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HomeMy WebLinkAboutDECEMBER 3, 2013CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large 1,R'h' MAYOR LOUIS R. JONES, Bayside - District 4 GLhNN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeS7EPH, At -Large ROBERT M. DYER Centerville - District I BARBARA Al, HENLEY, Princess Anne - District 7 JOHN D.MOSS, Ai -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Heach -- District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER .LAMES K SPORE ('11YA7TORNL'Y MARKD. STILES (YTYASSF_SSOR- JERALD D.BANAGAN CITYAUDITOR LYNDONS. REMIAS ('ITY CLERK - 1?17TH HODGLS FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 3 December 2013 I. CITY MANAGER'S BRIEFING - Conference Room - w CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (75 7) 385-4303 FAX (75 7) 385-5669 E- MAIL' Ctycnc1@vbgov. cont A. STORMWATER PROGRAM CHANGES Nancy McIntyre, Development Services Center Coordinator - Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Bremer, D.D. Pastor, Kings Grant Presbyterian Church 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 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY Princess Anne Road and South Independence Boulevard L ORDINANCES November 26, 2013 1. Ordinances requested by the City Treasurer re Neighborhood Dredging Special Service Districts: a. AMEND and REORDAIN City Code §35.3-9 re Chesopeian Colony Neighborhood Dredging Special Service District (SSD) to delay the Assessment date to July 1, 2014, and REDUCE the appropriation to Capital Project to $0 b. AMEND the City Council Policy to provide Assessment Levies be effective July 1st J. PLANNING 1. Application of COASTAL COMMUNITY CHURCH for a Conditional Use Permit re a new Worship Center at 2800 South Independence Boulevard, Glenwood DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 2. Application of OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re an addition to an existing Fellowship Hall at 691 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of ROLAND COURT, LLC for a Conditional Use Permit re a commercial parking lot at 208 17th Street DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of BEST BUY WHEELS for a Conditional Use Permit re a bulk storage yard at 1740 Virginia Beach Boulevard DISTRICT 6 — BEACH STAFF RECOMMENDATION: APPROVAL PLANNING COMMISSION RECOMMENDATION: DENIAL 5. Application of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) and SOUTHGATE COMMONS, LLC for a Modification of a Conditional Rezoning, (approved on April 24, 2012) re a medical office building at Princess Anne Road and Landstown Centre Way DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road (Deferred by City Council November 12, 2013). DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 7. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. Ordinance to REPEAL Article 13, §§ 1300-1305 re Historic and Cultural District and ADD a new Article 13, §§ 1300- 1307 re legislative intent, findings, establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of structures, the Historical Review Board and Historic Preservation Commission b. Ordinance to ADD a new City Code Section 2-5.1 re duties and membership of the Historical Review Board c. Resolution to AUTHORIZE application to the Virginia Historic Resources re Certified Local Government STAFF RECOMMENDATION: K. APPOINTMENTS 12/3/13 st APPROVAL BAYFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -S: 00 P. M. Monday, January 6`h' and Tuesday, January 7'h, 2014 2013 CITY HOLIDAYS Christntas Eve (hadf-tlay) - Tuesda}', December 24 Clrristnurs Day - Wednesday, December 25 CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. STORMWATER PROGRAM CHANGES Nancy McIntyre, Development Services Center Coordinator - Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 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. ('ALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Bremer, D.D. Pastor, Kings Grant Presbyterian Church 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 1. INFORMAL and FORMAL SESSIONS November 26, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY Princess Anne Road and South Independence Boulevard 1auA'wa • 11 The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City property, Tuesday, December 3, 2013, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at the northwest corner of Princess Anne Road and South Independence Boulevard (GPIN 1485-16-9065). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared in excess of the City's needs and sold. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 24, 2013 23855521 L ORDINANCES Ordinances requested by the City Treasurer re Neighborhood Dredging Special Service Districts: a. AMEND and REORDAIN City Code §35.3-9 re Chesopeian Colony Neighborhood Dredging Special Service District (SSD) to delay the Assessment date to July 1, 2014, and REDUCE the appropriation to Capital Project to $0 b. AMEND the City Council Policy to provide Assessment Levies be effective July 1st f - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Amend and Reordain Ordinance #3300 to Delay the Start Date of the Chesopeian Colony SSD and Ordinance #3302F to Reduce the Appropriation to Capital Project #8-503 2) An Ordinance to Approve an Amendment to the City Council Policy Regarding Neighborhood Dredging Special Service Districts MEETING DATE: December 3, 2013 ■ Background: The following special service districts have been established by City Council to facilitate neighborhood channel dredging: • Old Donation Creek, effective date of levy : 10/1/11 • Bayville Creek, effective date of levy : 7/1/12 • Shadowlawn, effective date of levy : 7/1/12 • Chesopeian Colony, effective date of levy : 1/1/14 July 1 is the beginning of the City's fiscal year as well as the beginning cycle of real estate assessment and billing. When special service districts are effective at the beginning of the tax year, there is no manual labor to calculate and change the tax bills for the prorated year. ■ Considerations: Effectively dating SSDs mid -year requires a manual manipulation of the land book and the issuance of supplemental tax bills. This process is labor intensive for both the City Treasurer and ComIT. Additionally, mid -year supplemental tax bills are confusing to taxpayers and loan servicing companies. The City Treasurer proposes the following to remedy billing issues related to the Chesopeian Colony SSD and to avoid future problems with SSD supplemental billing. First, delay the effective date of the Chesopeian Colony until July 1, 2014. The financial impact of the six month's levy is $99,797 that would be delayed into FY2015. Second, the City Treasurer proposes an amendment to the City Council policy regarding Neighborhood Dredging SSDs. This amendment would direct staff to prepare ordinances establishing future SSDs to make the levy effective the July 1 immediately following adoption. ■ Public Information: Public information will be provided by the regular City Council agenda process. ■ Attachments: Ordinances (2); ORD #3300; ORD #3302F; Proposed Amendment to the City Council Policy Regarding Neighborhood Dredging SSDs Submitting Department/Agency: City Manager: V '\ City Treasurer's Office V� 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 REQUESTED BY THE CITY TREASURER AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE #3300 TO DELAY THE START DATE OF THE CHESOPEAIN COLONY NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT AND ORDINANCE #3302F TO REDUCE THE APPROPRIATION TO CAPITAL PROJECT #8-503 WHEREAS, Ordinances #3300 and #3302F were adopted by City Council on August 13, 2013; and WHEREAS, Ordinance #3300 created the Chesopeian Colony Neighborhood Dredging Special Service District (the "Service District") and set January 1, 2014 as the effective date of the Service District levy; and WHEREAS, Ordinance #3302F created the Capital Project #8-503, "Chesopeian Colony Neighborhood Dredging," and provided funding by way of a transfer and an appropriation of estimated revenues; and WHEREAS, without the appropriation of estimated revenues, the remaining funding in Capital Project #8-503 is the $168,817 transferred from the General Fund Reserve in Ordinance #3302F. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Paragraph 5 of Ordinance #3300 is hereby amended and reordained as follows: "5. Paragraph 2 shall be effective januaFy 1 July 1, 2014." 2. That Paragraph 2 of Ordinance #3302F is hereby eliminated, which reduces the estimated revenue and appropriation to Capital Project #8-503 for FY2014 to $0. 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 City\Treasu CA12844 R-1 November 18, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Cit e Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 REQUESTED BY THE CITY TREASURER AN ORDINANCE TO APPROVE AN AMENDMENT TO THE CITY COUNCIL POLICY REGARDING NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS WHEREAS, as part of the FY2012 Operating Budget, the City Council adopted a policy regarding Neighborhood Dredging Special Service District; and WHEREAS, the City Treasurer requests an amendment to this policy, a copy of which is attached hereto, to clarify the effective date of any service district levy should be the July 1St following the creation of the special service district; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council approves an amendment to the Policy regarding Neighborhood Dredging Special Service Districts to provide district levies shall be effective the July 1St following the creation of the special service district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. AP VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cit rea urer to y s ffice CA12845 R-1 November 18, 2013 1 IA'BFAcb. 71 a l PolicyCit Counci t 5 OA .OR NAT\ON Title: Neighborhood Dredging Program Index Number: Date of Adoption: 5/10/2011 Date of Revision: _/_/2013 Page: 1 of 2 1.0 Purpose and Need For well over a decade, the difficulty in removing sediment of the navigation channels within the City's various bays and river basins has negatively impacted the waterfront homeowners' ability to optimize use of their properties. In addition, water quality and habitat have been severely impacted due to the siltation of the bottomland of those bays and rivers. The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. 2.0 Policy It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable condition through a partnership between the City and homeowners whose properties are contingent to the waterways. 3.0 Procedure to Accomplish Policy 3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties adjacent to the waterways before establishing an SSD. 3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost of dredging the neighborhood channels. 3.3 The City will be responsible for the main channels and spur channels off a main channel, the neighborhoods will be responsible for those channels that serve a collective neighborhood, and property owners will be responsible for private (individual) channels and dock basins that serve individual properties. 3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The neighborhood dredging project will require initial City funding, but over the 16 -year dredging period the SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and will reimburse the City for any upfront costs. 4.0 Responsibility and Authority 4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying those channels that are the City's responsibility, providing the Department of Management Services with the information needed to determine the City's cost of providing dredging service to those channels, and working with the respective neighborhoods to accomplish the necessary dredging. 4.2 The Department of Management Services will provide analysis to determine the cost to the City for each neighborhood dredging project and how that cost will be funded, prepare the necessary documents requesting City Council approval of the project and establishment of the associated SSD, and following City Council approval will ensure that the funds representing the City's portion of the cost of the project will be appropriated in a special reserve. The SSD levy portion of the ordinance to create an SSD pursuant to this policy shall provide an effective date of the July I" following adoption. 4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of debt. 5.0 Definitions Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay. Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through. Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access channel for one neighborhood. Private (Individual) Channel: An access channel leading from private property and improvements to a neighborhood channel. Special Service District: A defined geographical area of the City where special services are rendered and the costs of those special services are paid from revenues collected from service charges imposed within that area as authorized by §§15.2-2400, et seq. of the Code of Virginia. Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel system that is adopted as a designated City channel, which may serve more than one neighborhood. Approved as to Content: Director of Management Services Date Approved as to Legal Sufficiency: City Attorney Date Approved: Deputy City Manager Date Approved: City Manager Date Approved: Mayor Date f.. t ORD -3300 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE 2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE 3 CHESOPEIAN COLONY NEIGHBORHOOD DREDGING 4 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 5 TAXES ON REAL PROPERTY WITHIN THE CHESOPEIAN 6 COLONY NEIGHBORHOOD DREDGING SPECIAL 7 SERVICE DISTRICT 8 9 SECTION ADDED: 35.3-9 10 11 WHEREAS, the City of Virginia Beach has received signed petitions from at least 12 80% of the residents of the Chesopeian Colony Dredging Area waterfront property 13 owners; and 14 15 WHEREAS, the petitions provide the signers commit to the imposition of special 16 service district ("SSD") taxes and other contributions as set forth in further detail herein; 17 and 18 19 WHEREAS, the Chesopeian Colony Area Dredging Project ("Project") includes 20 three (3) cycles of dredging; and 21 22 WHEREAS, although the SSD taxes will begin January 1, 2014, the first 23 dredging is planned for FY 2015-16, the second is planned for FY 22-23, and the third is 24 planned for FY 2029-30; and 25 26 WHEREAS, the Project is a partnership addressing related dredging activities: 27 the community channel dredging, which is supported by City contributions to the Special 28 Service District; the neighborhood channel dredging, which is supported by the levy of 29 Special Service District taxes; and the access channels, which are supported by 30 individual contributions to the Special Service District; and 31 32 WHEREAS, the rate established by this Ordinance is based on the FY2012-13 33 real estate assessed value of the subject properties; and 34 35 WHEREAS, City staff will re -calculate the estimated Project costs at a minimum 36 of every four (4) years; and 37 38 WHEREAS, the City Council of the City of Virginia Beach believes that 39 undertaking the Project is in the best interest of the public and is a reasonable exercise 40 of the City's authority to promote general welfare, including commerce and industry of 41 the City and the inhabitants thereof. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF I4 VIRGINIA BEACH, VIRGINIA: 45 46 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 17 reordained as follows: 48 49 Section 35.3-9. Creation of the Chesopeian Colony Area Dred- inq Special 50 Services District. 51 5.2 a. There is hereby created the Chesopeian Colony Area Dredging Special Service 53 District for the purposes set forth in this chapter and those set forth in Code of 54 Virginia section 15.2-2403. 55 b_ The boundaries of the Chesopeian Colony Area Dredging Special Service District 56 shall be described in detail by the map attached to this ordinance. 57 c. The Chesopeian Colony Area Dredging Special Service District shall dissolve on 58 July 1 2030, if not sooner. 59 60 2. There shall be levied and collected taxes for the special purpose of providing 61 neighborhood dredging on all real estate within and pursuant to the Chesopeian Colony 62 Area Dredging Special Service District at the rate of 29.13 cents ($0.2913) on each on 63 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in 64 addition to the real estate tax rate set forth by the General Real Estate Tax Levy 65 adopted by City Council. Except as provided explicitly in Chapter 35.3 of the Code of 66 the City of Virginia Beach, this tax rate shall apply without reduction to any properties 67 subject to ad valorem taxes including those properties enrolled in the Exemption, 68 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As 59 set forth in Code of Virginia, section 15.2-2403(6), written consent is required to apply ` 70 this tax rate to the full assessed value of properties subject to special use value 71 assessment. The real estate tax rate imposed herein shall be applied on the basis of 72 one hundred percentum (100%) of the fair market value of such real property except for 73 public service real property, which shall be on the basis as provided in Section 58.1- 74 2604 of the Code of Virginia. 75 76 3. The City Manager or designee is hereby authorized to enter into contracts and to 77 perform other actions consistent with this ordinance. 78 79 4. Paragraphs 1 and 3 shall be effective immediately. 80 81 5. Paragraph 2 shall be effective January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August 7Q13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORD® 3302 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-503, "CHESOPEIAN COLONY NEIGHBORHOOD DREDGING," TO APPROPRIATE FUNDS, AND TO TRANSFER FUNDS WHEREAS, by separate ordinance the City Council established the Chesopeian Colony Neighborhood Dredging Special Service District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. Capital Improvement Project #8-503, "Chesopeian Colony Neighborhood Dredging" is hereby created in the FY 2013-14 Capital Improvement Program; and 2. $99,797 is hereby appropriated, with estimated revenues from the Chesopeian Special Service District increased accordingly, and transferred to Capital Project #8-503 for engineering and design work; and 3. $168,817 is hereby transferred from the General Fund Reserve for Contingencies to Capital Project #8-503 for engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13'1*� day of p , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT 1 91 APPROVED AS TO CONTENT: 4ugbOVorksla" APPROVED AS TO LEGAL SUFFICIENCY: tt yIs 01fice CA12687 R-1 July 30, 2013 J. PLANNING 1. Application of COASTAL COMMUNITY CHURCH for a Conditional Use Permit re a new Worship Center at 2800 South Independence Boulevard, Glenwood DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 2. Application of OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re an addition to an existing Fellowship Hall at 691 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of ROLAND COURT, LLC for a Conditional Use Permit re a commercial parking lot at 208 17`" Street DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of BEST BUY WHEELS for a Conditional Use Permit re a bulk storage yard at 1740 Virginia Beach Boulevard DISTRICT 6 — BEACH STAFF RECOMMENDATION: APPROVAL PLANNING COMMISSION RECOMMENDATION: DENIAL 5. Application of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) and SOUTHGATE COMMONS, LLC for a Modification of a Conditional Rezoning, (approved on April 24, 2012) re a medical office building at Princess Anne Road and Landstown Centre Way DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road (Deferred by City Council November 12, 2013). DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 7. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. Ordinance to REPEAL Article 13, §§ 1300-1305 re Historic and Cultural District and ADD a new Article 13, §§ 1300- 1307 re legislative intent, findings, establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of structures, the Historical Review Board and Historic Preservation Commission b. Ordinance to ADD a new City Code Section 2-5.1 re duties and membership of the Historical Review Board c. Resolution to AUTHORIZE application to the Virginia Historic Resources re Certified Local Government STAFF RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, December 3, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: CITY OF VIRGINIA BEACH Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a new Article 13 pertaining to Legislative Intent, Findings. Establishment of Historic and Cultural Districts, Certificates or Appropriateness, Demolition of Structures, the Historical. Review Board and Historic Preservation Commission. CENTERVILLE - DISTRICT 1 Coastal Community Church Application: Conditional Use Permit for a religious facility to construct a new 18,500 square foot building at 2800 S. Independence Blvd (GPIN 1475402676). PRINCESS ANNE - DISTRICT 7 Oak Grove Baptist Application: Conditional Use Permit for a religious facility to construct an addition to the existing building at 691 Princess Anne Road (GPIN 2309622414). Children's Hospital of the King's Daughters Application: Modification of a Conditional Rezoning approved on 4/24/13 to construct a three (3) - story medical office building instead of a shopping center on the south side of Princess Anne Road approximately 400 feet southeast of Landstown Centre Way (GPIN .1484997280). BEACH - DISTRICT 6 Roland Court, LLC Application: Conditional Use Permit for a commercial parking lot at 208 17t6 Street (GPIN 2427177240) Best Buy Wheels Application: Conditional UaQ Permit for a bulk storage yard at 1740 Virginia Beach Boulevard (GPIN 2407753989). Previously deferred on October 9. 2013 All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at it _: e ti iso:,, 'r! ; oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon Nov. 17 & 24, 2013 23847913 W J J LO WF Z W V V 6„ �Ku s y e of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COASTAL COMMUNITY CHURCH (Applicant & Owner), Conditional Use Permit for a religious facility. 2800 S. Independence Blvd (GPIN 1475402676). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: December 3, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a new 18,500 square feet worship center. In 1984, the subject site was included in the Land Use Plan of Glenwood, approved for R.G. Moore Building Corporation. The site was zoned B-1 Neighborhood Business District. On October 17, 1995, the site was rezoned to R-10 Residential and a Conditional Use Permit was obtained to construct a religious use (church). That church was never constructed. In 1997, another Conditional Use Permit was approved. City records show that the Family Life Center that currently sits at the south of the site was constructed in 2001, and the church met in that building until recently. In 2004, a Modification to the Conditional Use Permit was granted to allow a 12 -foot tall, pylon -style, internally illuminated sign on the site, and to allow for awnings to be installed across the front of the building. ■ Considerations: The submitted site plan depicts a church building of 18,507 square feet, including a future expansion at the rear. The sanctuary will seat 735 people, and 245 parking spaces are provided, which meets the off-street parking requirements for a religious use. There is an existing parking area, which will remain, and additional parking is being added around all sides of the proposed church building. The building will be oriented towards Round Hill Drive with the principal building access being on the northeast facade. The site plan depicts a substantial lawn area between the parking area and South Independence Boulevard. In addition to the lawn area, a row of trees and shrubs will be planted along the edge of the parking area that runs adjacent to South Independence Boulevard and Round Hill Drive. The existing free-standing sign located at the north corner of the site is to remain. The proposed church building is contemporary in design. The design meets the Comprehensive Plan's Design Guidelines for the Suburban Area with regard to scale, building mass, proportion of building components, color, and material selection. Variations in materials, the use of wall projections, and height variations are all instrumental to breaking up the mass of the building and Coastal Community Church Page 2of3 creating a visually pleasing facade. The building will primarily be Exterior Insulation Finishing System (EIFS) and will use synthetic stone veneer and a storefront window system as accents. There will be two tall glass tower features located on each side of the main doorway. There is a covered walkway feature along the northwest facade that adds visual interest to the building from the public right-of-way. Additional detail regarding the site and building design are provided in the attached staff report. The continued use of the subject site for a church including the proposed new construction complements the existing uses in the area and provides a transition from the intersection of the roadways to the adjacent school and residential uses. Additionally, two Conditional Use Permits have previously been granted on this site for religious uses. At the time of the granting of the original Conditional Use Permit, the church was not able to construct the building proposed at that time. The applicant is now ready to proceed with construction of the new worship facility. There was no opposition to the request. ■ Recommendation: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF COASTAL COMMUNITY CHURCH", dated September 2, 2013 and prepared by MSA, P.C., which is on file in the Planning Department. 2. The temporary curb cut along South Independence Boulevard shall be removed and curbing to match existing shall be installed unless the access is determined necessary for the use of the Fire Department. 3. A three-foot high earthen berm shall be installed between Round Hill Drive and the parking area. Sculpting of the berm shall be such that sight lines remain open and places of concealment are not fostered. In accordance with Section 2.7 of the Landscaping, Screening and Buffering Specifications and Standards section of the City's Landscaping Guide, the slope of the berm shall not exceed three (3) feet of rise to one (1) foot of run and the top width of the berm shall be sufficient to allow installation and maintenance of landscaping, grass and/or ground cover sufficient to preclude erosion of the berm. Category I landscaping shall be planted on the berm to provide Coastal Community Church Page 3of3 additional screening. 4. The building shall be developed in substantial accordance with the submitted renderings and building elevation entitled, "COASTAL COMMUNITY CHURCH BUILDING ELEVATIONS", dated September 3, 2013 and prepared by Church Development Services, LLC. The renderings and building elevations have been exhibited to City Council and are on file in the Planning Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 7. The existing monument sign shall remain in accordance with Conditions 2 and 3 of the Modification to a Conditional Use Permit approved by the City Council on May 10, 2005. These conditions state that the applicant shall be allowed to install a 12 -foot tall pylon -style, internally -lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 1/3/05 which is on file at the Planning Department. The landscaping around the sign shall be substantially in accordance with the submitted landscaping plan entitled "Coastal Community Church, Virginia Beach", prepared by Winesett Nursery which is also on file at the Planning Department. 8. The building shall be allowed one sign to be mounted on the front facade. This sign will consist of unlit block letters and shall be in substantial accordance with the submitted elevation drawing entitled, "COASTAL COMMUNITY CHURCH, BUILDING ELEVATIONS", dated 9/3/13 and prepared by Church Development Services, LLC. The area of the building signage shall not exceed 150 square feet. ■ 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: CENTERVILLE "'IEdF 11� Coastal Community Church 1 1 P1" P1, l s / W 41 A R10' R10• << REQUEST: Conditional Use Permit (Religious Use) 4 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: COASTAL COMMUNITY CHURCH STAFF PLANNER: Kevin Kemp ADDRESS / DESCRIPTION: 2800 S. Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14754026760000 CENTERVILLE 268,765 square feet Less than 65 dB DNL (6.17 acres) BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for a new 18,500 square feet worship center. In 1984, the subject site was included in the Land Use Plan of Glenwood, approved for R.G. Moore Building Corporation. The site was zoned B-1 Neighborhood Business District. On October 17, 1995, the site was rezoned to R-10 Residential and a Conditional Use Permit was obtained to construct a religious use (church). That church was never constructed. In 1997, another Conditional Use Permit was approved. City records show that the Family Life Center that currently sits at the south of the site was constructed in 2001. In 2004, a Modification to the Conditional Use Permit was granted to allow a 12 -foot tall, pylon -style, and internally illuminated sign and to allow for awnings to be located across the front of the building. The majority of the site is an undeveloped grass field. The existing 4,800 square foot two-story building acts as the congregation's Family Life Center and will remain on the site. This building will house the church offices and youth activities center. Access to the site is along Round Hill Drive at the southeastern edge of the site and will remain the only access point. There is an existing paved parking area that will also remain. The temporary curb cut and gravel driveway at the west of the site along South Independence will be removed and curbing will be installed to match the existing along the roadway. COASTAL COMMUNITY CHURCH Agenda Item 4 Page The submitted site plan depicts a church building of 18,507 square feet, including a future expansion at the rear. The sanctuary will seat 735 people, and 245 parking spaces are provided to meet the off-street parking requirements per Section 203 of the Zoning Ordinance. The existing parking will remain, with additional parking being added around all sides of the proposed church building. The proposed church building will be oriented towards Round Hill Drive with the main entrance being on the northeast facade. The site plan depicts a substantial green space between the parking area and South Independence Boulevard. In addition to the grassy area, a row of trees and bushes will be planted along the edge of the parking area that runs adjacent to South Independence Boulevard and Round Hill Drive. The existing free-standing sign located at the north corner of the site is to remain. The proposed church building elevations depict the use of a contemporary style. The facades will be an External Insulation Finishing System (EIFS) with synthetic masonry accents. Recesses in the elevation as well as material variations will break up the mass of the facade. A darker earth -toned colored EIFS provides visual separation on the structure. Below the band, synthetic masonry veneer and storefront windows are used along the front facade. The area over the band is primarily a lighter colored EIFS with tower features of synthetic masonry and glass extending upward the entire height of the structure. The two-story glass tower features, located on each side of the main entrance, provide natural light into the lobby area. The application notes that Phase One will include: new worship facility with Sunday school classrooms, a warming kitchen, and a sanctuary space that seats 735 people. The sanctuary will function as a multi- purpose space for worship and congregational dinners until the completion of Phase Two, which will add a large gym and multi-purpose space. The church will be open Monday through Thursdays, 8:00 a.m. to 4:00 p.m., and Sunday services will be held at 9:30 a.m. and 11:00 a.m. There are 13 full and part-time employees. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious Use SURROUNDING LAND North: . South Independence Boulevard USE AND ZONING: . Glenwood Community Center/ PD -H2 [P-1] Planned Development District [P-1 Preservation] South: . Glenwood Elementary School, Bus Storage Facility / PD - H2 [R-10] Planned Development District [R-10 Residential] East: 0 Round Hill Drive • Honeybee Golf Course / PD -H2 [P-1] Planned Development District [Preservation] West: . Open Space, Single Family Homes / PD -H2 [R-10] Planned Development District [R-10 Residential] NATURAL RESOURCE AND The majority of the site is flat and grassy. As the southern portion of CULTURAL FEATURES: the site is developed with an existing two-story building, concrete parking lot and gravel parking area, there do not appear to be any significant cultural or environmental issues on the site. The site is located within the Southern Watershed. COASTAL COMMUNITY CHUfICH Agenda Item 4 Page 2 COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. 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 reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respects to type, size, intensity and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four -lane facility within a 110 -foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. Round Hill Drive in the vicinity of this application is considered a four -lane undivided collector street. The Master Transportation Plan proposes a four -lane facility within an 80 -foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. No Roadway Capital Improvement Program projects are approved for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South 6,609 ADT 13,600 ADT (Level of Weekday Independence (2012) Service "C") Existing Land Use 2 - Boulevard 15,000 ADT' (Level of 220 ADT Service "D") / capacity Proposed Land Use 3 16,200 ADT' (Level of 169 ADT Service "E") Sunday Round Hill Drive 3,943 ADT 13,100 ADT (Level of Existing Land Use 2— (2004) Service "C") 131 ADT 20,700 ADT' (Level of Proposed Land Use 3 Service "D")/ capacity 1,360 ADT 22,800 ADT' (Level of Service "E" Average Daily Trips s as defined by 9,600 SF family life center Sas defined by 18,500 SF church / 735 seats WATER: The site is already connected to City water. There is an existing 16 -inch City water main along South Independence Boulevard and 12 -inch City water main along Round Hill Drive. The existing 1.5 - inch water meter (City ID #94002011) may be used or upgraded to accommodate the proposed development. COASTAL COMMUNITY CHURCH Agenda Item 4 Page 3 SEWER: The site is already connected to City sanitary sewer. There is an existing 8 -inch City sanitary sewer gravity main along Round Hill Drive and an existing 30 -inch HRSD force main along Round Hill Drive. Sanitary sewer and pump station analysis for Pump Station #564 is required to determine if future flows can be accommodated. STORMWATER: Stormwater quantity requirements may be met by the original community subdivision drainage design, if the final stormwater flow meets the equivalent of R-10 density. It should not be assumed that the new State quality requirements have been satisfied; therefore, a full review will be required during the final site plan review. EVALUATION AND RECOMMENDATION The request for a Conditional Use Permit to construct an approximately 18,500 square foot worship facility is consistent with the Comprehensive Plan's land use policies for the Suburban Area. A church would complement the existing uses in the area and provide a transition from the roadway intersection to the adjacent school and residential uses. Additionally, two Conditional Use Permits have previously been granted on this site for religious uses. At the time the original Conditional Use Permits were granted, the proposed church building was not able to be built. The applicant, Coastal Community Church, is now ready to proceed with constructing a new worship facility. The subject site is located at the intersection of South Independence Boulevard and Round Hill Drive. Both streets are currently functioning well under capacity; therefore, the traffic generated by this religious use should not have a negative impact on the immediate area. Access to the site is to remain in its current location at the east end of the site along Round Hill Drive. The increase in trip generation by the proposed religious use will be minimal on a daily basis, with the heaviest volumes of traffic occurring on Sunday morning. The parking is pushed closer to the property lines adjacent to South Independence Boulevard. The Comprehensive Plan states that parking areas should be broken up into separate sub -areas to avoid the "sea of asphalt" appearance and that landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while ensuring the lines -of -site are maintained. In this case, a wide grass section with trees and shrubs creates a landscaping buffer that will shield the parking area from view along the public right-of-way. Additionally an earthen berm will be installed in the grassy area at the northern portion of the site between Round Hill Drive and the parking area. This berm will be three feet in height and be installed in conjunction with Category I landscaping. Trees planted on landscape islands throughout the parking area will soften the appearance of the parking area. Condition 8 is recommended to address this issue. The proposed church building is of a contemporary design. It meets the design guidelines for the Suburban Area in the Comprehensive Plan's Reference Handbook with regard to scale, building mass, proportion of building components, color and material selection. Variations in materials, the use of wall projections, and height variations are all instrumental to breaking up the mass of the building and creating a visually pleasing facade. The building will primarily be Exterior Insulation Finishing System (EIFS) and will use synthetic stone veneer and storefront windows as accents. There will be two tall glass tower COASTAL COMMUNITY CHURCH Agenda Item 4 Page 4 features located on each side of the main entrance. There is a covered walkway feature along the northwest facade that adds visual interest to the building from the public right-of-way. There is an existing monument sign on the site at the intersection of South Independence Boulevard and Round Hill Drive that is to remain. In 2005 a Modification of the Conditional Use Permit on the site was granted by City Council to construct this sign. The conditions associated with this approval are to remain, including maintaining the landscaping around the sign. In addition, the applicant wishes to install a sign on the front facade of the building. This sign will be centered in a recessed architectural feature over the main entrance to the sanctuary and will consist of block letters spelling the name of the church. These letters will not be illuminated. The size of this sign is not to exceed 150 square feet in area. Accordingly, Condition 7 is recommended to address this issue. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF COASTAL COMMUNITY CHURCH", dated September 2, 2013 and prepared by MSA, P.C., which is on file in the Planning Department. 2. The temporary curb cut along South Independence Boulevard shall be removed and curbing to match existing be installed unless the access if determined necessary for Fire Department use. A three-foot high earthen berm shall be installed between Round Hill Drive and the parking area. Sculpting of the berm shall be such that sight lines remain open and places of concealment are not fostered. In accordance with Section 2.7 of the Landscaping, Screening and Buffering Specifications and Standards section of the City's Landscaping Guide, the slope of the berm shall not exceed three (3) feet of rise to one (1) foot of run and the top width of the berm shall be sufficient to allow installation and maintenance of landscaping, grass and/or ground cover sufficient to preclude erosion of the berm. Category I landscaping shall be planted on the berm to provide additional screening. 4. The building shall be developed in substantial accordance with the submitted renderings and building elevation entitled, "COASTAL COMMUNITY CHURCH BUILDING ELEVATIONS", dated September 3, 2013 and prepared by Church Development Services, LLC. The renderings and building elevations have been exhibited to City Council and are on file in the Planning Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 7. The existing monument sign shall remain in accordance with Conditions 2 and 3 of the Modification to a Conditional Use Permit approved by the City Council on May 10, 2005. These COASTAL COMMUNITY CHURCH Agenda Item 4 Page 5 conditions state that the applicant shall be allowed to install a 12 -foot tall pylon -style, internally -lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 1/3/05 which is on file at the Planning Department. The landscaping around the sign shall be substantially in accordance with the submitted landscaping plan entitled "Coastal Community Church, Virginia Beach", prepared by Winesett Nursery which is also on file at the Planning Department. 8. The building shall be allowed one sign to be mounted on the front facade. This sign will consist of unlit block letters and shall be in substantial accordance with the submitted elevation drawing entitled, "COASTAL COMMUNITY CHURCH, BUILDING ELEVATIONS", dated 9/3/13 and prepared by Church Development Services, LLC. The area of the building signage shall not exceed 150 square feet. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. COASTAL COMMUNITY CHUFtCH Agenda Item 4 Page 6 ,L 00 "I I CONCEPTUAL SITE LAYOUT COASTAL COMMUNITY CHURCH Agenda Item 4 Page 8 BUILDING RENDERING COASTAL COMMUNITY CHURCH Agenda Item 4 Page 9 QB BUILDING ELEVATION tl+ COASTAL COMMUNITY CHURCH Agenda Item 4 Page 10 a U N`- ZONING HISTORY # DATE REQUEST ACTION 1 05/10/2005 Modification of Conditions 10/28/1997 (Use Permit Religious Use) Approved 10/28/1997 Conditional Use Permit (Religious Use) Approved 10/17/1995 Conditional Use Permit (Religious Use) Approved 10/17/1995 Rezoning (B-1 to R-10) Approved 12/09/1985 Rezoning (PD -1-12 to B-1) Approved 2 12/05/1995 Rezoning (PD -1-12 to B-1) Approved 3 07/09/1990 Rezoning (PD -1-12 to P-1) Approved 4 12/09/1985 Rezoning (PD -H2 to P-1) Approved ZONING HISTORY COASTAL COMMUNITY CHURCH Agenda Item 4 Page 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) Applicant Name: Coastal Community Church (see attached Exhibit A for names of officers and trustees) 2. List all businesses that have a parent -subsidiary' or affiliated business en tity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes i i ■ Does an official or employee of the City of Virginia Beach have an interest in the F subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? N/A 0 DISCLOSURE STATEMENT COASTAL COMMUNITY CHUCH Agenda Itetn 4 Page 12 y .I ■y1 a 04 PP 4 1 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) Architectural (Church Development Services); Real Estate (none ongoing); Financial Services (Towne Bank); Accounting (none ongoing); Legal (none ongoing) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to hotograph and yiew.iheslte.for purposes of processing and evaluating this application. o CQ Ki'/%_ A licant's Signature Print Name 1 Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT COASTAL COMMUNITY CHURCH Agenda Item 4 Page 13 EXHIBIT A - ATTACHMENT TO CONDITIONAL USE PERMIT APPLICATION FOR COASTAL COMMUNITY CHURCH OFFICERS: • None ADVISORY TEAM: • J. D. Calkin • Hank Brooks • Donna Brooks • John Edwards • Steve Payne • Nick Xenakis • Rachel Sell TRUSTEES: • John Wren • John Edwards • RachelSell PARTNERS: • None DISCLOSURE STATEMENT COASTAL COMMUNITY CHURCH Agenda Item 4 Page 14 Item #4 Coastal Community Church Conditional Use Permit 2800 S. Independence Boulevard District 1 Centerville November 13, 2013 CONSENT An application of Coastal Community Church for a Conditional Use Permit (Religious Use) on property located at 2800 S. Independence Boulevard, District 1, Centerville. GPIN: 14754026760000. CONDITIONS Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF COASTAL COMMUNITY CHURCH", dated September 2, 2013 and prepared by MSA, P.C., which is on file in the Planning Department. 2. The temporary curb cut along South Independence Boulevard shall be removed and curbing to match existing be installed unless the access if determined necessary for Fire Department use. 3. A three-foot high earthen berm shall be installed between Round Hill Drive and the parking area. Sculpting of the berm shall be such that sight lines remain open and places of concealment are not fostered. In accordance with Section 2.7 of the Landscaping, Screening and Buffering Specifications and Standards section of the City's Landscaping Guide, the slope of the berm shall not exceed three (3) feet of rise to one (1) foot of run and the top width of the berm shall be sufficient to allow installation and maintenance of landscaping, grass and/or ground cover sufficient to preclude erosion of the berm. Category I landscaping shall be planted on the berm to provide additional screening. 4. The building shall be developed in substantial accordance with the submitted renderings and building elevation entitled, "COASTAL COMMUNITY CHURCH BUILDING ELEVATIONS", dated September 3, 2013 and prepared by Church Development Services, LLC. The renderings and building elevations have been exhibited to City Council and are on file in the Planning Department. 5. The applicant shall submit a site plan to the Planning Department/ Development Services Division for review and approval. Item #4 Coastal Community Church Page 2 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 7. The existing monument sign shall remain in accordance with Conditions 2 and 3 of the Modification to a Conditional Use Permit approved by the City Council on May 10, 2005. These conditions state that the applicant shall be allowed to install a 12 -foot tall pylon -style, internally -lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 1/3/05 which is on file at the Planning Department. The landscaping around the sign shall be substantially in accordance with the submitted landscaping plan entitled "Coastal Community Church, Virginia Beach", prepared by Winesett Nursery which is also on file at the Planning Department. 8. The building shall be allowed one sign to be mounted on the front facade. This sign will consist of unlit block letters and shall be in substantial accordance with the submitted elevation drawing entitled, "COASTAL COMMUNITY CHURCH, BUILDING ELEVATIONS", dated 9/3/13 and prepared by Church Development Services, LLC. The area of the building signage shall not exceed 150 square feet. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 4 by consent. Glen Trematore appeared before the Commission on behalf of the applicant. 04 POO ar F11 r OS s `tiw•".� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OAK GROVE BAPTIST (Applicant & Owner), Conditional Use Permit for a religious facility. Request is to construct an addition to the existing building. 691 Princess Anne Road (GPIN 2309622414). PRINCESS ANNE MEETING DATE: December 3, 2013 ■ Background: The applicant requests a Conditional Use Permit for the purpose of constructing a 5,700 square foot one-story addition, as well as a 2,000 square foot future expansion to the rear of the proposed fellowship hall. Currently located on the site are the principal church building, the parsonage, a one -car detached garage, open-air shelter, and cemetery. The site is zoned AG - 2 Agricultural District. The church and parsonage currently located on the site were built in 1957. The church and cemetery are located on the northern portion of the lot adjacent to the intersection of Pungo Ferry Road and Princess Anne Road. The southern portion of the parcel is occupied by the parsonage, accessory structures, and a large grassy area used for recreational purposes by the members of the congregation. There is a large gravel area in the center of the site that is used for parking, predominately for Sunday services. There is a nine -space paved parking area located in front of the existing church building. The west portion of the lot is undeveloped and heavily wooded. There are two paved and two gravel access points on Princess Anne Road along the east side of the site, as well as a gravel access point along Old Pungo Ferry Road to the north. There is one freestanding sign located along Princess Anne Road. ■ Considerations: The proposed additions will be located in the grassy area to the south of the existing church building, and will include a fellowship hall, kitchen, and bathroom facilities.. The addition will be connected to the existing structure by a covered breezeway. The proposed addition is designed to match the existing structure in both architectural style and materials. The existing one -car garage and child play structure will be relocated to accommodate the addition. The applicant also plans on making improvements to the existing site. These improvements will include extending the paved area to create a drop-off area in front of the new fellowship hall and extending the drive aisle to the third existing gravel access point at Princess Anne Road. When funds become available, the remaining gravel area will be paved. Oak Grove Baptist Page 2 of 3 The proposed building addition and site improvements are consistent with the Comprehensive Plan's land use policies for non-residential development in the Rural Area. The church, including the proposed addition is a low impact use, and is compatible with the surrounding uses, which are primarily residential and agricultural. The proposed fellowship hall is designed such that it complements the existing structure on site, and is compatible with the surrounding rural character in terms of size, scale, architectural style, and selection of materials. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, "FELLOWSHIP HALL EXPANSION FOR: OAK GROVE BAPTIST CHURCH", dated October 22, 2012 and prepared by Barnes Design Group, P.C., which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the submitted floor plan and building elevation entitled, "CONSTRUCTION DRAWINGS FOR: OAK GROVE BAPTIST CHURCH", dated September 17, 2012 and prepared by Barnes Design Group, P.C. The floor plan and building elevations have been exhibited to City Council and are on file in the Planning Department. 3. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the materials and appearance depicted on the submitted renderings entitled, "PRELIMINARY DESIGN FOR: OAK GROVE BAPTIST CHURCH", dated October 11, 2011 and prepared by Barnes Design Group, P.C. The renderings have been exhibited to City Council and are on file in the Planning Department. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval. Oak Grove Baptist Page 3of3 6. The applicant shall obtain all necessary permits and approvals from the Health Department for any new or modified private wells and septic systems. ■ 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: �- � IRMCEMS ANNE at k� 20,E Oak Grove Ba Aist AG1 AG,2 AG2 AG2" m AGI 'AGI AG1' �o PERS AG2:- AG2 AGI A62 - AGI AG2 Al2 CUP for Church Addition row4 o...W. REQUEST: Conditional Use Permit (Addition to a Religious Use - Church) ADDRESS / DESCRIPTION: 691 Princess Anne Road L� November 13, 2013 Public Hearing APPLICANT& PROPERTY OWNER: OAK GROVE BAPTIST STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 23096224140000 PRINCESS ANNE 227,383 square feet Less than 65 dB DNL (5.22 acres) BACKGROUND / DETAILS OF PROPOSAL The applicant, Oak Grove Baptist Church, requests a Conditional Use Permit for the purpose of constructing a 5,700 square foot one-story addition, as well as a 2,000 square foot future expansion to the rear of the proposed fellowship hall. The site currently is comprised of the principal church building, the parsonage, a one -car detached garage, open-air shelter, and cemetery. The church and cemetery are located on the northern portion of the lot. The southern portion is occupied by the parsonage, accessory structures, and a large grassy area used for recreational purposes by the members of the congregation. There is a large gravel area in the center of the site that is used for parking, predominately for Sunday services. There is a paved and striped parking area located in front of the existing church facility that accommodates nine spaces. The west portion of the lot is undeveloped and heavily wooded. There are two paved and two gravel access points on Princess Anne Road along the east side of the site, as well as a gravel access point along Old Pungo Ferry Road to the north. There is one freestanding sign located along Princess Anne Road. The proposed additions will be located in the grassy area to the south of the existing church building. The addition will be connected to the existing structure by a covered breezeway. The proposed addition is OAK GROVE BAPTIST Agenda Item 5 Page 1 designed to match the existing structure in both architectural style and materials. The facade will be red brick veneer with white projecting architectural accents, including the use of Exterior Insulation Finishing System (EIFS) panels and cornice as well as two fiberglass columns at the entryway. The roof will be dark -colored metal standing -seam roof panels. There are two large aluminum storefront windows on each side of the addition in order to provide the fellowship hall with natural light. The existing one -car garage and child play structure will be relocated to accommodate the addition. The proposed addition will include a fellowship hall, kitchen and bathroom facilities. The main access to the building will be provided through an approximately 500 square foot lobby at the front of the building. This area is designed with aluminum storefront walls in order to provide natural light to the space. The fellowship hall is approximately 3,500 square feet, with the remaining area dedicated to the kitchen, bathroom and service areas. The application states that church will be open during traditional church hours for Sunday services and Wednesday nights. There will be three full-time employees keeping office hours on weekdays. The applicant also plans on making improvements to the existing site. These improvements will include extending the paved area to create a drop-off area in front of the new fellowship hall and extending the drive aisle to a third access point at Princess Anne Road that is currently gravel. When funds become available, the remaining gravel area will be paved. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Church building (fellowship hall and office space), single-family dwelling (parsonage), and cemetery. SURROUNDING LAND North: . Pungo Ferry Road USE AND ZONING: . Vacant land, Agricultural use / AG -2 Agriculture District South: . Single-family Residential / AG -2 Agriculture District East: • Princess Anne Road • Single-family Residential / AG -2 Agriculture District West: . Single-family Residential / AG -2 Agriculture District NATURAL RESOURCE AND The front portion of the site is developed with a church, cemetery, CULTURAL FEATURES: parsonage, detached garage, and pavilion structure. The majority of the site is undeveloped wooded and grass area. There do not appear to be any significant natural or cultural features on the site. The site is located in the Southern Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working farms, farm related businesses, and limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agriculture and rural -based economic activities in this part of Virginia Beach. The City's Rural Preservation Plan policies seek to: • Preserve and promote the opportunity for continued agricultural production; OAK GROVE BAPtIST Agenda Item 5 Page 2 Recognize the rural character and the need to preserve its open space and scenic beauty; Protect and sustain environmental resources for future generations; • Provide reasonable rural development opportunities; and, • Eliminate the need for urban infrastructure. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is currently no Roadway CIP Project scheduled for this portion of Princess Anne Road and there are no improvements recommended in the Master Transportation Plan. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 5,140 ADT 7,400 ADT (Level of Existing Land Use — Road Service "C") — 12,000 120 weekday / 363 ADT ADT' (Level of Service Sunday "D") Proposed Land Use 2 - No Change in ADT Average Daily Trips las defined by Sanctuary with 196 seats WATER: City water is not available. Health Department approval is required for private wells. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. EVALUATION AND RECOMMENDATION The request for a Conditional Use Permit for the construction of a two-phase addition, consisting of a 5,700 square foot addition and a 2,000 square feet future expansion for a fellowship hall is consistent with the Comprehensive Plan's land use policies for non-residential development in the Rural Area. The current use of the 5.22 -acre site, zoned AG -2 Agricultural District, is for religious use, and has been used as a church for many years. This low impact use is compatible with the surrounding uses which are primarily residential and agricultural. The proposed fellowship hall is designed such that it complements the existing structure on site, and is compatible with the surrounding rural character in terms of size, scale, architectural style, and selection of materials. The 5,700 square foot fellowship hall will be used as a multi-purpose meeting space and will include a large fellowship hall, a lobby, a kitchen, and bathroom facilities. This request includes the applicant's desire to add 2,000 square feet to the fellowship hall at a later date. The future expansion will be in line OAK GROVE BAPST Agenda Item 5 Page 3 with the proposed building and will extend off the rear, meeting all applicable setbacks and zoning requirements. A majority of the traffic will be generated on Sunday morning for the weekly services. No projected increase in traffic volume is anticipated for this site. This site does not have City water or sewer available. As such, the applicant will need to obtain all necessary permits and approvals from the Health Department for private wells and the septic system. Accordingly, condition 6 is recommended to address this issue. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, "FELLOWSHIP HALL EXPANSION FOR: OAK GROVE BAPTIST CHURCH", dated October 22, 2012 and prepared by Barnes Design Group, P.C., which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the submitted floor plan and building elevation entitled, "CONSTRUCTION DRAWINGS FOR: OAK GROVE BAPTIST CHURCH", dated September 17, 2012 and prepared by Barnes Design Group, P.C. The floor plan and building elevations have been exhibited to City Council and are on file in the Planning Department. 3. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the materials and appearance depicted on the submitted renderings entitled, "PRELIMINARY DESIGN FOR: OAK GROVE BAPTIST CHURCH", dated October 11, 2011 and prepared by Barnes Design Group, P.C. The renderings have been exhibited to City Council and are on file in the Planning Department. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval. 6. The applicant shall obtain all necessary permits and approvals from the Health Department for any new or modified private wells and septic systems. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OAK GROVE BAPIST Agenda Item 5 Page 4 AERIAL OF SITE LOCATION OAK GROVE BAPTIST Agenda Item 5 Page 5 wc, me .rs�ra.ygrA /arn/ aw.w.., �'rcc A• !LT��•�- !ha b �( }� a_L erraGy J.fc�ba.rndl f• r//na♦ Jr anewn an pFrl. - v lAr[ �w.[R a' D. ML u[[) GlIT.sT 1 waE e� a 11�t• � w Ll1 Va[. fM[Hlyi 3R.tu"Flf• f. Eplr<r ... A.fe4rr T.aJ,w Y1 Y'r 6. Fryiry[yi �rRlr1{ )uri♦ ar r�✓.ra I.rL T.a rr �.+Y w... ll.n nY nLFI/7w� re .•.. � a�/'•r'Yr rr.,n war N}�.y/1 •w .tr et4`�.I� � - M i Da Lu. a.n, ra Au. u,♦ �w, Ila) ' A•,�•ryet .pal t C}} If -aYc'I /ya '1DaS_ �` / ref ' Puia on.TJ�.r...+✓ 1 —�JM • .� ' J 1 ,E ♦ I I t r � - e � r � wc, me .rs�ra.ygrA /arn/ aw.w.., �'rcc A• !LT��•�- !ha b �( }� a_L erraGy J.fc�ba.rndl f• r//na♦ Jr anewn an pFrl. - v lAr[ �w.[R a' D. ML u[[) GlIT.sT 1 waE e� a 11�t• � w Ll1 Va[. fM[Hlyi 3R.tu"Flf• f. Eplr<r ... A.fe4rr T.aJ,w Y1 Y'r 6. Fryiry[yi �rRlr1{ )uri♦ ar r�✓.ra I.rL T.a rr �.+Y w... ll.n nY nLFI/7w� re .•.. � a�/'•r'Yr rr.,n war N}�.y/1 •w .tr et4`�.I� � riaww..y 6•/.aA• i STL.T[ et vitt ro �p G rt Di Nwa'iOlrC V. {rLM AYfE LL t N�1fRy C' pu [y. rc l� auI f.R Ter t�T.t eT i.r O. lAr[ �w.[R a' D. ML u[[) GlIT.sT 1 waE e� a 11�t• � w Ll1 Va[. fM[Hlyi 3R.tu"Flf• f. Eplr<r ... A.fe4rr T.aJ,w Y1 Y'r 6. Fryiry[yi �rRlr1{ )uri♦ ar r�✓.ra I.rL T.a rr �.+Y w... ll.n nY nLFI/7w� re .•.. � a�/'•r'Yr rr.,n war N}�.y/1 •w .tr et4`�.I� � riaww..y 6•/.aA• .r r..w•.r..1 LrnLL, Da Lu. a.n, ra Au. u,♦ �w, Ila) ' A•,�•ryet .pal t C}} If /ya '1DaS_ �` �l ; Prop..1Y yt-af o �>L• I OuK Orr+. Dol O••....1. N i%✓ nGl ar•L/'vii.iw . t.d N.a- C-", e e. � v � 27.1 !q rx 1". t� EXISTING SITE SURVEY 01A I A' btl OAK GROVE BAPTIST Agenda Item 5 Page 6 FELLOWSHIP HALL EXPANSION FOR: Oak Grove Baptist Church 691 PRINCESS ANNE ROAD VIRGINIA BEACH, VIRGINIA, 23457 Legend: t0 E7dsltng church bu&Jng 2Q Usltng cemetery 3� 9 p -ft are° ® EAsling parsonage O5 BMV shelter © New Mowft Hal 07 Covered walk Q Re-route access clave RAM Felowship Hag expanslon NEW SITE PLAN SCAT! 1-40 OCTOBER 22, 2012 2— PRWAM BY: BARNES DESIGN GROUP, P.C. 101 K LYNNHAVEN ROAD. SURE ED. VMGHA BEA.CK VA 23452 PHONE: 757.34** 0 WWW.BARNESDESrNGRCVP.COM PROPOSED SITE LAYOUT OAK GROVE BAPTIST Agenda Item 5 Page 7 DF OUR. NP�1DN I:. RENDERING- FELLOWSHIP HALL ENTRANCE OAK GROVE BAPTIST Agenda Item 5 Page 8 OF OU,RI.?"ON� 6 O Q% N U v o a 3 ,n U N RENDERING- FELLOWSHIP HALL ENTRANCE OAK GROVE BAPTIST Agenda Item 5 Page 8 OF OU,RI.?"ON� RENDERING- FELLOWSHIP HALL SOUTH SIDE OAK GROVE BAPTIST Agenda Item 5 Page 9 LD lie Z Z til i }� C7 < w O O � V P t RENDERING- FELLOWSHIP HALL SOUTH SIDE OAK GROVE BAPTIST Agenda Item 5 Page 9 ;�� L ,:;,.�, N o 0 n z> o U > y i O ii ^^' za c �z _< Z W 15 a- .�> RENDERING- FELLOWSHIP HALL AND BREEZEWAY OAK GROVE BAPTIST Agenda Item 5 Page 10 RENDERING OAK GROVE BAPTIST Agenda Item 5 Page 11 O n <` u� R f c O N u ' ♦� L Y < N= '�W o i^+ Z w 2> A U , W m RENDERING OAK GROVE BAPTIST Agenda Item 5 Page 11 ZONING HISTORY # DATE REQUEST ACTION 1 05/09/2006 Conditional Use Permit (Alternative Residential Development) Withdrawn 02/22/2005 Conditional Use Permit (Cell Tower) Approved 08/14/2001 Conditional Use Permit (Borrow Pit) Denied 2 01/09/2001 Conditional Use Permit (Alternative Residential Development) Approved 3 10/14/1985 Conditional Use Permit (Single Family Dwelling)- Reconsidered- 08/27/1991 Approved 03/14/1988 Conditional Use Permit (Dog Kennel) Denied 4 10/27/1980 Subdivision Variance (Subdivide lot without required street frontage) Denied 5 07/13/0970 Conditional Use Permit (Campground) Denied ZONING HISTORY OAK GROVE BAPTIST Agenda Item 5 Page 12 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) Corporate Name: Oak Grove Baptist Church Virginia Beach Trustees: Marvin M. Rollins III, David S. Salmons, Johnnie N. Williams 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A F1Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes F] No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT OAK GROVE BAPTIST Agenda Item 5 Page 13 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) TBD ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. M A Marvin M. Rollins, III, Chairman Trustees Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT OAK GROVE BAPTIST Agenda Item 5 Page 14 Item #5 Oak Grove Baptist Conditional Use Permit 691 Princess Anne Road District 7 Princess Anne November 13, 2013 CONSENT An application of Oak Grove Baptist for a Conditional Use Permit (Addition to a Religious Use - Church) on property located at 691 Princess Anne Road, District 7, Princess Anne. GPIN: 23096224140000. CONDITIONS Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, "FELLOWSHIP HALL EXPANSION FOR: OAK GROVE BAPTIST CHURCH", dated October 22, 2012 and prepared by Barnes Design Group, P.C., which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the submitted floor plan and building elevation entitled, "CONSTRUCTION DRAWINGS FOR: OAK GROVE BAPTIST CHURCH", dated September 17, 2012 and prepared by Barnes Design Group, P.C. The floor plan and building elevations have been exhibited to City Council and are on file in the Planning Department. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the materials and appearance depicted on the submitted renderings entitled, "PRELIMINARY DESIGN FOR: OAK GROVE BAPTIST CHURCH", dated October 11, 2011 and prepared by Barnes Design Group, P.C. The renderings have been exhibited to City Council and are on file in the Planning Department. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval. The applicant shall obtain all necessary permits and approvals from the Health Department for any new or modified private wells and septic systems. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #5 Oak Grove Baptist Page 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 5 by consent. Barry Knight appeared before the Commission on behalf of the applicant. OF. .r ,A F N Bi� VIC ?S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROLAND COURT, LLC (Applicant & Owner), Conditional Use Permit for a commercial parking lot. 208 17th Street (GPIN 2427177240). BEACH DISTRICT. MEETING DATE: December 3, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow use and development of the subject site as a Commercial Parking Lot. The applicant used the site during this past season as a temporary commercial parking lot. Since such use is permissible for only one year, the applicant is now requesting this Use Permit, which will allow continued use of the site for a commercial parking lot. The lot, however, since it will no longer be temporary in nature, will be required to meet the standards for such lots provided for by the City Code. The applicant notes in the narrative submitted with the application that "our long term objectives are to develop a Boutique Time Share Resort" for the subject site. The applicant's intention, therefore, is to use the subject site for commercial parking until the plans and financing for the proposed development have been finalized. The subject parcel is zoned OR Oceanfront Resort. Regulations for this zoning district are provided by the Oceanfront Resort District Form -Based Code (FBC). Section 5.3.6 of the FBC requires a Conditional Use Permit for all Commercial Parking Lots. The subject site is located at 208 17th Street. The site is 75 feet wide and 130 feet deep, and is currently undeveloped with a gravel surface and no curb cut. The site was the location of the Roland Theater. Adjacent to the west of the property is a privately owned surface commercial parking lot. To the north, the property abuts a 10 -foot unimproved public right-of-way that extends from Atlantic Avenue and terminates at the subject property's western lot line. To the east is an approximately 16 -foot tall single -story commercial building. ■ Considerations: The proposed site plan for the paved commercial parking lot includes 28 parking spaces along the eastern and western lot line with one-way interior circulation, consisting of a 33 -foot wide center drive aisle. Running north to south in the center of the parcel is a swale to move stormwater south to a drain and infiltration trench. The infiltration trench spans the width of the parcel and is located within the landscaped area which extends 12 feet from the southern property line. Proposed landscaping for this site includes beach rose and live oaks. A 24 -foot wide curb cut is proposed at the center of the front property line, Roland Court, LLC Page 2 of 4 roughly 100 feet west of the intersection of 17th Street and Atlantic Avenue. To control access during hours when the lot is closed, a locked chain is proposed across the entrance. To manage waste, the applicant has proposed use of two roll-out trash cans located within the front landscaped area. Section 5.3.6 of the FBC references Section 23-58 of the City Code, which regulates Commercial Parking Lots. The regulations require paving the parking area; meeting the requirements of section 5A of the Parking Lot Landscaping Specifications and Standards; meeting the fencing requirements of Section 201(e) of the City Zoning Ordinance; using a locking maintenance -free gate at all points of ingress and egress; providing plainly visible trash receptacles; and having an attendant on site from dusk until 2:00 a.m. The applicant has proposed a parking setback of 12 feet as opposed to the Form -Based Code's prescribed form of 20 feet. To address the reduced setback, the applicant is using the Form -Based Code's Optional Forms of Development provision, and proposes to exceed the landscaping requirement; provide site amenity trash receptacles as opposed to the proposed roll out trash cans; and provide a bench within the front landscaped area for the public to use. The site plan calls out a split -rail fence following the perimeter of the parking lot and a locked chain crossing the entrance. To meet the requirements of Section 23-58 the applicant has agreed to change these elements to a maintenance free white picket fence/gate no higher than four feet in height. The site will be run by an attendant from open to one half-hour passed closing. According to code, an attendant is required to be on site between dusk and 2:00 a.m. For this parking lot, the applicant has proposed an attendant during all hours of operation. To avoid congestion, said attendant will collect the parking fee from vehicles at a point within the site that will allow the stacking of at least two vehicles without encroaching into 17th Street. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Perimeter fencing shall meet the standards of Section 201(e) of the City Zoning Ordinance. 2. Per Section 23-58 of the Code of the City of Virginia Beach, all points of ingress and egress shall be secured by a maintenance -free gate. Roland Court, LLC Page 3 of 4 3. The applicant shall provide a minimum of two trash receptacles. Said trash receptacles shall be stationary and be screened or enclosed in a resort appropriate receptacle shell. 4. Per Section 23-58 of the Code of the City of Virginia Beach, an attendant shall be on the premises from dusk until one-half hour after closing or until the last vehicle has exited the lot. 5. The hours of operation of the subject Commercial Parking Lot shall not exceed the hours of operation of public parking facilities operated by the City of Virginia Beach and located within the Oceanfront Resort District. 6. All signage shall meet the requirements of Section 23-58 of the Code of the City of Virginia Beach. 7. The front landscaping area shall be no less than 8 feet deep and shall span the entire width of the lot except for the space reserved for vehicular ingress and egress. All landscaping shall be maintained in good health. 8. To meet the requirements of the City of Virginia Beach Zoning Ordinance, the drive aisle shall be no wider than 24 feet. 9. The applicant shall provide proof of ownership acceptable to the City Attorney for the portion of the 5' x 75' alley located on the north side of the subject site that the applicant includes as part of the parking lot as shown on the submitted plan entitled T.U.P. Exhibit for Commercial Parking Lot, VSA Resorts," prepared by Gallup Surveyors and Engineers, and dated 8/1/13. Should no such proof of ownership be provided, the site plan submitted to the Development Services Center shall not include that area within the parking lot. 10. Interior Parking Lot landscaping shall consist of no less than seven trees. Landscaping located between the paved parking area and the front lot line shall consist of no fewer than fourteen shrubs and two trees. All landscaping shall be approved by the Development Services Center 11. As a pedestrian amenity, the applicant shall provide no less than one bench for public use within ten feet of the front lot line. Said bench shall be similar in form to those found in the Oceanfront Resort District. 12. The proposed entrance shall meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These standards include an entrance width of 30' at the property line and fifteen -foot turning radii. Roland Court, LLC 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 City Manager. �'�by?-Z' REACH CUP • off Stmt PxkxV in adjoining B District (0) REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS / DESCRIPTION: 208 17`h Street 8 November 13, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: ROLAND COURT, L.L.C. STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271772400000 BEACH 9,750 square feet 65 — 70 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow use and development of the site as a Commercial Parking Lot. The subject parcel is zoned OR Oceanfront Resort. Regulations for this zoning district are provided by the Oceanfront Resort District Form -Based Code (FBC). Section 5.3.6 of the FBC requires a Conditional Use Permit for all Commercial Parking Lots. The subject site is located at 208 17th Street. The site is 75 feet wide by 130 feet deep, and is currently undeveloped with a gravel surface and no curb cut. Adjacent to the west of the property is a privately owned surface commercial parking lot. To the north, the property abuts a 10 -foot unimproved public right- of-way that extends from Atlantic Avenue and terminates at the subject property's western lot line. To the east is an approximately 16 -foot tall single -story commercial building. To the south, the property fronts on 17th Street. The proposed site plan for the paved commercial parking lot includes 28 90 -degree parking spaces along the eastern and western lot line with one-way interior circulation, which is facilitated by a 33 -foot wide center drive aisle. Running north to south in the center of the parcel is a swale to move stormwater south to a drain and infiltration trench. The infiltration trench spans the width of the parcel and is located within the landscaped area which extends 12 feet from the southern property line. Proposed landscaping for this site includes beach rose and live oaks with a split -rail fence bordering the site. ROLAND COURT, L.L.C. Agenda Item 8 Page 1 A 24 -foot wide curb cut is proposed at the center of the front property line, roughly 100 feet west of the intersection of 17th Street and Atlantic Avenue. To control access during hours when the lot is closed, a locked chain is proposed across the entrance. To manage waste, the applicant has proposed use of two roll-out trash cans located within the front landscaped area. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Commercial / OR Oceanfront Resort USE AND ZONING: South: . Commercial / OR Oceanfront Resort East: . Commercial / OR Oceanfront Resort West: . Parking / OR Oceanfront Resort NATURAL RESOURCE AND CULTURAL FEATURES: The site is flat, open, and covered in gravel and sparse grass. 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. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: In the vicinity of this application, 17"' Street is a 4 -lane minor urban arterial within an 80 -foot right-of-way. West of Pacific Avenue, 17th Street becomes Virginia Beach Boulevard. The City's Master Transportation Plan (MTP) indicates an ultimate right-of-way width of 100 feet for the portion of Virginia Beach Boulevard west of Pacific Avenue; however, this portion of 17th Street is not included in the MTP There are no Roadway CIP projects currently scheduled for this portion of 17th Street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 17 Street 32,869 ADT 26,300 ADT (Level of Existing Zoning — 500 Service "C") - 48,200 ADT ADT Level of Service "E" Existinq Land Use 3 - 0 ROLAND COURT, L.L.C. Agenda Item 8 Page 2 WATER & SEWER: City water and sewer are available. EVALUATION AND RECOMMENDATION The subject parcel is zoned OR Oceanfront Resort; regulations for this zoning district are provided by the Oceanfront Resort District Form -Based Code (FBC). Section 5.3.6 of the FBC references Section 23-58 of the Code of the City of Virginia Beach for regulations for Commercial Parking Lots. The regulations require paving the parking area; meeting the requirements of section 5A of the Parking Lot Landscaping Specifications and Standards; meeting the fencing requirements of Section 201(e) of the City Zoning Ordinance; using a locking maintenance -free gate at all points of ingress and egress; providing plainly visible trash receptacles; and having an attendant on site from dusk until 2:00 a.m. The submitted site plan incorporates a 5 -foot deep by 150 -foot wide parcel/alley adjacent to the north of the subject site. Currently, without proof of ownership or a lease agreement from the applicant, the proposed development will need to take place within the subject site of 208 17th Street, outside the alley. Altering the site plan to fit the parking spaces within the subject site will result in the loss of two parking spaces.This will reduce the total number of parking spaces to 22 spaces. The site plan includes a drive aisle 33 feet in width. The maximum drive aisle width per the City of Virginia Zoning Ordinance is 24 feet. The applicant will need to reduce the drive aisle width to meet this maximum. This will result in an additional nine feet of lot width that should be left unpaved and permeable. The applicant has proposed a parking setback of 12 feet as opposed to the prescribed form of 20 feet. As an Optional Form, the applicant will exceed the landscaping requirement; provide site amenity trash receptacles as opposed to the proposed roll out trash cans; and will provide a bench within the front landscaped area for the public to use. The site plan calls out a split -rail fence following the perimeter of the parking lot and a locked chain crossing the entrance. To meet the requirements of Section 23-58 the applicant has agreed to change these elements to a maintenance free white picket fence/gate no higher than four feet in height. The site will be run by an attendant from open to one half-hour passed closing. According to code, an attendant is required to be on site between dusk and 2:00 a.m. For this parking lot, the applicant has proposed an attendant during all hours of operation. To avoid congestion, said attendant will collect,the ROLAND°COURT, L.L.C. Agenda Idem 8 Page 3 ADT Proposed Land Use — It is not possible to quantify the number of trips generated by a commercial parking lot Average Daily Trips 2 as defined by 0.258 Acres Zoned OR Sas defined by an undeveloped lot WATER & SEWER: City water and sewer are available. EVALUATION AND RECOMMENDATION The subject parcel is zoned OR Oceanfront Resort; regulations for this zoning district are provided by the Oceanfront Resort District Form -Based Code (FBC). Section 5.3.6 of the FBC references Section 23-58 of the Code of the City of Virginia Beach for regulations for Commercial Parking Lots. The regulations require paving the parking area; meeting the requirements of section 5A of the Parking Lot Landscaping Specifications and Standards; meeting the fencing requirements of Section 201(e) of the City Zoning Ordinance; using a locking maintenance -free gate at all points of ingress and egress; providing plainly visible trash receptacles; and having an attendant on site from dusk until 2:00 a.m. The submitted site plan incorporates a 5 -foot deep by 150 -foot wide parcel/alley adjacent to the north of the subject site. Currently, without proof of ownership or a lease agreement from the applicant, the proposed development will need to take place within the subject site of 208 17th Street, outside the alley. Altering the site plan to fit the parking spaces within the subject site will result in the loss of two parking spaces.This will reduce the total number of parking spaces to 22 spaces. The site plan includes a drive aisle 33 feet in width. The maximum drive aisle width per the City of Virginia Zoning Ordinance is 24 feet. The applicant will need to reduce the drive aisle width to meet this maximum. This will result in an additional nine feet of lot width that should be left unpaved and permeable. The applicant has proposed a parking setback of 12 feet as opposed to the prescribed form of 20 feet. As an Optional Form, the applicant will exceed the landscaping requirement; provide site amenity trash receptacles as opposed to the proposed roll out trash cans; and will provide a bench within the front landscaped area for the public to use. The site plan calls out a split -rail fence following the perimeter of the parking lot and a locked chain crossing the entrance. To meet the requirements of Section 23-58 the applicant has agreed to change these elements to a maintenance free white picket fence/gate no higher than four feet in height. The site will be run by an attendant from open to one half-hour passed closing. According to code, an attendant is required to be on site between dusk and 2:00 a.m. For this parking lot, the applicant has proposed an attendant during all hours of operation. To avoid congestion, said attendant will collect,the ROLAND°COURT, L.L.C. Agenda Idem 8 Page 3 parking fee from vehicles at a point within the site that will allow the stacking of at least two vehicles without encroaching into 17th Street. For the reasons above, staff recommends approval of this Conditional Use Permit for a Commercial Parking Lot contingent to the conditions listed below: CONDITIONS 1. Perimeter fencing shall meet the standards of Section 201(e) of the City Zoning Ordinance. 2. Per Section 23-58 of the Code of the City of Virginia Beach, all points of ingress and egress shall be secured by a maintenance -free gate. 3. The applicant shall provide a minimum of two trash receptacles. Said trash receptacles shall be stationary and be screened or enclosed in a resort appropriate receptacle shell. 4. Per Section 23-58 of the Code of the City of Virginia Beach, an attendant shall be on the premises from dusk until one-half hour after closing or until the last vehicle has exited the lot. 5. The hours of operation of the subject Commercial Parking Lot shall be consistent with the hours of operation of public parking facilities operated by the City of Virginia Beach and located within the Oceanfront Resort District. 6. All signage shall meet the requirements of Section 23-58 of the Code of the City of Virginia Beach. 7. The front landscaping area shall be no less than 8 feet deep and shall span the entire width of the lot except for the space reserved for vehicular ingress and egress. All landscaping shall be maintained in good health. 8. To meet the requirements of the City of Virginia Beach Zoning Ordinance, the drive aisle shall be no wider than 24 feet. 9. Proof of ownership is required for the portion of the 5'x75' alley located on the north side of the subject site. Should no such proof of ownership be provided, the site plan submitted to the Development Services Center shall not include that area within the parking lot. 10. Interior Parking Lot landscaping shall consist of no less than seven trees. Landscaping located between the paved parking area and the front lot line shall consist of no fewer than fourteen shrubs and two trees. All landscaping shall be approved by the Development Services Center 11. As a pedestrian amenity, the applicant shall provide no less than one bench for public use within ten feet of the front lot line. Said bench shall be similar in form to those found in the Oceanfront Resort District. 12. The proposed entrance shall meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These standards include an entrance width of 30' at the property line and fifteen -foot turning radii. ROLAND°COURT, L.L.C. Agenda It 8 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ROLAND-COURT, L.-L.C. Agenda Itn 8 Page 5 AERIAL OF SITE LOCATION AND SITE PHOTO ROLAND COURT, L.L.C. Agenda Item 8 Page 6 PROPOSED SITE PLAN Gfl' ROLAND COURT, L.L.C. Agenda Item 8 Page 7 i 'a pp iR; a 5!�pp 'ggyQ OF �U YIN. i t— z g F pp} 5 3 A!} � Si}ge SE �;} Y�il3a WI 1 A J 65� Oil o a eoaaE .•91i° , kl�€ xA �S• t 1 } i 6ySe�7 885 6 �5§ 8 R E i{6}e eF �py.� } P MI iai9�;� 4Qat� E -j pin ye i a. 5 "s S�o.9 i a i Y q f. _—— — — — — — —— — —�� I I - (Y/m •OB) 3nN3nv odNtluv I I 1 I I = I an e } I Ila fi � I I J, PROPOSED SITE PLAN Gfl' ROLAND COURT, L.L.C. Agenda Item 8 Page 7 " OF �U YIN. i( PROPOSED SITE PLAN �N1A-BEA ROLAND COURT, L.L.C. Agenda Item 8 Page 8 J OF O R NAYION.I( Rn t+ RARKLOROS won, tlWM :e .. x•r:_1nswrec 'T ",.P. eOAPORAlg1 Da 7•'A P. )h• tlM. t•I•-!)-: •:: SOLD. eCLAMRO+) Rl Vfllf (ell) A• ).1)-1)_431) lr SeNED 0O(.N/ ' RESM (OR) �' )O• DRIVE(4e CPw. N: -SW SO•[lt OMAWWOI) MORT (OR) I '\ r � M.v w r++ )Dr LAN E • 6 u't lam � ' I I L.•uR•vo .+vt^to 1I 010= 10.K. U.. N nor n PROPOSED Cfr7 CLOOM ( I cl PROPOSED ASPHALT PAWING LOT , PROPOSED I �R LIVE OAK " A (TYP.) Mn M l2 RRLAYS •� R[reCM.ABLE t u1Rc )R,eT ,- aa OeW I )N w »-l)-S)SO 1 E7 ., ,.. )ephl7N�ty�.... aw )• -)-e)» 2aHto- O_•tI,MROM RESORT te.! 1 , SONtO: oaAM4'J" RSORt (W M1ERM LOT lrE AS jit �1 l flfOW Rl YJ 1 P. I] ()W) PROPOSED f NOH A RAIL fLHOE-7-T T➢. I. PROPOSED RW WXTRATON WMICH I I 1 PROPOSED `\ atop Od 7RAV CONTAP'" PRDPOSED _m aw 1318 • r. ._ BEACH ROSE . .- .-r Ll I I 17th STREETI(80' I R/W) I I I I r : F ;=" I I --0---4------L------�-i-------L - - - - - PROPOSED SITE PLAN �N1A-BEA ROLAND COURT, L.L.C. Agenda Item 8 Page 8 J OF O R NAYION.I( 6 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) Roo and Court, LLC : OtrCM: Lori Ov*O)Ok - Pf8SkW lTroasuarer, Maack R Wd - VPrSevretary, mictwot Gerson - VP a 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach bst if necessary) FF8, LLC; Vadat on Saves Associates. L.L.C. VSA Management Corp Atrium {??where AssoClatbn: Crean Key Ownesr& Association; t)oean Sada Owners Association Check here if the applicant is NOT a corporation, partnership. fiat+, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comptete this section only if property owner is different fmm applicant. If the property owner is a corporation, partnership, firm, business, or other uninmrporated organ"bon, compute the fallowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach 1W if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach lief if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 6 See next page for footnotes Does an official oree of lbft City of Virginia Beach have an interest in the subject land? Yes ogNo If yes, what is the name of the official or employee and the mature of their interest? DISCLOSURE STATEMENT ROLANDICOURT, L.t.C. Agenda It 8 Page 10 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services; (Attach list if necessary) Gallup Surveyor's and Engineer's, David Buller PA Paving, Donny Jonas C 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting pourer 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 otter business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities," See Slate 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 nolific *on (postcard) that the application has been scheduled for public hearing, l am responsible for obtain" 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 pae uc W. The underrxtned also consents to entry upon the subject property by employees of the Department of Plarming to photograph and view the site for purposes of processing and evaluating this applicati �on. �0 r I t✓ ver,,off Applicant nature -�( t d Vl+,.JeX I CUI 'r7 f4appe Property Owners Signature (if dMerent than applicant) Print Name DISCLOSURE STATEMENT ROLAND-COURT, L.L.C. Agenda Item 8 Page 11 Item #8 Roland Court, L.L.C. Conditional Use Permit 20817 th Street District 6 Beach November 13, 2013 CONSENT An application of Roland Court, L.L.C. for a Conditional Use Permit (Commercial Parking Lot) on propery located at 208 17th Street, District 6, Beach. GPIN: 24271772400000. CONDITIONS 1. Perimeter fencing shall meet the standards of Section 201(e) of the City Zoning Ordinance. 2. Per Section 23-58 of the Code of the City of Virginia Beach, all points of ingress and egress shall be secured by a maintenance -free gate. 3. The applicant shall provide a minimum of two trash receptacles. Said trash receptacles shall be stationary and be screened or enclosed in a resort appropriate receptacle shell. 4. Per Section 23-58 of the Code of the City of Virginia Beach, an attendant shall be on the premises from dusk until one-half hour after closing or until the last vehicle has exited the lot. 5. The hours of operation of the subject Commercial Parking Lot shall be consistent with the hours of operation of public parking facilities operated by the City of Virginia Beach and located within the Oceanfront Resort District. Per Section 23-58 of the Code of the City of Virginia Beach, the parking lot shall operate no later than 2:00 a.m. and shall open no earlier than 5:00 a.m. 6. All signage shall meet the requirements of Section 23-58 of the Code of the City of Virginia Beach. The front landscaping area shall be no less than 8 feet deep and shall span the entire width of the lot except for the space reserved for vehicular ingress and egress. All landscaping shall be maintained in good health. 8. To meet the requirements of the City of Virginia Beach Zoning Ordinance, the drive aisle shall be no wider than 24 feet. Item # 8 Roland Court, LLC Page 2 9. Proof of ownership is required for the portion of the 5'x75' alley located on the north side of the subject site. Should no such proof of ownership be provided, the site plan submitted to the Development Services Center shall not include that area within the parking lot. 10. Interior Parking Lot landscaping shall consist of no less than seven trees. Landscaping located between the paved parking area and the front lot line shall consist of no fewer than fourteen shrubs and two trees. All landscaping shall be approved by the Development Services Center 11. As a pedestrian amenity, the applicant shall provide no less than one bench for public use within ten feet of the front lot line. Said bench shall be similar in form to those found in the Oceanfront Resort District. 12. The proposed entrance shall meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These standards include an entrance width of 30' at the property line and fifteen -foot turning radii. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 8 by consent. u H irk, 'off 0 CL L CL tiZ, S c° f� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEST BUY WHEELS (Applicant) / ALKIVIADU MAGRIPLIS (Owner), Conditional Use Permit for a bulk storage yard. 1740 Virginia Beach Boulevard (GPIN 2407753989). COUNCIL DISTRICT - BEACH. MEETING DATE: December 3, 2013 ■ Background: The applicant is requesting a Conditional Use Permit for an existing bulk storage yard located on the rear portion of the subject parcel. Automobile service has been located on this site since a Conditional Use Permit was granted to Virginia Beach Body Works on November 12, 1973. On January 9, 2009, an APZ-1 Permit was approved for the sale and display of new and used automobiles. Due to the site's location within Accident Potential Zone 1, Section 1809 of the City Zoning Ordinance allows the Planning Director to approve, through an abbreviated process that includes public notification, certain uses that typically would require a Conditional Use Permit from the City Council. The approval of this APZ-1 Permit had two conditions: 1. The site shall be re -developed and landscaped substantially in accordance with the submitted "PRELIMINARY SITE PLAN OF 1744 VIRGINIA BEACH BOULEVARD FOR ALKIVAIDIS MAGRIPLIS", dated 9/30/28 and prepared by John E. Sirine and Associates. This shall be accomplished before the business license is approved. 2. Parking spaces and display area spaces must be clearly delineated in the parking lot in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicle shall be parked within any portion of the public right-of-way. ■ Considerations: The improvements required as part of the 2009 APZ-1 Permit included enhanced landscaping along Virginia Beach Boulevard and the installation of curb and gutter; however, based on a staffs visit to the site as part of the evaluation of this Use Permit request, staff noted that the conditions have not been met. Additionally, staff cannot find a valid business license for automobile sales for the applicant at this site. The subject is occupied by a one-story, cinder -block building containing 2,630 square feet of floor area. The building has 497 square feet for the vehicle sales Best Buy Wheels Page 2of4 office and 2,133 square feet for vehicle repair. The rear portion of the site is a gravel lot that is currently being used to store vehicles and containers. The applicant was unaware of the need for a Conditional Use Permit for bulk storage. In response to a Notice of Violation from the Zoning Office, dated March 25, 2013, regarding the storage of vehicles on the property, the applicant submitted a Conditional Use Permit application for bulk storage on the site. There is a six-foot high chain-link fence surrounding the rear portion of the lot and barbed wire has been placed on top of the fencing along the east and rear (north) property lines. The vehicles are stored in this area until they are ready to be sold, at which time they are moved to the front portion of the site and displayed in the designated sales areas. The application states that there are three employees with hours of operation as 10 a.m. to 6 p.m. on Monday through Friday and 11 a.m. to 5 p.m. on Saturday. While the current use of the site and the building layout are not what the Hilltop SGA Master Plan envisions, the use is consistent with existing conditions and land use in the area, and is appropriate until such time that market conditions force change in this area. Thus, the use is generally consistent with the Comprehensive Plan's land use policies regarding compatible development. Several automobile -related Conditional Use Permits have been granted in the vicinity of the subject site, including bulk storage yards, automobile repair garages, and automobile sales. Given the location of the site in the highest AICUZ and Accident Potential Zone -1, industrial uses such as automobile repair and storage yards are appropriate. The existing gravel surface in the area of the site designated as the bulk storage yard is permitted subject to approval by the City's Building Official. Section 228 of the City Zoning Ordinance provides the standards for bulk storage yards. One of the standards requires the installation of Category VI screening around the entire bulk storage yard, except for necessary openings for ingress and egress. Category VI screening consists of a solid fence, not less than six feet in height, with shrubs planted on the exterior side of the fence in a planting bed not less than six feet in width. The existing chain link and barbed wire fence currently enclosing the bulk storage yard does not meet that standard. Accordingly, Condition 4 is recommended to address this issue. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-1, recommends denial of this request to the City Council. The applicant was not present at the public hearing to respond to questions that the commissioners had regarding why the site improvements had not been installed as required by the 2009 Permit. The application had been deferred by the Planning Commission at Best Buy Wheels Page 3 of 4 the Commission's September meeting due to the applicant's failure to properly post the required Public Notice sign. If the City Council determines that approval of the application is appropriate, Planning staff recommends the following conditions: All conditions of the APZ-1 Permit for automobile sales, issued on January 9, 2009, shall remain in effect. 2. A site plan shall be submitted to the Development Services Center to ensure all improvements as shown on the plan approved as a condition of the APZ-1 Permit referenced above in Condition 1 are completed. Said site plan shall include any additional site improvements required by the conditions below as well as those required by all applicable City ordinances and standards. 3. Barbed wire shall be prohibited and shall be removed from the site where it currently exists. 4. Consistent with the screening and buffering requirements for bulk storage yards as set forth by Section 228 of the City of Virginia Beach Zoning Ordinance, the existing chain link fencing shall be removed and replaced with a solid fence, not less than six (6) feet in height. Vegetation meeting the Category VI screening requirement shall be planted along the exterior of the fence surrounding the bulk storage yard. 5. The use of a gravel surface in the area designated for the bulk storage yard shall be allowed subject to the approval of the Building Official. 6. There shall be no outside storage of equipment, parts, or materials visible from the public right-of-way. 7. Any vehicle stored on site shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival on site. No wrecked vehicle shall remain on the site for more than five business days. 8. Storage of containers shall only be permitted on the rear portion of the bulk storage yard in an orderly manner as specified on the submitted plan entitled, "PLAN OF PROPERTY LOCATED AT OCEANA FOR ALKIVIADIS ANDREAS MAGRIPLIS AND EFTIHIA A. MAGRIPLIS", dated August 20, 2008. 9. 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 Best Buy Wheels Page 4of4 height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manager: 14 , v6 6EACM REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 1740 Virginia Beach Boulevard November 13, 2013 Public Hearing APPLICANT: BEST BUY WHEELS PROPERTY OWNER: ALKIVIADIS MAGRIPLIS STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24077539890000 BEACH 29,841 square feet Greater than 75 dB DNL, APZ-1 APPLICATION HISTORY: This application was deferred by the Planning Commission on October 9 due to the failure of the applicant to properly post the required public notice sign. BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for an existing bulk storage yard located on the rear portion of the subject parcel. Automobile service has been located on this site since a Conditional Use Permit was granted to Virginia Beach Body Works on November 12, 1973. On January 9, 2009, an APZ-1 Permit was approved for the sale and display of new and used automobiles. Due to the site's location within Accident Potential Zone 1, Section 1809 of the City Zoning Ordinance allows the Planning Director to approve, through an abbreviated process that includes public notification, certain uses that typically would require a Conditional Use Permit from the City Council. The approval of this APZ-1 Permit had two conditions: 1. The site shall be re -developed and landscaped substantially in accordance with the submitted "PRELIMINARY SITE PLAN OF 1744 VIRGINIA BEACH BOULEVARD FOR ALKIVAIDIS MAGRIPLIS", dated 9/30/28 and prepared by John E. Sirine and Associates. This shall be accomplished before the business license is approved. BEST BUY WHEELS Agenda Item D5 Page 1 Buyr l i AV 'iaC F� ` A REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 1740 Virginia Beach Boulevard November 13, 2013 Public Hearing APPLICANT: BEST BUY WHEELS PROPERTY OWNER: ALKIVIADIS MAGRIPLIS STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24077539890000 BEACH 29,841 square feet Greater than 75 dB DNL, APZ-1 APPLICATION HISTORY: This application was deferred by the Planning Commission on October 9 due to the failure of the applicant to properly post the required public notice sign. BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for an existing bulk storage yard located on the rear portion of the subject parcel. Automobile service has been located on this site since a Conditional Use Permit was granted to Virginia Beach Body Works on November 12, 1973. On January 9, 2009, an APZ-1 Permit was approved for the sale and display of new and used automobiles. Due to the site's location within Accident Potential Zone 1, Section 1809 of the City Zoning Ordinance allows the Planning Director to approve, through an abbreviated process that includes public notification, certain uses that typically would require a Conditional Use Permit from the City Council. The approval of this APZ-1 Permit had two conditions: 1. The site shall be re -developed and landscaped substantially in accordance with the submitted "PRELIMINARY SITE PLAN OF 1744 VIRGINIA BEACH BOULEVARD FOR ALKIVAIDIS MAGRIPLIS", dated 9/30/28 and prepared by John E. Sirine and Associates. This shall be accomplished before the business license is approved. BEST BUY WHEELS Agenda Item D5 Page 1 2. Parking spaces and display area spaces must be clearly delineated in the parking lot in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicle shall be parked within any portion of the public right-of-way. Proposed improvements to the site included enhanced landscaping along Virginia Beach Boulevard and the installation of curb and guttering; however, based on a recent field visit to the site, these conditions have not been met. Additionally, staff cannot find a valid business license for automobile sales for the applicant at this site. The subject site is zoned B-2 Commercial Business District and is occupied by a one-story, cinder -block building containing 2,630 square feet of floor area. The building has 497 square feet for the vehicle sales office and 2,133 square feet for vehicle repair. The rear portion of the site is a gravel lot that is currently being used to store vehicles and containers. The applicant was unaware of the need for a Conditional Use Permit for bulk storage. In response to a Notice of Violation from the Zoning Office, dated March 25, 2013, pertaining to the storage of vehicles on the property, the applicant submitted a Conditional Use Permit application for bulk storage on the site. There is a six-foot high chain-link fence surrounding the rear portion of the lot and barbed wire has been placed on top of the fencing along the east and rear (north) property lines. The vehicles are stored in this area until they are ready to be sold, at which time they are moved to the front portion of the site and displayed in the designated sales areas. The application states that there are three employees with hours of operation as 10 a.m. to 6 p.m. on Monday through Friday and 11 a.m. to 5 p.m. on Saturday. The required parking for the automobile sales is located along the west side of the building. The areas in front and along the west property line adjacent to the building are dedicated to displaying vehicles for sale. Plant material on the site consists of a few shrubs along Virginia Beach Boulevard, as well as some vegetation at the base of the monument sign at the southwest corner of the property. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Sale and repair of new and used automobiles; storage of vehicles and containers. SURROUNDING LAND North: . Office -Warehouse Use / B-2 Community Business District USE AND ZONING: South: 0 Virginia Beach Boulevard • Automobile Sales and Servicing / B-2 Community Business District East: . Commercial Office Space / B-2 Community Business District West: . Motel and Apartments / B-2 Community Business District NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed. There CULTURAL FEATURES: are no significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Urban Area - BEST BUY WHELS Agenda Iten' D5 Page 2 Hilltop Strategic Growth Area (SGA 7). The Hilltop SGA Master Plan was adopted as a Comprehensive Plan amendment on August 28, 2012, and is the guiding planning and land use document for this area. The Hilltop SGA is designated as an area for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and the 1-264/First Colonial Road interchange. The current use of the site as well as the site design is not consistent with the Comprehensive Plan's land use and planning policies regarding compatible development as well as the vision for this area of the Hilltop SGA. The current use, however, is in keeping with that of the surrounding area. IMPACT ON CITY SERVICES TRAFFIC: As per Public Works Standards, curb and gutter and a commercial entrance must be installed for this site to bring it up to current standards for safety and access management. WATER: This site is currently connected to City water. There is an existing 12 -inch City water line in Virginia Beach Boulevard. The existing 1 -inch meter (City ID #95049548) can be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to City sanitary sewer. There are two existing eight -inch City gravity sanitary sewer mains in Virginia Beach Boulevard. Analysis of Pump Station #262 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: No Comments. EVALUATION AND RECOMMENDATION On January 9, 2009, an APZ-1 Permit was granted for the sale and display of new and used automobiles. Staff recently inspected the site, and found that the conditions of the APZ-1 Permit have not been met. Accordingly, the improvements required by those conditions must be completed, and the recommended conditions below reiterate that requirement. The current request is for a Conditional Use Permit for bulk storage pertains to use of the rear portion of the 29,841 square foot site, zoned B-2 Commercial Business District, for the storage of vehicles and storage containers. The vehicles stored on the site will consist of new and used automobiles that are being prepared for sale on the front portion of the lot in the areas that were designated as display areas per the site plan conditioned with the 2009 APZ-1 Permit. While the use and the current site and building layout are not what the Hilltop SGA Master Plan envisions, the use is consistent with existing conditions and land use in the area, and is appropriate until such time that market conditions force change in this area. Thus, the use is generally consistent with the Comprehensive Plan's land use policies regarding compatible development. Several automobile -related Conditional Use Permits have been granted in the vicinity of the subject site, including bulk storage yards, BEST BUY WHEELS Agenda Item D5 Page 3 automobile repair garages, and automobile sales. Given the location of the site in the highest AICUZ and Accident Potential Zone -1, industrial uses such as automobile repair and storage yards are appropriate. The existing gravel surface in the area of the site designated as the bulk storage yard is permitted subject to approval by the City's Building Official. Section 228 of the City Zoning Ordinance provides the standards for bulk storage yards. One of the standards requires the installation of Category VI screening around the entire bulk storage yard, except for necessary openings for ingress and egress. Category VI screening consists of a solid fence, not less than six feet in height, with shrubs planted on the exterior side of the fence in a planting bed not less than six feet in width. The existing chain link and barbed wire fence currently enclosing the bulk storage yard does not meet that standard. Accordingly, Condition 4 is being recommended to address this issue. Staff recommends approval of the applicant's request, subject to the conditions listed below. CONDITIONS 1. All conditions of the APZ-1 Permit for automobile sales, issued on January 9, 2009, shall remain in effect. 2. A site plan shall be submitted to the Development Services Center to ensure all improvements as shown on the plan approved as a condition of the APZ-1 Permit referenced above in Condition 1 are completed. Said site plan shall include any additional site improvements required by the conditions below as well as those required by all applicable City ordinances and standards. 3. Barbed wire shall be prohibited and shall be removed from the site where it currently exists. 4. Consistent with the screening and buffering requirements for bulk storage yards as set forth by Section 228 of the City of Virginia Beach Zoning Ordinance, the existing chain link fencing shall be removed and replaced with a solid fence, not less than six (6) feet in height. Vegetation meeting the Category VI screening requirement shall be planted along the exterior of the fence surrounding the bulk storage yard. 5. The use of a gravel surface in the area designated for the bulk storage yard shall be allowed subject to the approval of the Building Official. 6. There shall be no outside storage of equipment, parts, or materials visible from the public right- of-way. 7. Any vehicle stored on site shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival on site. No wrecked vehicle shall remain on the site for more than five business days. Storage of containers shall only be permitted on the rear portion of the bulk storage yard in an orderly manner as specified on the submitted plan entitled, "PLAN OF PROPERTY LOCATED AT OCEANA FOR ALKIVIADIS ANDREAS MAGRIPLIS AND EFTIHIA A. MAGRIPLIS", dated BEST BUY WHEELS Agenda Item,', D5 Page 4 August 20, 2008. 9. 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 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BEST BUY WHEELS Agenda Item D5 Page 5 w�viM'l11tLIMl wOTxf wW661,E RJIpi06 wQ.vT d � > MTGStN,IEM�V'fRT. Mf)fY MdmTYIK6M� �EMFY,6 •���I �ia1 �.wrmewvmieurcr �+r 1 STORAL,E cc* TA1r1F�cS LACIMY PARCEL e i 8 j f 1 �NFIF1t51-�EI> �hRS �: )1 n I nrs•nrc'v,n rcn, "" s cnD�nD,D— VIRGINIA BEACH BOULEVARD src�.wwExiDM ax+ PRYS!CAL SURVEY OF PARCE DESIGNATED AS "LACKEY, AS SHOW4 ON PLATEN 1TLED. "PLAN OF PROPERTY LOCATED AT OCEVW FOR u n no A�VIADIS ANDREAS MAGRIPLIS ANO EFTIHIAA MAGRIPLIS VIHGNIA BELCH. VIRGINIA ANN E. SANE AND ASSOQATES, LTD. Ai=.Pass Grrum.w.u�ix nT!'C�RDV vwfi.W 1E.. ,. nuDt'i PROPOSED SITE LAYOUT NLA BF BEST BUY WHEELS Agenda Item D5,,,, Page 7 .z .01 4 S, jD � OUR' A ��144 ¢ j Lu z a 1 U N � j. y W ' Za ONINOZ z N (a 'd 'N a 'N (*IS d Y[at . V 'N a 0 � Z' a )IMNIO 'd MYRDIM AIN3MR0d b0 MON q_ gR o iX Z o� � OZ o z �. o= „ t Na v a `�i a Lzi a o Cf 1 w J W 4 `cl:LLJ� CL ® Ui y g. view "0 Q O (� a>4.0 ju Ln 0 m n VAN Irl 0 ! Z ce 0:i 0 Lu af V311v Ada AVldSIO o0 CL a0 i 80Ba 8&nff < �Z�� Za 9NINOZ $ U N a 0 N= m 2 'd m a vU (cee d tvn a o) a Z z N o LVd 'I tIVYVlUILILOI Altl3NIM0� a0 MON g o a a w o< a CL a APPROVED SITE PLAN (JANUARY 9, 2009) BEST.BUY WHEELS Agenda Item D5 :y Page 8' �•f.S _ e.��e 5 F L OUR NATN ,H{ �di ZONING HISTORY # DATE REQUEST ACTION 1 03/10/2009 Conditional Use Permit (Automobile Sales and Services/Bulk Storage) Approved 2 01/09/2009 APZ Automobile Sales and Services Approved 3 12/14/2004 Conditional Use Permit (Automobile Service Station) Approved 4 08/24/2004 Conditional Use Permit (Motor Vehicle Sales) Approved 5 08/28/2001 Conditional Use Permit (Automobile Repair) Aroved 6 11/13/2001 Conditional Use Permit (Tattoo Parlor/Body Piercing) Denied 7 11/09/1999 Conditional Use Permit (Motor Vehicle Sales) Approved 8 09/08/1998 Conditional Use Permit (Bulk Storage) Approved 9 02/25/1985 Conditional Use Permit (Bulk Storage) Approved 10 11/12/1973 Conditional Use Permit (Auto Service) Approved r' �r11A' B CA BEST BUY WHEELS Agenda Item D5 Page 9 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. F List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) L_ti 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) -5\ ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes i 1 j1 J l t M 0 40 F M Does an official or employee of the City of Virginia Beach have an interest in the M subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? ►. DISCLOSURE STATEMENT BEST BUY WHE LS , "Oenda Item D5 Page 10 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. b ; Applicant's Signature Print NoWe k 11/ k i v oil DO Y" I l�G i21 r�U1 Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT BEST13UY WHET LS Agenda Item' D5 Page 11 Item #D5 Best Buy Wheels Conditional Use Permit 1740 Virginia Beach Boulevard District 6 Beach November 13, 2013 REGULAR An application of Best Buy Wheels for a Conditional Use Permit (Bulk Storage Yard) on property located at 1740 Virginia Beach Boulevard, District 6, Beach. GPIN: 24077539890000. CONDITIONS All conditions of the APZ-1 Permit for automobile sales, issued on January 9, 2009, shall remain in effect. 2. A site plan shall be submitted to the Development Services Center to ensure all improvements as shown on the plan approved as a condition of the APZ-1 Permit referenced above in Condition 1 are completed. Said site plan shall include any additional site improvements required by the conditions below as well as those required by all applicable City ordinances and standards. 3. Barbed wire shall be prohibited and shall be removed from the site where it currently exists. 4. Consistent with the screening and buffering requirements for bulk storage yards as set forth by Section 228 of the City of Virginia Beach Zoning Ordinance, the existing chain link fencing shall be removed and replaced with a solid fence, not less than six (6) feet in height. Vegetation meeting the Category VI screening requirement shall be planted along the exterior of the fence surrounding the bulk storage yard. 5. The use of a gravel surface in the area designated for the bulk storage yard shall be allowed subject to the approval of the Building Official. 6. There shall be no outside storage of equipment, parts, or materials visible from the public right-of-way. 7. Any vehicle stored on site shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival on site. No wrecked vehicle shall remain on the site for more than five business days. Item #D5 Best Buy Wheels Page 2 8. Storage of containers shall only be permitted on the rear portion of the bulk storage yard in an orderly manner as specified on the submitted plan entitled, "PLAN OF PROPERTY LOCATED AT OCEANA FOR ALKIVIADIS ANDREAS MAGRIPLIS AND EFTIHIA A. MAGRIPLIS", dated August 20, 2008. 9. 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 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. A motion was made by Bob Thornton and seconded by Jeff Hodgson to deny the application. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS NAY REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 10-1, the Commission denied item D5. There was no representative on this item. Item -VI -J.4 PLANNING -79 - ITEM 461826 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED AS PROFFERED, BY CONSENT, Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and I-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use (DISTRICT 7 - PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use (GPINs1484994767; 1484994491; 1484899851; 1484993900) DISTRICT 7 - PRINCESS ANNE An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E. Diezel, Barbara M. Henley, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Vice Mayor Louis R. Jones April 24, 2012 u S S' Ira S �, kWv� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (Applicant) / SOUTHGATE COMMONS, LLC (Owner), Modification of a Conditional Rezoning, approved on 4/24/13. Property is located on the south side of Princess Anne Road approximately 400 feet southeast of Landstown Centre Way (GPIN 1484997280). PRINCESS ANNE DISTRICT. MEETING DATE: December 3, 2013 ■ Background: On April 24, 2012, City Council approved a Change of Zoning from AG -1 & AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial. That zoning change proffers the development of a 28.2 -acre site for retail and office uses, as well as a rehabilitation center. The approved development as proffered consists of six parcels, with access to those parcels provided by a new roadway (Landstowne Center Way) intersecting Princess Anne Road at the entrance to the Landstown Commons Shopping Center. The Conditional Zoning Agreement consists of separate sections of proffers that apply to a specific parcel or all of the parcels, depending on the particular use as well as site and building design The site layout proffered with the 2012 zoning change depicted Parcel 1 and Parcel 2 with 6 commercial buildings with a total floor area of 69,800 square feet (SF) of potential retail space. The proffered design for the buildings adjacent to Princess Anne Road provides for both the parking lot side and the Princess Anne Road side to be a `front' fagade. The design also provides outdoor seating areas between each building. Parcel 1 is currently under construction as proffered. ■ Considerations: Parcel 2 is the subject of this request for a Modification of Proffers. The applicant's requested modification is to develop the site with a three-story office building instead of the four commercial buildings. To develop the site as the applicant proposes, the proffers applicable to Parcel 2 as well as the proffers applicable to the complete site must be modified. In lieu of the four commercial buildings proposed for Parcel 2, the applicant proposes to construct a 60,000 square foot, three-story, medical office building that will provide the ability of the Children's Hospital of the King's Daughters (CHKD) to provide additional services to patients. The building will be located toward the center of Parcel 2 adjacent to the lot line along Princess Anne Road. The primary access for the building will be located on its southwest side, where Children's Hospital of the King's Daughters/Southgate Commons, LLC Page 2 of 4 there will be an access drive that provides the ability to drop-off or pick-up individuals. There is a similar covered drop-off and pick-up point on the northwest -facing side of the building. The southeast -facing and northeast -facing sides provide secondary access to and from the building, each connected to the sidewalk/trail within the Princess Anne Road right-of-way. The building exterior will consist of a combination of brick, metal panels, and glass. The proposed brick color matches the brick used on the CHKD building located on Concert Drive, which is the brick color that is used throughout Princess Anne Commons to emphasize the Commons as a single, unified area. The proposed metal panels will be a 'purplish' color, and red accents will be used in various locations on the building, including awning -like panels above the windows. The brick and metal panels will be used on the exterior such that the western and eastern corners of the building are clad in metal panels and the northern and southern corners of the building are clad in brick. The exterior of the ground -floor level of the corners of the building where the metal panels are used will have expanses of ceiling to floor glass panels, typical of an office building. Vehicular access to the site remains the same as shown on the currently approved plan, and the potential future vehicular access points for the property located to the south also remain. The proposed layout of the parking is generally the same as what is shown on the currently approved plan, and pedestrian connections throughout the parking area remain an integral part of the proposed plan. Based on the floor area of the building, 223 parking spaces are required, 11 of which must be motorcycle spaces. The proposed site plan shows 327 parking spaces, including 12 motorcycle spaces. An area for parking bicycles is also shown on the plan, located within a green space in the center of the parking area that is connected to the sidewalk system throughout the site. Additional details pertaining to the proposal are provided in the attached staff report. The site plan proposed by the applicant is similar to the currently proffered plan, including the location of the building adjacent to Princess Anne Road. The building design is consistent with the Princess Anne Commons Design Guidelines, including the use of the same type and color of brick used on the majority of the buildings in the Commons. Most importantly, the proposed office use of the parcel provides greater consistency with the policies of the Comprehensive Plan than the currently proffered retail commercial use. 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 10-0-1, to recommend approval of this request to the City Council with the following proffers: Children's Hospital of the King's Daughters/Southgate Commons, LLC Page 3of4 PROFFER 1: To the extent Proffer Number 1(a) contained in the Original Proffers applies to the Property (which Property was referenced under the Original Proffers as "Proposed Parcel 2"), Proffer 1(a) is hereby amended to read in its entirety as follows: (a) The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by PF&A, entitled "Southgate Commons Site Plan, and dated September 12, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: To the extent that Proffer Number 2(a) contained in the Original Proffers applies to the Property, Proffer 2(a) is hereby amended to read in its entirety as follows: (a) The architectural design and quality of materials used fm: the building(s) constructed on the Property, when developed, shall be substantially compatible with the rendering prepared by PF&A, entitled "Southgate Commons Perspectives," and dated September 12, 2013 (the "Building Elevations"), which Building Elevations are on file with the City Planning Department and have been exhibited to the City Council. Any future modifications to the building(s) on the property shall also be substantially compatible with the design and quality of materials depicted on the Building Elevations. PROFFER 3: Proffer 2(b), which shall only apply to the Property, shall be added, and shall read in its entirety as follows: Signage located on the primary building constructed on the Property, when developed, shall be in substantial conformity with that depicted on the Building Elevations. Any future modifications to such building signage shall be subject to the approval of the City Planning Director. Additionally, any freestanding signage located on the Property, when constructed, shall be monument style, shall be no taller than eight feet (8') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. PROFFER 4: All other covenants, restrictions, and conditions proffered as part of the Children's Hospital of the King's Daughters/Southgate Commons, LLC Page 4 of 4 Original Proffers shall remain unchanged and are not modified by this Agreement. ■ 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: �'�'� PRINCESS ANNE Children's Hospital of the iWT Ldn��CenW62* rt�-MrarlM trdt.v.. 10 November 13, 2013 Public Hearing APPLICANT: CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. PROPERTY OWNER: SOUTHGATE COMMONS, LLC STAFF PLANNER: Stephen J. White REQUEST: Modification of Proffers of Conditional Change of Zoning approved by the City Council on April 24, 2013. ADDRESS / DESCRIPTION: South side of Princess Anne Road approximately 400 feet southwest of Landstown Centre Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1484997280 PRINCESS ANNE 5.8 acres 70 to 75 dB DNL and Interfacility Traffic Area (ITA) BACKGROUND / DETAILS OF PROPOSAL Background On April 24, 2012, City Council approved a Change of Zoning from AG -1 & AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial. The zoning change allows for the development of a 28.2 -acre site for retail and office uses, as well as a rehabilitation center. The approved development as proffered consists of six parcels, with access to those parcels provided by a new roadway (Landstowne Center Way) intersecting Princess Anne Road at the entrance to the Landstown Commons Shopping Center (site plan is provided on next page). The Conditional Zoning Agreement consists of separate sections of proffers that apply to a specific parcel or all of the parcels, depending on the particular use as well as site and building design. CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. Agenda Item 10 Page 1 The site layout proffered with the 2012 zoning change depicted Parcel 1 and Parcel 2 with 6 commercial buildings with a total floor area of 69,800 square feet (SF) of potential retail space. The proffered design for the buildings adjacent to Princess Anne Road provides for both the parking lot side and the Princess Anne Road side to be a 'front' fagade. The design also provides outdoor seating areas between each building. Parcel 1 is currently under construction as proffered. Parcel 2 is the subject of this request for a Modification of Proffers. Four of the six ` proposed commercial buildings ' are located on Parcel 2, with three of the four located „ « adjacent to Princess Anne Road as described above. The applicant's requested modification is to develop the site with a three-story office building instead of the four commercial buildings. To develop the site as the applicant proposes, the proffers applicable to Parcel 2 as well as the proffers applicable to the complete site must be modified. Proposed Modifications In lieu of the four commercial ••• buildings proposed for Parcel 2, 1 the applicant proposes to -. -- — -- construct a 60,000 SF, three- ---- story, medical office building that will provide the ability of the Children's Hospital of the King's Daughters (CHKD) to provide additional services to patients. The building will be located toward the center of Parcel 2 adjacent to the lot line along Princess Anne Road. The primary access for the building will be located on its southwest side, where there will be an access drive that provides the ability to drop-off or pick-up individuals. There is a similar covered drop-off and pick-up point on the northwest -facing side of the building. The southeast -facing and northeast -facing sides provide secondary access to and from the building, each connected to the sidewalk/trail within the Princess Anne Road right-of-way. The building exterior will consist of a combination of brick, metal panels, and glass. The proposed brick color matches the brick used on the CHKD building located on Concert Drive, which is the brick color that is used throughout Princess Anne Commons to emphasize the Commons as a single, unified area. The proposed metal panels will be a 'purplish' color, and red accents will be used in various locations on the building, including awning -like panels above the windows. The brick and metal panels will be used on the exterior such that the western and eastern corners of the building are clad in metal panels and the northern and southern corners of the building are clad in brick. The exterior of the ground -floor level of the corners of the building where the metal panels are used will have expanses of ceiling to floor glass panels, typical of an office building. Vehicular access to the site remains the same as shown on the currently approved plan, and the potential future vehicular access points for the property located to the south also remain. The proposed layout of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. Agenda Item 10 Page 2 the parking is generally the same as what is shown on the currently approved plan, and pedestrian connections throughout the parking area remain an integral part of the proposed plan. Based on the floor area of the building, 223 parking spaces are required, 11 of which must be motorcycle spaces. The proposed site plan shows 327 parking spaces, including 12 motorcycle spaces. An area for parking bicycles is also shown on the plan, located within a green space in the center of the parking area that is connected to the sidewalk system throughout the site. The additional parking spaces above the minimum requirement are a typical desire of medical offices and facilities. The additional number of spaces, however, is within the maximum allowed by Section 203(b)(8), which may not "not exceed the required number by more than fifty percent (50%)." The plan shows the potential for an additional 29 parking spaces along the Princess Anne Road frontage; however, since the total number of spaces would exceed that allowed by ordinance, those spaces will not be built at this time. Section 203(b)(9) of the Zoning Ordinance provides a means to construct those parking spaces, but the applicant is not pursuing that at this time. As proffered, the area will be landscaped and remain open space. The 2012 approved plan indicates that approximately 30 percent of the total site area of Parcels 1 through 4 will be landscaped open space. The plan also notes that while the percentage of open space could be less than 30 percent, it would not be less than 25 percent of the area of Parcels 1 through 4. This remains the case with the current proposal. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site adjacent to site under development. SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . Retail shops (Landstown Commons) / B-2 Community Business District South: . Indoor and Outdoor recreation facilities / AG -1 Agricultural District East: . City -owned undeveloped property / AG -1 Agricultural District West: . Retail commercial center (under construction) and future site of a rehabilitation center (per proffer of 2012 zoning change) / Conditional B-2 Business NATURAL RESOURCE AND The site is undeveloped. A 120 -foot wide Dominion Virginia Power CULTURAL FEATURES: easement runs adjacent to the southeastern lot line. There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within North Princess Anne Commons which serves as the principal gateway to the Virginia Beach Municipal Center and houses a number of premier educational, recreational, and medical campuses. Most of Princess Anne Commons lies within the Interfacility Traffic Area (ITA) which offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The majority of the policies provided within the Comprehensive Plan Policy Document for the North Princess Anne Commons area are derived from the vision for the area established by the ITA and Vicinity Master Plan. The Plan's vision for this area consists of low -impact, campus -style commercial developments emphasizing corporate office uses, built within an extensive and interconnected open space and trail CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS; -INC. Agenda Item 10 Page 3 network. As part of the transition from the city's urban and suburban north and rural south, the Comprehensive Plan notes that development should strive to achieve 50 percent open space. Site and building design for development in the area should be consistent with the Princess Anne Commons Design Guidelines, which were adopted to ensure a high level of quality and a consistent design theme throughout Princess Anne Commons. The applicant will be briefing the Transition Area / Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC) during the committee's November 7 meeting. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CE: Princess Anne Road is currently an eight -lane divided major urban arterial to the north of the site and is being widened to a four -lane divided roadway to the south of the site (scheduled completion date of June, 2014). TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne Road - 4- 24,600 34,900 ADT (Level of Currently Proffered 2 lane divided major ADT' Service "D") - Capacity Land Use (Parcel 4) - suburban arterial section (2010) 2,036 ADT weekday 3 _ Proposed Land Use Princess Anne Road - 8- 51,000 56,240 ADT lane divided major ADT 3,000 ADT weekday suburban arterial section 2009 Average Daily Trips P as defined by 50,900 SF strip commercial Sas defined by 60,000 SF medical office WATER & SEWER: This site will be connected to City water and sewer as part of the overall development. EVALUATION AND RECOMMENDATION The applicant is proposing a modification of several of the proffers associated with a Conditional Change of Zoning from AG -1 & AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial approved by the City Council in April 2012. On April 24, 2012, City Council approved a Change of Zoning. The site layout proffered with the 2012 zoning change depicted Parcel 1 and Parcel 2 with 6 commercial buildings with a total floor area of 69,800 square feet (SF) of potential retail space. Parcel 1 is currently under construction as proffered. The applicant's requested modification is to develop Parcel 2 with a three-story medical office building consisting of a total of 60,000 SF of floor area instead of the four commercial buildings. To develop the site as the applicant proposes, the proffers applicable to Parcel 2 as well as the proffers applicable to the complete site must be modified. CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS,y NC. Agenda Item 10 Page 4 The site plan proposed by the applicant is similar to the currently proffered plan, including the location of the building adjacent to Princess Anne Road. The building design is consistent with the Princess Anne Commons Design Guidelines, including the use of the same type and color of brick used on the majority of the buildings in the Commons. Most importantly, the proposed office use of the parcel provides greater consistency with the policies of the Comprehensive Plan than the currently proffered retail commercial use. Staff recommends approval of this request with the submitted proffers. 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: To the extent Proffer Number 1(a) contained in the Original Proffers applies to the Property (which Property was referenced under the Original Proffers as "Proposed Parcel 2"), Proffer 1(a) is hereby amended to read in its entirety as follows: (a) The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by PF&A, entitled "Southgate Commons Site Plan," and dated September 12, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: To the extent that Proffer Number 2(a) contained in the Original Proffers applies to the Property, Proffer 2(a) is hereby amended to read in its entirety as follows: (a) The architectural design and quality of materials used fm: the building(s) constructed on the Property, when developed, shall be substantially compatible with the rendering prepared by PF&A, entitled "Southgate Commons Perspectives," and dated September 12, 2013 (the "Building Elevations"), which Building Elevations are on file with the City Planning Department and have been exhibited to the City Council. Any future modifications to the building(s) on the property shall also be substantially compatible with the design and quality of materials depicted on the Building Elevations. PROFFER 3: Proffer 2(b), which shall only apply to the Property, shall be added, and shall read in its entirety as follows: Signage located on the primary building constructed on the Property, when developed, shall be in substantial conformity with that depicted on the Building Elevations. Any future modifications to such building signage shall be subject to the approval of the City Planning Director. Additionally, any freestanding signage located on the Property, when constructed, shall be monument style, shall be no taller than eight feet (8') in height with a brick CHILDREN'S HOSPITAL OF THE KING'S DAUGWEWI.NIC Agenda Item 10 Page 5 or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. PROFFER 4: All other covenants, restrictions, and conditions proffered as part of the Original Proffers shall remain unchanged and are not modified by this Agreement. STAFF COMMENTS: The proffers listed above are acceptable, as they ensure the proposed development will be as presented while still adhering to all of the other proffers of the 2012 Conditional Rezoning pertaining to integrated access, site and building design quality, and open space and trails. The City Attorney's Office has reviewed the proffer agreement dated September 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 detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHILDREN'S HOSPITAL OF THE KING'S DAUGHTEAS;INC.- Agenda Item 10 Page 6 1. PROFFERS APPLICABLE TO THE ENTIRE PROPERTY PROFFER 1a (REPLACEMENT OF ORIGINAL): The property, when developed in phases shall be developed substantially as shown on the conceptual site plan prepared by Vanasse Hangen Brustlin Inc entitled "Southgate Commons Illustrative Site Plan" and dated January 11 2012 (the "Site Plan) which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 1b: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall bond or install at its sole expense the following transportation improvements, substantially as depicted on the Site Plan: (1) a right turn lane from the southbound Princess Anne Road into the Property, (2) traffic signalization to serve traffic entering and existing the primary vehicular to the Property from Princess Anne Road. PROFFER 1c: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall submit a plat or deed of dedication to the City for an eight foot (80') wide public right-of- way (the "Right -of Way") running from the primary entrance to the Property from Princess Anne Road southeast to the parcel boundary shared between the Property and an adjacent parcel owned by the City, substantially as shown on the Site Plan. Within the Right -of -Way, Southgate shall construct (at its sole expense) a paved roadway, together with associated infrastructure, (to include sidewalk, curb and gutter, and street lights), substantially as depicted on the "Roadway Typical Section" included in the Site Plan. PROFFER 1d: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct at its sole expense, an entrance feature and associated signage at the primary entrance to the Property from Princess Anne Road, which entrance feature and signage shall be consistent with the Princess Anne Commons Design Regulations, or as otherwise approved by the City. PROFFER 1e: Southgate agrees to make available two vehicular and pedestrian connections between "Proposed Parcel 2" and the City -owned parcel located immediately to the east of Proposed Parcel 2 (the "City Parcel"), at approximately the locations depicted on the Site Plan. Additionally, if requested by the City, Southgate agrees to dedicate a pedestrian and vehicular access easement across the private access drives shown on the Site Plan as running within "Proposed Parcel 2" and between "Proposed Parcel 1," "Proposed Parcel 2" and "Proposed Parcel 3," provided that the City grants Southgate a reciprocal easement for pedestrian and vehicular access across any private roadway located on the City Parcel. PROFFER 1f: Subject to Southgate's obtaining all required permits, approvals, easements, and City authorizations, prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expenses, an approximate ten foot (10') wide multi-purpose trail substantially as depicted on the Site Plan. PROFFER 1g: Further conditions lawfully imposed by the applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all relevant City Agencies and departments to meet all applicable City Code requirements. CHILDREN'S HOSPITAL OF THE KING'S DAUGHTE#2S,111I0. Agenda Item 10 Page 7 2. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 1" AND "PROPOSED PARCEL 2" ON THE SITE PLAN. PROFFER 2a (REPLACEMENT OF ORIGINAL): The architectural design and quality of materials used for the commercial buildings constructed on "Proposed Parcel 1" and on "Proposed Parcel 2" as depicted on the Site Plan, when developed, shall be in substantial conformity with the rendering prepared by Finley Design Architecture & Interiors, entitled "Southgate Commons Virginia Beach Virginia" and dated November 14, 2011, (the "Parcels 1 and 2 Elevations') which exhibit is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2b (NEW -- is being added as part of the applicant's requested modification) Signage located on the primary building constructed on the Property, when developed, shall be in substantial conformity with that depicted on the Building Elevations. Any future modifications to such building signage shall be subiect to the approval of the City Planning Director. Additionally, any freestanding signage located on the Property, when constructed shall be monument style, shall be no taller than eight feet (8) in height with a brick or masonry base and shall comply with the provisions contained in the City Zoning Ordinance as modified by variance(s) granted by the appropriate authority. 3. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 3" ON THE SITE PLAN PROFFER 3a: The architectural design and quality of materials used for the hospital/rehabilitation facility located on "Proposed Parcel 3", as depicted on the Site Plan, when developed, shall be in governed by the terms of the Conditional Use Permit .Application heard simultaneously herewith. PROFFER 3b: The use of "Proposed Parcel 3", shall be in limited to a convalescent care or other medical facility, or other uses compatible with the noise zone criteria contained in Section 1804 of the City Zoning Ordinance. 4. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 4" ON THE SITE PLAN PROFFER 4a: The architectural design and materials used for the buildings constructed on "Proposed Parcel 4", as depicted on the Site Plan, when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on ""Proposed Parcel 3". PROFFER 4b: "Proposed Parcel 4" shall be used for light industrial and / or office uses. In addition to those uses restricted under the 1-1 provisions of the City Zoning Ordinance, the following uses shall be prohibited on "Proposed Parcel 4": automotive repair garages or service establishments, automotive service stations; automotive rental, and parts and supply stores; truck and trailer rental; repair establishments; and heavy equipment sales and service. PROFFER 4c: The building layout depicted on the Site Plan for "Proposed Parcel 4", is conceptual. The exact orientation and layout of buildings constructed on the "Proposed Parcel 4, shall be determined during final site plan review. CHILDREN'S HOSPITAL OF THE KING'S DAU MTERS"INC. Agenda Iteph 10 Page 8 PROFFER 4d: When development occurs on "Proposed Parcel 4," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons date January 25, 2002. 5. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED "PROPOSED PARCEL 5" AND "PROPOSED PARCEL 6" ON THE SITE PLAN PROFFER 5a: The architectural design and quality of materials used for the buildings constructed on "Proposed Parcel 5" and "Proposed Parcel 6", when developed, shall be substantially compatible with the quality of materials depicted on the "Parcels 1 and 2 Elevations" and those used for the buildings construction on "Proposed Parcel 3". PROFFER 5b: Parking on "Proposed Parcel 5" and "Proposed Parcel 6", between Princess Anne Road and the primary structure(s) shall be minimized by placing the majority of the parking on the sides and /or rear of the primary structure(s). PROFFER 5c: A landscaped area shall be provided along "Proposed Parcel 6"'s Princess Anne Road frontage substantially as shown on the Site Plan. PROFFER 5d: When development occurs on "Proposed Parcel 5" and "Proposed Parcel 6," such development shall be in substantial compliance with the Design Guidelines for Princess Anne Commons date January 25, 2002. CHILDREN'S HOSPITAL OF THE KING'S DAUGHTEftS;l.NC. Agenda Item 10 Page 9 • O V I 61 PROPOSED SITE PLAN CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. Agenda Item 10 Page 11 t a RENDERINGS OF PROPOSED BUILDING CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. Agenda Item 10 Page 12 PRINCESS ANNE n-11 In Sra Children's Hospital of the KinL s 1Jaup—h ci N, lit , 'Zoning with ConditiomiProffers, Open Space Promotion or PDH -2 Overlays ITA - InterfaciNty Traffk Area ZONING HISTORY AG2 Modification of Conditions # DATE REQUEST ACTION 1 04/04/2012 Change of Zoning AG -1 & AG -2 to Conditional B-2 & Conditional 1-1) Approved 2 02/12/2008 Change of Zoning AG -1 & AG -2 to Conditional B-2) Approved 3 08/22/2006 Change of Zoning AG -1 & AG -2 to Conditional B-2) Approved 4 05/27/1997 Change of Zoning 0-2, B-2 & R-10 to AG -1 Approved 6 09/14/1987 Conditional Use Permit (substation) Approved 7 02/06/1984 Change of Zoning (R-8 to PD -H2 [R-5D])A roved i CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. Agenda Item 10 Page 13 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) Children's Hospital of The King's Daughters, Incorporated; Sole Officer: James D. Dahling/President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Southgate Commons, LLC; Sole Members - Boyd Holdings, LLC; Manager - Boyd Corporation OfloeralDirectors - David S. Rudiger, Frank B. Minschke II; Joseph W. Boyd, Jr.; Joseph W. Boyd, III; Justin It Boyd; Clyde S. Whams; Sandra L. Forehand 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? N/A DISCLOSURE STATEMENT CHILDREN'S HOSPITAL OF THE KING'S DAUG.ATEASilINC. i Benda Item 10 Page 14 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) PF&A -- Architectural and Planning Services Vanasse Hangen Brustiin, Inc. — Surveying Services Troutman Sanders LLP -- Legal Services 1 "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary arentsubsidiary relationship, that exists when m 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 (lid) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an of plated 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 3o 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. Mod1fica9on of Conditions Application Page 9 of 9 RG*ed 7!1/2013 Jrgm�s ��H�6 Print Name 7>a's "I S;. Rud Print Name 4 1 r DISCLOSURE STATEMENT CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS,�iNC.. Agenda Item 10 Page 15 Applicant Affiliated Business Entities: Children's Health System, Inc. (John R. Lawson, II/Chair; James D. Dahling/President; Edward A. Heidt/Vice Chair; Conrad M. Hall/Secretary; Elizabeth M. Weller/Treasurer; Dennis M. Ryan/Assistant Secretary -Assistant Treasurer) Children's Health Foundation, Inc. (Ted Grell, Jr./Chair; James D. Dahling/President; Gail F. Pruden/Vice Chair; Lewis W. Webb, III/Secretary; Taylor TazwelYrreasurer; Dennis M. Ryan/Assistant Secretary -Assistant Treasurer) Children's Medical Group, Inc. (Scott Nottingham, M.D./Chair; Bobby J. Garrison, M.D.Nice Chair; James D. Dahling/President; John W. Hamilton/Vice President/ Kathryn J. Abshire/Secretary-Treasurer) CMG of North Carolina, Inc. (James D. Dahling/President; John W. HamiltonNice President; Kathryn J. Abshire/Secretary) CHS Insurance Limited (James D. Dahling/President; Kilian Whelan/Vice President; Christina Bell/Vice President; Dennis M. Ryan/Treasurer; Kathryn J. Abshire/Assistant Treasurer; Compass Administration Services Ltd./Secretary; Camilla Hall/Assistant Secretary) Children's Surgical Specialty Group, Inc. (George R. Heorr, M.D./Chair; James D. Dahling/President; John W. Hamilton/Vice President; Kathryn J. Abshire/Secretary-Treasurer) Children's Medical Tower, LLC (James D. Dahling/President; David Bowers/Vice President; John Harding/Vice President; Dennis M. Ryan/Secretary-Treasurer DISCLOSURE STATEMENT 0 CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS,Y'iNC._ Ai�enda Iter 10 Page 16 Modification of Conditions Application of Children's Hospital of The King's Daughters Owner : Southgate Commons, LLC Sole Member Boyd Holdings, LLC Sole Mana¢er Boyd Corporation Affiliated Eaflties Number One Residential Sales Corp (Premier Realty) Boyd of North Carolina Corp Boyd Resorts, Inc. Camden Plantation Homes, Inc. Camden Plantation Properties, Inc. Boyd of Virginia Corp Boyd Corporation Chesapeake Crossing 5, LLC Boyd Holdings, LLC Horizon Investment Co., LLC Dominion Investment Co., LLC Colonial Development Co., LLC Boyd Holdings USVI, LLC Marina investments, LLC Bolongo Investments, LLC Bovom Investments, LLC Shoy Ridge, LLC Las Olas Bigbt, Inc, Chesapeake Crossing, Inc. Chesapeake Crossing Two, Inc, Chesapeake Crossing Three, Inc. Cascade Creek Homes, Inc. BAC Ltd Coliseum Investment Co., LLC Southbend Landing, LLC Cobbs Point, LLC Point of Rocks Landing, LLC Encore Homes, LLC Witcbduck Investment Co., LLC Cascade Creek Development, Inc. Providence Development Corp. Bridgewater Crossing, Inc. Rivermont Condominiums, Inc. Pines of Newpointe, LLC Providence Finance, L.P. Newtown Square Associates, LLC Cypress Woods, LLC Ross Run, LLC Chesapeake Crossing Four, LLC Southgate Commons, LLC Ramblewood Forest, LLC Lake Ridge Apartments, LLC Lynbrook Investment Co. Monticello Developers, LLC Rolling Ridge, LLC Barterbrook Investment Co., LLC Rivermont Development Co., LLC DISCLOSURE STATEMENT CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, I.NC. Agenda Iter' 10 Page 17 Item #10 Children's Hospital of the King's Daughters Modification of a Conditional Use Permit Southside of Princess Anne Road approximately 400 feet southwest of Landstown Centre Way District 7 Princess Anne November 13, 2013 CONSENT An application of Children's Hospital of the King's Daughters for a Modification of Proffers of Conditional Change of Zoning approved by the City Council on April 24, 2013, on property located on the south side of Princess Anne Road approximately 400 feet southwest of Landstown Centre Way, District 7, Princess Anne. GPIN: 1484997280. PROFFERS PROFFER 1: To the extent Proffer Number 1(a) contained in the Original Proffers applies to the Property (which Property was referenced under the Original Proffers as "Proposed Parcel 2"), Proffer 1(a) is hereby amended to read in its entirety as follows: (a) The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by PF&A, entitled "Southgate Commons Site Plan," and dated September 12, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: To the extent that Proffer Number 2(a) contained in the Original Proffers applies to the Property, Proffer 2(a) is hereby amended to read in its entirety as follows: (a) The architectural design and quality of materials used fm: the building(s) constructed on the Property, when developed, shall be substantially compatible with the rendering prepared by PF&A, entitled "Southgate Commons Perspectives," and dated September 12, 2013 (the "Building Elevations"), which Building Elevations are on file with the City Planning Department and have been exhibited to the City Council. Any future modifications to the building(s) on the property shall also be substantially compatible with the design and quality of materials depicted on the Building Elevations. PROFFER 3: Proffer 2(b), which shall only apply to the Property, shall be added, and shall read in its entirety as follows: Item #10 Children's Hospital of the King's Daughters Page 2 Signage located on the primary building constructed on the Property, when developed, shall be in substantial conformity with that depicted on the Building Elevations. Any future modifications to such building signage shall be subject to the approval of the City Planning Director. Additionally, any freestanding signage located on the Property, when constructed, shall be monument style, shall be no taller than eight feet (8') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. PROFFER 4: All other covenants, restrictions, and conditions proffered as part of the Original Proffers shall remain unchanged and are not modified by this Agreement. By a vote of 10-0, with the abstention so noted, the Commission approved item 10 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Commission approved item 10 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. NIA $Eq'�S In Reply Refer To Our File No. DF -8855 TO: Mark D. Stiles \! FROM: B. Kay Wilson' CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 19, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Children's Hospital of the Kings Daughter's, Incorporated The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 3, 2013. 1 have reviewed the subject proffer agreement, dated September 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 rs mom. pF OvRNPt�oN a In Reply Refer To Our File No. DF -8855 TO: Mark D. Stiles \! FROM: B. Kay Wilson' CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 19, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Children's Hospital of the Kings Daughter's, Incorporated The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 3, 2013. 1 have reviewed the subject proffer agreement, dated September 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 is made as of this V day of September, 2013, by and between SOUTHGATE COMMONS, LLC, a Virginia limited liability company ("Southgate", to be indexed as grantor); CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INCORPORATED, a Virginia non -stock corporation ("CHKD", to be indexed as grantor) (Southgate and CHKD together referred to herein as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Southgate is the current owner and CHKD the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1484-99- 7280-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"), which Property; and WHEREAS, the Property (as a portion of a larger development) was previously re -zoned by the Virginia Beach City Council in 2012 from AG -1 and AG -2 to Conditional B-2, subject to proffered development conditions recorded in the Virginia Beach Circuit Court Clerk's Office as instrument number 20120507000500390 (the "Original Proffers"); and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent that they apply to the Property; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment 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 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: GPIN No.: 1484-99-7280-0000 1. To the extent Proffer Number 1(a) contained in the Original Proffers applies to the Property (which Property was referenced under the Original Proffers as "Proposed Parcel 2"), Proffer 1(a) is hereby amended to read in its entirety as follows: a. The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by PF&A, entitled "Southgate Commons Site Plan," and dated September 12, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. 2. To the extent that Proffer Number 2(a) contained in the Original Proffers applies to the Property, Proffer 2(a) is hereby amended to read in its entirety as follows: a. The architectural design and quality of materials used for the building(s) constructed on the Property, when developed, shall be substantially compatible with the rendering prepared by PF&A, entitled "Southgate Commons Perspectives," and dated September 12, 2013 (the "Building Elevations"), which Building Elevations are on file with the City Planning Department and have been exhibited to the City Council. Any future modifications to the building(s) on the property shall also be substantially compatible with the design and quality of materials depicted on the Building Elevations. 3. Proffer 2(b), which shall only apply to the Property, shall be added, and shall read in its entirety as follows: Signage located on the primary building constructed on the Property, when developed, shall be in substantial conformity with that depicted on the Building Elevations. Any future modifications to such building signage shall be subject to the approval of the City Planning Director. Additionally, any freestanding signage located on the Property, when constructed, shall be monument style, shall be no taller than eight feet (8') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. 4. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are not modified by this Agreement. 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 2 conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the 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(s) to Follow.] 7 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: SOUTHGATE COMMONS, LLC a Virginia limited liability company By: Name:��d&'. Title: -T� e 5 r - COMMONWEALTH OF VIRGINIA CITY OF c= a e - 1h -,to-wit: The foregoing instrument was acknowledged before me this day of OC I 2013, by 7 v: 5. R � who is personally known to me or has produced A� i ve fs 1"r- n se as i entification in his/her capacity as mss. 00 d � P.M r of Southgate Commons, LLC, a Virginia limited liability company, on behalf of t e company. Notary Public My Commission Expires: Of Registration No. I- [NOTARIAL SEAL/STAMP] I -C H-,A-*RL'E*-N* E M. MERZ NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 01-31-2014 REGISTRATION NUMBER 7053290 GRANTOR: CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC., a Virginia non -stock corporation By: Name: Title: i�ws P COMMONWEALTH OF VIRGINIA CITY OF M t� v � to x-_ , to -wit: The foregoing instrument was acknowledged before me this r q 4, day of -,'Sr z; fife r""�" , 2013, by Jct m e , -Dna 1, I . nor , who is personally known to me or has produced as identification in his/her capacity as pfe rrl2n f of Children's Hospital of The King's Daughters, Inc., a Virginia non -stock corporation, on behalf of the company. Notary Public My Commission Expires: -m a 4r I -4� 01S Registration No. I E d 3 V y S [NOTARIAL SEAL/STAMP] oFAULINE BEALE 40" POW commonwwft of Vir*m 7109015 Conanu�on EtgN 61.2015 5 Exhibit A ALL THAT certain piece or parcel of land lying, situate, and being in the City of Virginia Beach, Virginia, shown as "Parcel 2, 5.803 Acres" on that certain plat entitled "SUBDIVISION OF LANDSTOWN CENTRE, PROPERTY OF SOUTHGATE COMMONS, LLC, Virginia Beach, Virginia" dated May 24, 2012, prepared by SIA Site Improvement, which subdivision plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20121129001370090. IT BEING a portion of the same property conveyed to Southgate Commons, LLC by Deed of Confirmation from Southgate Commons, LLC, dated Setpember 7, 2006 and recorded September 18, 2006 in the Clerk's Office of the Circuit Court of the City of Virginia each, Virginia as Instrument Number 20060918001417270. 21239493v1 2 Item -VII-L 6 PLANNING M ITEM #63279 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 12/3/13 BY CONSENT, Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Chane of Zonin from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road DISTRICT 4 — BAYSIDE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 Z PE t Pi i G p4 „ LO 7� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH CITY PUBLIC SCHOOLS (Applicant / Owner), Chance of Zoning, B-2 Community Business to A-36 Apartment. 1008 Ferry Plantation Road (GPIN 1478443796). Comprehensive Plan — Suburban Area. BAYSIDE DISTRICT. MEETING DATE: December 3, 2013 ■ Background: This application was deferred at the November 12, 2013 City Council Hearing. The site is currently zoned B-2 Community Business District. The applicant is requesting a Change of Zoning to A-36 Apartment District for the purpose of developing the site with a new school building. The site is currently occupied by a school building, constructed in 1965. The building was originally occupied by Old Donation Elementary School. The building is now occupied by Old Donation Center (ODC), which was established by the School Board during the 1980s as an elementary school level program for academically -gifted students. The building, constructed nearly a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their 'life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. For the past several years, the Public Schools' staff and the School Board have been discussing a number of alternatives for addressing the functional and structural obsolescence of the two schools. The selected alternative, which is included in the School Board's FY2013-18 Capital Improvement Program (CIP) as well as the City's CIP (# 1233000), consists of the consolidation of the ODC and KLMS programs into one building. The location selected for the consolidated school is the subject site. The Public Schools' staff and the design team for the school conducted a series of meetings with the surrounding community and the public as the design of the building and site advanced (information regarding that process is attached). The development schedule presented in the CIP proposes the commencement of construction in the summer of 2014 with an anticipated completion date of 2017, in time for the 2017-18 academic year. To meet that schedule, it is the intention of the applicant to submit plans to the Development Services Center for review simultaneous to action on this request for the Change of Zoning. Virginia Beach Public Schools Page 2of3 ■ Considerations: To redevelop the site as proposed, the zoning of the site must be changed, as the current Zoning Ordinance does not specifically allow schools in the B-2 Community Business District. Discussion among staff of the Planning Department, City Attorney's Office, and Virginia Beach Public Schools resulted in a conclusion that the most appropriate zoning district for this situation is A-36 Apartment. The A-36 Apartment District permits public schools; moreover, the dimensional regulations of the district are the most suited to the project than any other zoning district. Additionally, a zoning of A-36 Apartment provides the best zoning and land use compatibility with the A-18 and A-24 zoning to the south, as well as a greater degree of compatibility with the neighborhood to the west (zoned R-7.5 Residential) than any of the permitted uses under the existing zoning. The proposed zoning will ensure that in the unlikely event the School Board were to convey the property to the private sector, the site would have the proper zoning to ensure a compatible land use. Thus, this change of zoning, by protecting the adjacent residential uses from the possibility of future incompatible use, furthers one of the Comprehensive Plan's general planning principles for the Suburban Area to preserve and protect the overall character of the stable neighborhoods of the Suburban Area. Another key guiding principle of the Comprehensive Plan for the Suburban Area pertains to the preservation and enhancement of the aesthetic quality of existing and new places and structures within the Suburban Area. The specific features of the proposed site and building plans, provided in the attached staff report, as well as in an attached package of supplemental information provided by the applicant since the Planning Commission Hearing, demonstrate a high level of aesthetic quality as well as consideration for academic needs, recreational needs, transportation access and circulation, and compatibility with the surrounding area. Moreover, the applicant's desire to develop a building that meets LEED standards indicate a commitment to have a minimal impact on the overall environment of the surrounding area while also being sustainable into the future. The site and building plans demonstrate a level of quality that is an enhancement to the immediate area and provides measures to ensure compatibility with the surrounding area. This, as well as the fact that the A-36 Apartment District provides greater protection to the adjacent residential area than the current B-2 Business District, supports the applicant's request for a Change of Zoning to A- 36 Apartment District. 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. Virginia Beach Public Schools Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements Supplemental Information from Applicant Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �.�- RAY81DE `la F-5 M1 N Scab Virginia Beach Public Schools 1 R7.5 % 32 b21 7> B2 # . A24i'`� 02 A18 =X=-C'"�'"'^O""' rasa w.n.,+ Conditional Zoning Change horn 8-2 to Conditional A-36 1 October 9, 2013 Public Hearing APPLICANT & PROPERTY OWNER: VIRGINIA BEACH PUBLIC SCHOOLS REQUEST: Change of Zoning (B-2 Business to A-36 Apartment) ADDRESS / DESCRIPTION: 1008 Ferry Plantation Road GPIN: 14784437960000 Background STAFF PLANNER: Stephen J. White ELECTION DISTRICT: SITE SIZE: AICUZ: BAYSIDE 13.2 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The site is currently zoned B-2 Community Business District. The applicant is requesting a Change of Zoning to A-36 Apartment District for the purpose of developing the site with a new school building. The site is currently occupied by a school building, constructed in 1965. The building was originally occupied by Old Donation Elementary School. The building is now occupied by Old Donation Center (ODC), which was established by the School Board during the 1980s as an elementary school level program for academically -gifted students. The building, constructed nearly a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their 'life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. A second school building, located on a different site approximately a mile to the south, is related to this request. Kemps Landing Magnet School (KLMS), located on Jericho Road, was constructed in 1957 and opened in 1958 as Aragona Elementary School. The building is now occupied by KLMS, which was established by the School Board during the 1990s as a middle school level program for academically - gifted students. Like ODC, the building, constructed over a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. For the past several years, the Public Schools' staff and the School Board have been discussing a number of alternatives for addressing the functional and structural obsolescence of the two schools. The VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 1 selected alternative, which is included in the School Board's FY2013-18 Capital Improvement Program (CIP) as well as the City's CIP (# 1233000), consists of the consolidation of the ODC and KLMS programs into one building. The location selected for the consolidated school is the subject site. The development schedule presented in the CIP proposes the commencement of construction in the summer of 2014 with an anticipated completion date of 2017, in time for the 2017-18 academic year. To meet that schedule, it is the intention of the applicant to submit plans to the Development Services Center for review simultaneous to action on this request for the Change of Zoning. When Old Donation Elementary School was constructed in 1965, the southern portion of the site was zoned RS -3 Residence Suburban and the northern portion was zoned CL -3 Limited Commercial. In 1973, the City Council adopted the "Comprehensive Zoning Ordinance," which created a single set of zoning regulations, rather than the two (Princess Anne County and Town of Virginia Beach) that had been used since the merger of the county and town in 1963. The adoption of the new regulations was accompanied by changes to the Zoning Maps to ensure zoning districts were also consistent throughout the city. During that process of adopting the new Zoning Ordinance and Zoning Maps, the zoning of the subject site was changed such that the entire site was zoned B-2. The new Comprehensive Zoning Ordinance classified any public use under the single category of "Public Buildings and Grounds." The current City Zoning Ordinance still has that category in most of the zoning districts; however, over time, certain public uses have been specifically identified as being a principal or conditional use. Public schools are specifically identified in most districts, but is not identified as being allowed as a principal or conditional use in the B-2 District. To redevelop the site as proposed, the zoning of the site must be changed, as the current Zoning Ordinance does not specifically allow schools in the B-2 Community Business District. City and Schools staff determined, for reasons explained in the Evaluation section of this report, that the A-36 Apartment District is the most appropriate zoning district for this situation. Details of Proposal The proposed site plan is dominated by the school building, which has a building 'footprint' of 122,470 square feet (SF), which is well within the maximum allowable lot coverage for the A-36 District. The total floor area of the building is 225,870 SF, which is also well below the maximum allowable floor area ratio in the A-36 District for structures other than residential dwellings. The proposed school building will be two-story to three-story LEED (Leadership in Energy and Environmental Design) certified building. The building will be three -stories in height closest to Honeygrove Road (42 feet). The average height will be 29 feet with the highest point at the core of the building being 50 feet. It will house 1,300 students in addition to faculty and staff members. The building features a central core of common facilities (gym, cafeteria, auditorium, etc.) and then two wings. The southern wing will house the elementary school level grades and the northern wing will house the middle school level grades. A parking area for faculty, staff, and visitors is located at the corner of Honeygrove Road and Independence Boulevard. Bus parking is located along the southern property line in approximately the same location as it is currently. Similarly, the service court / dumpster area is located adjacent to the bus parking area, which is in the same general area as the current service area. Interspersed on the site in various locations are a greenhouse, vegetable gardens, playgrounds, outdoor classrooms, a courtyard, and hard -surface play areas. Located along the periphery of the site, with connections to the interior of the site and the building, is a trail system that will include 'learning stations' in selected locations along the trail. The site will be enclosed by a fence, consisting of a six-foot high, black ornamental fence along Independence Boulevard, and then rounding the corner to run along Honeygrove Road, where the height of the fence will drop to four -feet. The four -foot high fence continues along the Ferry Plantation Road frontage. The fence along the southern lot line will be a six-foot high chain-link fence, which is what currently exists in that location. New trees, shrubs, and other plants will be installed throughout the site as part of the landscape and stormwater management plans for the project. VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 2 Vehicular access to the site is at three locations: (1) the main parking lot access, located on Honeygrove Road opposite the existing access point for the shopping center; (2) the main access for student drop-off and pick-up, located on Honeygrove Road opposite the existing access point for the office building; and (3) the bus access, located on Ferry Plantation Road at approximately the same location as the existing bus access point. The main access to the building, and thus, its 'front,' is oriented to the intersection of Honeygrove Road and Independence Boulevard. The overall orientation of the site, therefore, is opposite of its current orientation, which will reduce the impact on the neighborhood to the west since the current orientation places the majority of the activity on Ferry Plantation Road. The orientation of the existing building on Ferry Plantation Road is a result of the fact that when the school was constructed in 1965, neither Honeygrove Road nor Independence Boulevard existed. With those roads now part of the city's roadway system, the school's primary activity can be directed away from the residential area. The side of the site closest to the residential area will now be devoted to a softball and multi-purpose field, neither of which will be lit or intended for use at night. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: School building, parking, and recreational fields SURROUNDING LAND North: . Honeygrove Road USE AND ZONING: . Shopping center, office, self -storage, commercial childcare / B- 2 Community Business District South: . Multi -family dwellings / A-18 and A-24 Apartment Districts East: 0 Independence Boulevard Banks, fast-food restaurant / B-2 Community Business District • Public library and Police Department precinct station / R-10 Residential District West: 0 Ferry Plantation Road Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The site has no significant natural resource features. It is vegetated CULTURAL FEATURES: with native grasses and weeds, and there are groups of trees at the front of the school building. COMPREHENSIVE PLAN: The subject site is within the Suburban Area. The Comprehensive Plan characterizes the Suburban Area as the portion of the city that consists of predominately low-density residential subdivisions, with a mix of large tracts of land devoted to single-family dwelling units as well as attached and multi -family units. Low -intensity retail shopping centers, office complexes, and industrial parks are located within various commercial/employment centers or strips. Movement of individuals, goods, and services through the area depends heavily on the use of the automobile, and the transportation system is primarily designed to accommodate the automobile. The Suburban Area also offers opportunities for recreation, consisting of parkland and natural open spaces on tracts of varied sizes interspersed throughout the area. Since the predominant land use within the Suburban Area is residential, the general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods of this area. Based on these principles, the Plan provides policies and recommendations for land use, design, transportation, housing, and sustainability that ensure stable residential areas are preserved, while, at the same time, enhancing the quality of the Suburban Area's commercial, employment, and recreational areas. The Evaluation section of #his roport VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 3 discusses the consistency of the applicant's request with these policies and recommendations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Ferry Plantation Road: Two-lane, undivided, local street. It is not included in the MTP. Currently, this segment of roadway is functioning under capacity at a Level of Service (LOS) C or better. Honey4rove Road: Two-lane, undivided, local street. It is not included in the MTP. S. Independence Boulevard: Six -lane, divided, major urban arterial. The MTP proposes an eight - lane facility within a 155 -foot wide right-of-way. Currently, this segment of roadway is functioning over -capacity at a LOS E. There are no Roadway CIP Projects within this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 26,300 ADT (max. Level of Existing: 1,677 ADT 2 Service "C") Independence 44,511 ADT' 42,100 ADT (max. Level of "W) Proposed: 1,677 ADT 3 Boulevard Service / capacity 48,200 ADT (max. Level of 585 AM Peak Hour Vehicles Service'E (total) 6,200 ADT (max. Level of Service "C") 364 PM Peak Hour Vehicles Ferry Plantation Road 4,954 ADT 9,900 ADT (max. Level of Service "W) / capacity (total) during mid-afternoon school dismissal 11,100 ADT (max. Level of OR Service "E°°) 195 PM Peak Hour Vehicles (total) during typical PM peak There are no traffic Honeygrove Road counts available for N/A hour (4:00 — 6:00) this roadway section Average Daily Trips 2 as defined by school with 500 students 3 as defined by school with 1,300 students Additional Comments: A traffic study pertaining to this proposed redevelopment is currently being conducted by Kimley-Horn and Associates. There may be a need for right-of-way improvements based on the outcome of the study. The applicant is aware of that possibility and is prepared to address those needs as the project moves through development site plan review. WATER: The site is already connected to the public water system. The existing 2 -inch meter (City ID 95013612) may be used or upgraded to accommodate the proposed development. SEWER: the site is already connected to the public sanitary sewer system. Pump Station #345, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of the pump station and the sanitary sewer collection system is required to ensure future flows can be accommodated. VIRGINIA BEACH PUBLIC SC Age OOLS Item 1 Page 4 EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning of the subject site from B-2 Community Business District to A- 36 Apartment District for the purpose of demolishing the existing school building and constructing a new school building. The replacement of the existing school is currently problematic, as the current zoning of the site does not specifically permit public schools. The existing zoning of the site was established in 1973 when the Comprehensive Zoning Ordinance and its associated new Zoning Map were adopted. Prior to that change, the school building on the site was split by commercial and single-family residential zoning. The decision to use the commercial zoning rather than the single-family residential zoning was determined to be appropriate based on the non-residential land uses and zoning of the other corners of the intersection of Independence Boulevard and Honeygrove Road. While the existing zoning of the site has not been an issue during the past, as there has been little change with regard to the current use, the proposal to consolidate ODC and KLMS within a new building necessitates a change to a more appropriate zoning district. Discussion among staff of the Planning Department, City Attorney's Office, and Virginia Beach Public Schools resulted in a conclusion that the most appropriate zoning district for this situation is A-36 Apartment. The A-36 Apartment District permits public schools; moreover, the dimensional regulations of the district are the most suited to the project than any other zoning district. Additionally, a zoning of A-36 Apartment provides the best land use compatibility with the A-18 and A-24 zoning to the south, as well as a greater degree of compatibility with the neighborhood to the west (zoned R- 7.5 Residential) than any of the permitted uses under the existing zoning. The proposed zoning will ensure that in the unlikely event the School Board were to convey the property to the private sector, the site would have the proper zoning to ensure a compatible land use. Thus, this change of zoning, by protecting the adjacent residential uses from the possibility of future incompatible use, furthers one of the Comprehensive Plan's general planning principles for the Suburban Area to preserve and protect the overall character of the stable neighborhoods of the Suburban Area. Another key guiding principle of the Comprehensive Plan for the Suburban Area pertains to the preservation and enhancement of the aesthetic quality of existing and new places and structures within the Suburban Area. The specific features of the proposed site and building plans, provided at the beginning of this report, as well as the plans presented on the pages below demonstrate a high level of aesthetic quality as well as consideration for academic needs, recreational needs, transportation access and circulation, and compatibility with the surrounding area. Moreover, the applicant's desire to develop a building that meets LEED standards indicate a commitment to have a minimal impact on the overall environment of the surrounding area while also being sustainable into the future. Staff concludes that, consistent with the recommendations and planning policies of the Comprehensive Plan for the Suburban Area, the site and building plans described above demonstrate a level of quality that is an enhancement to the immediate area and that provides measures to ensure compatibility with the surrounding area. Based on this conclusion, as well as staff's finding that the proposed use of the A-36 Apartment District provides greater protection to the adjacent residential area than the current B-2 zoning, staff recommends approval of this request for a Change of Zoning from B-2 Community Business District to A-36 Apartment District. VIRGINIA BEACH PUBLIC SC# DOLS Agenda, tem 1 Paae 5 F .!� .i L ouvA3ln09 3ON3aN3d3aNl oe o -I li r—' it jl t list I I� II Il �j it 'Vi Grp„•,y�_l FERRY PLANTATION ROAD I'`L�`,' �1 Lr EXISTING SITE CONDITIONS VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 7 SITE PLAN VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 8 A. RENDERING OF MAIN ENTRANCE (NORTH SIDE) VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 9 RENDERING OF BUILDING FROM SOUTHWEST (FERRY PLANTATION ROAD) VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 10 w 0 Z Z 0 B. PERSPECTIVE DRAWING FROM NORTH (HONEYGROVE & INDEPENDENCE INTERSECTION) r—, 1Ate --'B VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 11 PERSPECTIVE DRAWING FROM SOUTH VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 12 FIRST FLOOR PLAN VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 13 , SECOND FLOOR PLAN �, ,r���R1A • BFB ��`! VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 14 THIRD FLOOR PLAN VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 3 ' _. Page 15 ZONING HISTORY # DATE REQUEST ACTION 1 11/24/2009 11/28/2006 Conditional Use Permit (Recreational Facility) Conditional Use Permit Fuel Sales Approved Approved 2 07/11/2006 09/27/2005 Conditional Use Permit [Modification] (Communications Tower) Conditional Use Permit [Modification] (Recreation Facility) Approved Approved 3 10/28/2003 Street Closure Approved 4 05/08/2012 Conditional Rezoning (A-12 Apartment to 0-2 Office) Approved VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 16 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) Anthony Arnold, representing the School Board / Virginia Beach Public Schools (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ✓❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑✓ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ❑ No ❑✓ If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT VIRGINIA BEACH PUBLIC S646OLS Agenda; Item 1 Page 17 Mrs. Beverly M. Anderson At -Large School Board Mr. William J. "Bill" Brunke,IV Vice Chairman District 7 - Princess Anne Ms. Dorothy M. "Dottie" Holtz At -Large Mrs. Emma L. "Em" Davis District 5 - Lynnhaven Mr. Joel A. McDonald District 3 - Rose Hall Mr. Daniel D. "Dan" Edwards Chairman District 2 - Kempsville Mr. Bobby Melatti At -Large Mr. Sam Reid Mrs. Elizabeth E. Mr. Leonard C. District 6 - Beach Taylor Tengco At -Large District 1 — Centerville Mrs. Carolyn D. Weems District 4 - Bayside DISCLOSURE STATEMENT VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 19 Item #1 Virginia Beach City Public Schools Change of Zoning 1008 Ferry Plantation Road District 4 Bayside October 9, 2013 CONSENT An application of Virginia Beach City Public Schools for a Change of Zoning (B-2 Business to A-36 Apartment) on property located at 1008 Ferry Plantation Road, District 4, Bayside. GPIN: 14784437960000. A motion was made by Dave Redmond and seconded by Chris Felton to approve item 1 by consent. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 1 by consent. Tony Arnold, the applicant appeared before the Commission. ABSENT SUPPLEMENTAL INFORMATION PROVIDED BY SCHOOLS RRMM ANOHITtCTS Inhn 11 Nfadtlux, Ir Benjamin S Mode, Mathew I I Astrin Kevin'T lull Robert S Berz Donna A Elliott Joseph C freemen Jaime G Garcia Ieff ev A I larris Duane hl I lanrr Dan II IIickok,Ir llinna I' hfalmo Kevin NI Seymour Michael I. Smith Leigh A Barker Randell F. Bratmer Chtistoplter T Gossett IIJoseph Iloffman,IV David It J ones, J r Phillip B Meadows Lori A Shcrwcwd Larry It Simcmon Cason Fstumiolo Jason C Wilson Craig S Yarborough October 22, 2013 Mr. Anthony Arnold, Director Facilities Planning and Construction Virginia Beach City Public Schools School Administration Annex Building 16 Virginia Beach, Virginia 23456 RE: REZONING APPLICATION SUPPLEMENTAL INFORMATION OLD DONATION CENTER / KEMPS LANDING MAGNET SCHOOL Dear Mr. Arnold: As part of the above project's rezoning process, we are providing additional information to illustrate how the new school project is improving the existing site and how the community has been included in the project development. Our design process included thirteen large group stakeholder planning and information sessions. Of these sessions, four were 2 -hour + site design sessions and two more were community information sessions. The Aragona Civic League president and the owners of the two apartment complexes to the south were invited to all six of those sessions. Site Design Work Session #l, Sept. 20, 2012, 3:30 pm Kemps Landing Magnet School Site Design Work Session #2, Oct 4, 2012, 3:30 pm Kemps Landing Magnet School Site Design Work Session #3, Oct 18, 2012, 3:30 pm Kemps Landing Magnet School Site Design Work Session #4, Nov, 8, 2012, 3:30 pm Kemps Landing Magnet School Community Information Meeting #1, April 26, 2012, 6:00 pm Bayside High School Cafeteria Community Information Meeting #2, April 11, 2013, 6:00 pm Old Donation Center Cafeteria 1317 EX ECUTI VI> 13oULEVARD, SUITE 200, CIIES.IPEAKE, VIRGIN I.\ 23320 T: 7 57.6 22.28 28 t: 757.622.2430 %X'1rXr.RRNINLCom RRMM AROMITKOTM Mr. Anthony Arnold October 22, 2013 Page 2 of 3 The Aragona Civic League President attended one of the site design workshops and relayed her concern that the project includes space for the community. The proposed project does include community amenities such as a walk path with exercise areas, a soft ball field and a large gymnasium for after-hours use. The owner of Albert Court Apartments attended one of the site design workshops and relayed his stormwater and screening concerns. Much field verification, design time and consideration has been given to his concerns. Attached narrative and illustrations show how the project exceeds the minimum City requirements for landscape screening as well as stormwater management. Please find attached, the following: Stormwater Management Narrative Site Plan - Proposed Overall Aerial View - Existing Service Area Aerial View - Existing Service Area Aerial View — Existing with Proposed Overlay Service Area Plan - Proposed Descriptive Sections Thru Proposed Service Area Views of the Proposed Building from South Side of Site Existing and Proposed Views from Albert Court Apartments The attached stormwater narrative describes how the project is designed to infiltrate the full 10 -year storm event on site while also providing infrastructure that will separate and improve the drainage system for the properties to the south. The images illustrate how all `service' type activity is screened from the public and neighbors to the south and how the proposed project improves the view of the site from the neighbors to the south. It is also worth noting that this project will contain a geothermal well field, and therefore, there will be no mechanical equipment (cooling towers or chillers) in the service area. 1317 ExI x'rn•e 13oul.EVARD, Sura. 200, CIIF.SAPEAKE, VIRGIN I:1 23320 T: 757.622.2828 F: 757.622.2430 wwwARMM.com 0 RRMM ANCHITKOTS Mr. Anthony Arnold October 22, 2013 Page 3 of 3 We hope above and attached information illustrates that process and project and have been both inclusive and responsive to all stakeholders. Please let us know what additional information we can provide. Sincerely, RRMM ARCHITECTS Robert S. Berz, Architect Prinipal Attachments: (1) stormwater narrative (11) 11x17 images CC: Duane Harver, RRMM 11177-00\—Project Mgmt\Correspondence\Rezoning 1317 FIXECUTIVE BOULEVARD, SUIT17 200, Cur-.sAi AKE, VIRGIM.% 23320 T: 757.622.2828 F: 757.622.2430 ww\C .RRNIbLCO\I Kimley-Horn and Associates, Inc. ■ Suite 500 4500 Main Street Virginia Beach, Virginia Old Donation Center/Kemps Landing Magnet Replacement 23462 Stormwater Management Narrative Prepared by Kimley-Horn and Associates October 22, 2013 On -Site Stormwater Management The Old Donation Center (ODC) site will be designed to infiltrate the full 10 -year storm event across the entire site through open -bottomed underground storage. Although State and City code merely requires the site to hold back the 10 -year post -development peak flow rate below pre - developed rates, Virginia Beach City Public Schools desires to exceed the minimum requirements and provide greater stormwater management at the site. Full scale infiltration as proposed will most closely mimic the natural site characteristics and hydrology for an undeveloped site. All site stormwater will be collected with inlets throughout the site and conveyed to one of two underground storm chamber fields consisting of open -bottomed chambers. One large chamber field will be located beneath the bus parking loop and one will be located beneath the main parking lot. These chambers are connected to each other with underground pipes and connected to the City system in Independence Boulevard and Ferry Plantation Road for larger storm events. Using the tested site infiltration rate the chambers were sized to fully infiltrate the 10 -year rainfall amount before any water outfalls to the City system. Based on the proposed chamber and connection pipe layout the underground chambers will fill during the 10 -year storm event (and smaller) but will infiltrate entirely into the ground and will not outfall to the municipal storm system. Larger storm events will outfall to the municipal system. Off -Site Storm Drainage The ODC site currently receives off-site drainage from the existing apartments southwest of the site. The off-site drainage area from the property at the southwestern site corner is approximately 1.5 acres. This drainage is currently conveyed in an on-site ditch to a storm pipe located at the southeast corner of the site in the Independence Boulevard right-of-way. This drainage will be piped as part of the proposed improvements. The ■ TEL 757 213 8600 Kimley-Horn and Associates, Inc. proposed pipe system designed to convey the off-site drainage will be completely separated from the on-site system serving ODC. The design approach provided the following accommodations for the off- site drainage: • 8.5 acres of storm water runoff from ODC that currently drains to the shared outfall with the off-site drainage will be redirected away from the Independence Boulevard outfall in order to provide a dedicated outfall for the off-site drainage. By diverting this flow the dedicated outfall will have greater capacity to accommodate the off-site drainage. This is a reduction in stormwater flowing to this outfall point of approximately 85%. • The conveyance method for storm water from the off-site properties will be changed from an open ditch to a pipe. The proposed pipe will provide approximately 5 times the capacity of the existing ditch at normal flow conditions. • At the City right-of-way, the current outfall for the off-site water is a 15" pipe. The outfall is being improved and upgraded by replacing the 15" pipe with a 24" reinforced concrete pipe. This matches the pipe diameter of the downstream system in the Independence Boulevard right-of-way. With the reduction in drainage area, the improvement to the conveyance system capacity, and the increase in outfall pipe size we believe drainage conditions will not be adversely impacted for the adjacent apartments that drain through the ODC site. 08VA31nos 33N3GN3d3aNi ROAD FERRYFERRp�gNTAT10N' —t 19 1: _ .f I 1 Ej NNW OL 4 1 L I L ti off - mm - OF —4 Ht SOP 40 an LL O LLJ 0 LLJ u z 0 F— z 0 c1c z 0 0 z co 0 0 0 > u cr V1 0 Q LLJ Z V, u u 0: (D CL z -x z z ir L4r) CL 5 (D au LLJ vi IND o 0 0 LL X 0 U LuaY Ln U_j u < < U Z K2 LU 2 cc W> CA: D - 'L A % � n � ti T f R -aa z0 r_ <n r z o uU J cc Q Q N O ^� N N N Q' til LL W z W z O a z O 0 C) W O z ryryy� z V O O o 7 u ¢ � z W a z ca r_ C Q a Z a z z z " J a ami Q W Z Q W p Y g0o� a LL 0 �u cW a x 0 3 o � z W = U�� d Q S W CO A Q Q 0- z LLJ Lu it K i uj a 7p ❑ LU z W 06 n m N o � N ry N ,y N N � w Cn O C) F— :7 Lj U z O a z O 0 oW J W O Z z a2S W J O O o u oc In z LLI z u a F- u a cL z N Qz az z z�� a } J a Ln W ' CD W C Q C 2 u Lli ¢_ p vi Y > N Q J dI w O 00 z O < N = f°J*.. Ir y w W o Y 4 v r z W = W aU a i LU W wJ Q a W W > C 24 W qw. - > Lo as L6 0 LU uj Z 0 LU 0) LL 0 z 2 0 > o LLI L6 LLI W LLI 0 LLI Lo L6 0 LU uj Z 0 LU 0) LL 0 z 2 0 > o LLI L6 LLI W LLI 0 LLI Z LU 10 or_ w Z V z O F- d z O O O Or W J z O z z y W J V OLn cc O o 2 } W IV cr VL! N r z w /zn v U Sd G � I n Q V d z � Z z zI— d j — a 1.i m N a z a W O vi vi 7 v) ' a Joa O uO Q IJ1 = V w zm� W a sc N V r LU = W VQt �W= m� a on- o do W a > F4 Y 4b I Irk �. •s � i ti� � F �- IN vld f a _ • � _ r i l �7 A I I N c N O O N .Nj N N W m uH V `4 L w LU z LU U z 0 F_ z 0 0 o W J z 0 z 1/ W J u 0VI 0 0 U F— z W a z N W 1' Q a z d � ? a z �' - ¢ 7 a ami C W C z a LTJ K U Y 7 In ,d J o Q Z.Li-Z. _ F- U Y W z fa U LLI a Y v a u W m Q d O LLJ A F3 o� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH (a) An Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a New Article 13, Pertaining to Legislative Intent, Findings, Establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of Structures, the Historical Review Board and Historic Preservation Commission; (b) An Ordinance Adding a New Section 2-5.1 to the City Code, Pertaining to the Duties and Membership of the Historical Review Board; and (c) A Resolution Authorizing the Mayor to Make Application on behalf of the City to the Virginia Department of Historic Resources for Certification of Virginia Beach as a Certified Local Government. MEETING DATE: December 3, 2013 ■ Background: In 2010, a joint committee of the Historic Preservation Commission (HPC) and the Historical Review Board (HRB), both appointed by City Council, began studying the Virginia Certified Local Government Program (CLG) to determine whether the City's participation in the CLG Program would be beneficial, and, if so, what actions would be necessary to achieve designation as a CLG. The committee found that designation as a certified historic preservation program would demonstrate that the City has a strong commitment to historic preservation and would provide a variety of benefits by having: • A formal partnership with Virginia Department of Historic Resources and National Park Service in historic preservation efforts; • Access to HRB and HPC member training, staff training, data resources and technical assistance; • Funding assistance to implement local program needs and preservation priorities recommended by the Historic Preservation Commission; and • A network with other localities on preservation techniques and programs On August 28, 2013, the joint committee of the Historic Preservation Commission (HPC) and the Historical Review Board (HRB) passed a Joint Resolution (attached) finding that the City would benefit from participation in the CLG Program and encouraging the City Council to adopt this proposed ordinance amendment, which repeals the existing Article 13 of the City Zoning Ordinance ("Historic and Cultural District"), replacing it with a new Article 13. The Resolution also requests that the City Council "take any necessary actions to request Amendments to the Zoning Ordinance, City Code and Resolution of City Council — Historic Preservation Program Page 2 of 4 designation as a Certified Local Government from the Virginia Department of Historic Resources and the National Park Service." ■ Considerations: The CLG Program can be a valuable means of promoting and enriching the historic preservation activities of local governments through technical, financial, and training support. The CLG program was created by the National Historic Preservation Act of 1966 (and as amended in 1980). It establishes a partnership between local governments, the federal historic preservation program, and each state's State Historic Preservation Office (SHPO), which in Virginia is the Department of Historic Resources (DHR). The program allows DHR, as the SHPO, to recommend for certification those local governments that have placed in their communities key elements of a sound local historic preservation program. Designation as a CLG gives local governments a way to participate more formally in the state and national historic preservation programs. General requirements for certification are identified in the federal program; specific requirements for the Virginia program have been established by DHR. Article 13: As proposed, the new Article 13 of the City Zoning Ordinance would be in conformance with the local preservation ordinance CLG requirements, thus enabling the City to be designated as a CLG by the Virginia Department of Historic Resources. The new Article 13 Historic and Cultural Overlay Zoning District provides for the following: • Section 1301 -- Simplifies the process for creating or expanding Historic and Cultural Districts (HCDs). o Section 1301(a) — Gives the Historic Preservation Commission a role in advising Council on creation or expansion of HCDs. o Section 1301(g) --Includes certain requirements that were enacted by the 2012 General Assembly. Section 1303 -- Gives the Historical Review Board authority to issue a Certificate of Appropriateness (COA) instead of the Planning Director. Currently, the HRB is an advisory body only, making recommendations to the Planning Director, who issues the COA; however, the Planning Department would continue to provide support for the COA review process. 0 Section 1303 -- Lists activities requiring and not requiring a COA. Amendments to the Zoning Ordinance, City Code and Resolution of City Council — Historic Preservation Program Page 3 of 4 • Section 1304 — Notes special requirements for demolition requests — adds Virginia Code Section 15.2-2306 requirements for consistency with State Code. City Code Section 2-5.1 Associated with the ordinance to repeal the existing Article 13 and adopt a new Article 13 is ordinance to add Section 2-5.1 to the City Code, which will provide for the duties and membership of the Historical Review Board. One of the requirements for approval as a CLG is that all of the members of a locality's historical review board must have a demonstrated interest, competence, or knowledge in historic preservation, and at least one of the board's members must be an architect or architectural historian. Accordingly, the addition of Section 2- 5.1 establishes the duties of the Board by reference to the new Section 1303, and also establishes the terms and the qualifications for the members of the Board. Resolution: To be designated as a CLG, an application must be submitted to the State Historic Preservation Officer (SHPO), which in the case of Virginia is the Department of Historic Resources (DHR). The application must include the following items: • A request for designation must be signed by the chief elected official; • A written assurance from the chief elected official that the local government fulfills the requirements of the Virginia CLG program guidelines; • A copy of the local preservation ordinance and any pertinent parts of the larger zoning ordinance; • A list and accompanying maps of the areas, and/or individual sites protected by the local ordinance; • Copies of the bylaws of the local review board and any pertinent resolutions, design guidelines, or other documents used by the board in carrying out its responsibilities; • A resume for each member of the review board that clearly shows the member's professional qualifications and his or her required interest, competence, or knowledge in historic preservation; and • Verification that the local government possesses adequate provisions to prohibit conflicts of interest on the part of any employee, agent, review board member, consultant, officer, or official of the local government. The attached Resolution allows the Mayor to work with City staff to prepare and submit an application requesting designation of the City of Virginia Beach as a Certified Local Government by the Virginia Department of Historic Resources and the National Park Service. Amendments to the Zoning Ordinance, City Code and Resolution of City Council — Historic Preservation Program Page 4 of 4 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend to the City Council adoption of the proposed ordinance pertaining to Article 13 of the City Zoning Ordinance. The proposed ordinance amending Section 2-5.1 of the City Code does not require action on the part of the Planning Commission; however, it was included with the report to the commission for their information. Staff recommends approval of the ordinance adding Section 2-5.1 to the City Code. Adoption of the Resolution is also recommended, as it provides the Mayor with the necessary authorization from the City Council to make application to DHR. ■ Attachments: Staff Review Minutes of Planning Commission Hearing Joint Resolution of HRB and HPC Ordinance Amending the City Zoning Ordinance (Article 13) Ordinance Amending City Code Section 2-5.1 Resolution Recommended Actions: Adoption of Ordinance repealing and adding a new Article 13 of the City Zoning Ordinance; Adoption of Ordinance adding a new Section 2-5.1 of the City Code; and Adoption of Resolution authorizing the Mayor to make application to the Virginia Department of Historic Resources on behalf of the City. Submitting Department/Agency: Planning Department City Manager: <-'::Z � 1 3 zNk 1 A RESOLUTION OF THE HISTORIC PRESERVATION 2 COMMISSION SUPPORTING THE ADOPTION OF THE 3 REVISED HISTORIC AND CULTURAL DISTRICT (CITY 4 ZONING ORDINANCE SECTIONS 1300 THROUGH 1307) 5 ORDINANCE AND TAKING THE NECESSARY ACTIONS 6 FOR THE CITY TO BE DESIGNATED A CERTIFIED 7 LOCAL GOVERNMENT (CLG) 8 9 WHEREAS, the City Council of the City of Virginia Beach created the Historic 10 Preservation Commission to advise City Council and city departments on all issues 11 related to the preservation of historic buildings, structures, and sites; 12 13 WHEREAS, the members of the Historic Preservation Commission in their 14 capacity as advisors to the City Council have spent many hours researching and 15 evaluating the feasibility of the adoption of the revised Historic and Cultural District 16 Ordinance, and other ordinances that would allow the City to request designation as a 17 Certified Local Government (CLG) from the Virginia Department of Historic Resources 18 and the National Park Service; 19 20 WHEREAS, designation as a CLG will enable the City to assume a larger role in 21 the identification, evaluation and protection of heritage resources, receive assistance 22 from the Virginia Department of Historic Resources, receive grants to continue historic 23 preservation and receive other functions and resources to better protect the historical 24 resources of the City of Virginia Beach; and 25 26 WHEREAS, the Historic Preservation Commission supports the adoption of the 27 revised Historic and Cultural District Ordinance and any other measures that would 28 allow the City to request designation as a Certified Local Government (CLG); 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION 31 COMMISSION OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the Historic Preservation Commission supports the adoption of the revised 34 Historic and Cultural District Ordinance and the taking of any necessary actions to 35 request designation as a Certified Local Government from the Virginia Department of 36 Historic Resources and the National Park Service. 37 38 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE HISTORIC 39 PRESERVATION COMMISSION OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 40 41 That a copy of this Resolution be provided to the City Clerk for distribution to the 42 Mayor and City Council. Adopted by the Historic Preservation C fission o irginia Be Virginia, on this 28"' day of August, 2013. ,H n 4 1 A RESOLUTION OF THE HISTORICAL REVIEW BOARD 2 SUPPORTING THE ADOPTION OF THE REVISED 3 HISTORIC AND CULTURAL DISTRICT ORDINANCE (CITY 4 ZONING ORDINANCE SECTION 1300 THROUGH 1307) 5 AND TAKING THE NECESSARY ACTIONS FOR THE CITY 6 TO BE DESIGNATED A CERTIFIED LOCAL 7 GOVERNMENT (CLG) 8 9 WHEREAS, the City Council of the City of Virginia Beach created the Historical 10 Review Board to review all alterations and new construction in historic and cultural 11 districts in the City; 12 13 WHEREAS, the members of the Historical Review Board in their capacity as 14 reviewers of construction in all historic and cultural districts have spent many hours 15 researching and evaluating the feasibility of the adoption of the revised Historic and 16 Cultural District Ordinance, and other ordinances that would allow the City to request 17 designation as a Certified Local Government (CLG) from the Virginia Department of 18 Historic Resources and the National Park Service; 19 20 WHEREAS, designation as a CLG will enable the City to assume a larger role in 21 the identification, evaluation and protection of heritage resources, receive assistance 22 from the Virginia Department of Historic Resources, receive grants to continue historic 23 preservation and receive other functions and resources to better protect the historical 24 resources of the City of Virginia Beach; and 25 26 WHEREAS, the Historical Review Board supports the adoption of the revised 27 Historic and Cultural District Ordinance, and any other measures that would allow the 28 City to request designation as a Certified Local Government (CLG); 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE HISTORICAL REVIEW 31 BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the Historical Review Board supports the adoption of the revised Historic 34 and Cultural District Ordinance and the taking of any necessary actions to request 35 designation as a Certified Local Government from the Virginia Department of Historic 36 Resources and the National Park Service. 37 38 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE HISTORICAL 39 REVIEW BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 40 41 That a copy of this Resolution be provided to the City Clerk for distribution to the 42 Mayor and City Council. Adopted by the Historic Review Board of Virginia Beach, Virginia, on this 2$"' day of August, 2013. Chair, Historical Review Board 5 12 November 13, 2012 Public Hearing CITY OF VIRGINIA BEACH TO REPEAL AND REPLACE ARTICLE 13 CITY ZONING ORDINANCE REQUEST: An Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a New Article 13, Pertaining to Legislative Intent, Findings, Establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of Structures, the Historical Review Board and Historic Preservation Commission. SUMMARY OF AMENDMENT Historic preservation activities of local governments can be promoted and enriched with technical, financial, and training support through a national and statewide program known as the Certified Local Government Program (CLG). The CLG program was created by the National Historic Preservation Act of 1966 (as amended in 1980). It establishes a partnership between local governments, the federal historic preservation program, and each state's State Historic Preservation Office (SHPO), which in the case of Virginia is the Department of Historic Resources (DHR). The program allows DHR, as the SHPO, to recommend for certification those local governments that have placed in their communities key elements of a sound local historic preservation program. Designation as a CLG gives local governments a way to participate more formally in the state and national historic preservation programs. General requirements for certification are identified in the federal program; specific requirements for the Virginia program have been established by DHR. In 2010, a joint committee of the City's Historic Preservation Commission (HPC) and the City's Historical Review Board (HRB),both appointed by City Council, began studying the Virginia CLG Program to determine whether or not participation in it by the City would be beneficial and, if so, what actions would be necessary to achieve designation. The committee found that designation as a certified historic preservation program would demonstrate that the City has a strong commitment to historic preservation and would provide a variety of benefits by having: • A formal partnership with Virginia Department of Historic Resources and National Park Service in historic preservation efforts; • Access to HRB and HPC member training, staff training, data resources and technical assistance; CITY OF VIRGINIA BEACH -- CD Agenda IteiA 12 Page 1 • Funding assistance to implement local program needs and preservation priorities recommended by the Historic Preservation Commission; and • A network with other localities on preservation techniques and programs The joint committee passed a Joint Resolution finding that the City would benefit from participation and asked staff to conduct a review of our existing ordinance (Article 13) and other program elements for compliance with CLG designation requirements and to draft any necessary changes for further consideration. Planning Department staff and the City Attorney's Office reviewed Article 13 in comparison to CLG designation requirements, the model CLG ordinance, and Code of Virginia local historic district ordinance requirements. As a result of this review, several adjustments were drafted pertaining to legislative intent, findings, establishment and expansion of historic districts, certificates of appropriateness, demolition of structures, and duties and responsibilities of the historical review board and the historic preservation commission. At a joint meeting of the HPC and the HRB on August 28, 2013, City staff presented their findings along with drafts of the necessary changes for compliance. The meeting concluded with both groups adopting resolutions supporting the new Article 13, Historic and Cultural District Overlay Ordinance, as drafted, as well as encouraging the City Council to adopt the ordinance and to take the actions necessary to apply for designation as a Certified Local Government. These resolutions are included as reference at the end of this report. As proposed, the new Article 13 of the City Zoning Ordinance would be in conformance with the local preservation ordinance CLG requirements, thus enabling the City to be designated as a CLG by the Virginia Department of Historic Resources. The new Article 13 Historic and Cultural Overlay Zoning District provides for the following: • Section 1301 -- Simplifies the process for creating or expanding Historic and Cultural Districts (HCDs). • Section 1301(a) — Gives the Historic Preservation Commission a role in advising Council on creation or expansion of HCDs. • Section 1301(g) -- Includes certain requirements that were enacted by the 2012 General Assembly. • Section 1303 -- Gives the Historical Review Board authority to issue a Certificate of Appropriateness (COA) instead of the Planning Director. Currently, the HRB is an advisory body only, making recommendations to the Planning Director, who issues the COA; however, the Planning Department would continue to provide support for the COA review process. • Section 1303 -- Lists activities requiring and not requiring a COA. • Section 1304 — Notes special requirements for demolition requests — adds Virginia Code Section 15.2-2306 requirements for consistency with State Code. While not part of the amendments that require action by the Planning Commission, also attached to this report is an amendment to Section 2-5.1 of the City Code, which pertains to the duties and membership CITY OF VIRGINIA BEACH -- HCD Agenda Item 12 Page 2 of the Historical Review Board. The amendment establishes the duties of the Board by reference to the new Section 1303 of the Zoning Ordinance, which sets out the provisions regarding Certificates of Appropriateness. The amendment also establishes the terms and the qualifications for the members of the Board. RECOMMENDATION As noted at the outset of this report, designation as a certified historic preservation program by the Department of Historic Resources would demonstrate that the City has a strong commitment to historic preservation and would provide a variety of benefits that are currently not available to the City. The requested changes to the Zoning Ordinance are the result of significant and collaborative work efforts involving the City staff, the City Attorney's Office, the Historical Review Board, and the Historic Preservation Commission, with guidance as necessary from the Department of Historic Resources. It is important to note that neither the existing Article 13 nor the new Article 13 do any of the following: • Mandate a change in property rights; • Mandate creation of Historic and Cultural Districts; • Require improvements, changes, or restoration of property; • Require approval for ordinary repair or maintenance; • Require approval of interior changes or alterations; • Prevent new construction within historic areas; • Require that historic properties be open for tours; or • Restrict the sale of the property. Staff, therefore, recommends approval of the proposed amendments. CITY OF VIRGINIA BEACH -- ACD Agenda Item 12 Page 3 Item #12 City of Virginia Beach — Article 13 An Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a new Article 13, Pertaining to Legislative Intent, Findings, Establishment of Historic and Cultural Districts, Certificates or Appropriateness, Demolition of Structures, the Historical Review Board, and Historic Preservation Commission. November 13, 2013 CONSENT An Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a New Article 13, Pertaining to Legislative Intent, Findings, Establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of Structures, the Historical Review Board and Historic Preservation Commission. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 12 by consent Robert Davis appeared before the Commission. Bernice Pope appeared before the Commission in support of the application. 1 AN ORDINANCE TO REPEAL ARTICLE 13 OF THE CITY 2 ZONING ORDINANCE (HISTORIC AND CULTURAL 3 DISTRICT) AND TO ADD A NEW ARTICLE 13, 4 PERTAINING TO LEGISLATIVE INTENT, FINDINGS, 5 ESTABLISHMENT OF HISTORIC AND CULTURAL 6 DISTRICTS, CERTIFICATES OF APPROPRIATENESS, 7 DEMOLITION OF STRUCTURES, THE HISTORICAL 8 REVIEW BOARD AND HISTORIC PRESERVATION 9 COMMISSION 10 Sections Repealed: City Zoning Ordinance Sections 1300, 11 1301, 1302, 1303, 1304 and 1305 12 Sections Added: City Zoning Ordinance Sections 1300 13 through 1307 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 18 VIRGINIA BEACH: 19 That Article 13 of the City Zoning Ordinance ("Historic and Cultural District") is hereby 20 repealed, and a new Article 13, consisting of Sections 1300 through 1307, is hereby added, to 21 read as follows: 22 ARTICLE 13. HISTORIC AND CULTURAL DISTRICT 23 Ser. 1300. Legislative intent. 24 The - of this aFtiGle is to pFevide the vehiGle by WhiGh GeFtain 25 and objeGtS within the Gity that have hmStGFiG and rultuml - may be pFesewed • preteGted. 27 SeG. 1301. Establishment. • • by • -planning direGtOFll - •ordinanGe6- establishment -ordinanGe 30 6hall beaGGOMpaReeda wFittenll - 1 - - - • - - - -- - - - -•- - - - - - - - - - - r-- - - - - - - 1 - r - - - •".rum- - •1 • - LZIMAMMULLIMB - - - • • . 1 • • - - - - - • • - - - - - • • I - - - - _ 1 -p - 71 72 s �7�z►�. r m rrre rr.T: m es . . -tails a6 tE) IGGatiE)R, size, 74 DiStFiGt, the -F'yiRg Fegulations of the ZORing diStFiGt within whiGh the - 75 ■*StFmGt aFea 06 6ituated- - - :• publiG view,materials,design•1 OFnamentation- - dFawing6 iRdiGating visual relatlon&4 79 SeG. 1303. CeFtifiGates of appropriateness-. 1 . n making his determination as to apprepFiateness. •1 Requimments of Ged44Gates of appFopgateness. EXGept- and denial of CeitfiGate 81 subseGtion (� herein, no building peFmit shall be issued fer the GORStFuGtwon, alteFation OF F 82 of any stFuGture within a HiStOFiG OF Cultural lDiStF*Gt and no permit shall be issued fGF the relOGation or demolition83 - withiR a - DiGtFiGt, unles6 •, (1) 18914aPGe. The planning direGtGF shall issue a GeFtifiGate of 95 .. pFGpFoatene6s only if he finds that the pFoposal is, on faGt, appFGproate to •: GFeating the diStFiGt. In issuing his appreval, the planning diFeGtOF •• 11 theattaGhed shall be on Gonformity with all 101 102 105 ir.Tano.r-srOir_emrr.:�cr-rsmz�r.�asr_�:��:r��rrrasrirr_�:� . -tails a6 tE) IGGatiE)R, size, numbeF and GharaGter, proposed .. exteFoor lighting arFangements, elevations of all portions of struGtuFes with signifiGaRt relation to :• publiG view,materials,design•1 OFnamentation- - dFawing6 iRdiGating visual relatlon&4 92 1 . n making his determination as to apprepFiateness. 93 (G) Gr-ounds for- issuanGe and denial of CeitfiGate of .. •, (1) 18914aPGe. The planning direGtGF shall issue a GeFtifiGate of 95 .. pFGpFoatene6s only if he finds that the pFoposal is, on faGt, appFGproate to •: GFeating the diStFiGt. In issuing his appreval, the planning diFeGtOF •• 11 theattaGhed shall be on Gonformity with all 101 102 105 16 oF the settingof - - The planning duFeGteF /lateFthe date ef the deRial. 111 �i�.r..T'�7T- �T-ii�S �S Z.�TJ7►�SiT-Tii:T-T.l112 114 GT:7a�:T T�fiiT 7sTTsa:U•�t.w:�-ter u.r-��a-�.. •. �._... 113 to be heaFd by the Gity GOund at a Fegular meeting and shall give written - of- -date md plaGe of-Gity GOLinGil meetting- • before _ meeting. 1 - 117 prepeFty, identifying the tome, date and plaGe of the Gity GOunGil meeting 118 and _ _ of _ _atiOR, at _ fifteen mG • - - _ _ _ _ 1shall be requiFed. 121 122 ■.T-�� .:1RLT.S�T:T - TZTliriia��.a��.�.��..�.a.�.. 124 -GiFGUmt GOUFt by filingpetitionaw,6etting foFth the alleged illegality 125 of the aGt*en of the Gity GOURGOI, PFC)Vided thee petition is filed within thiFty • day6_ the date of _ deGOSOOR._ filing of the • the appeal to the GGUFt, unless the dedsion denies the Fight to Faze o.r • - ng OF _ _ _ _ _ 1 oF modify the deGiSionthe Gity GOunGol, in whole or on paFt, if it fonds UPOR r +aR Gen6titutes 132 aR abuse of diSGretion, er it may affirm the deGiS*E)R of the geveFR*ng body. 133 G\��T-T.T.�f{7R7:�1:siTTSTS-moi: rT.iT.11SiTT.sL ysm�rsn01 MrIN :nrars1ILVAM_134138 � 135 eGenornoGally unfeasible, the planning deFeGtGF shall issue the GeFtqfqGate fOFthwoth. 137 hiStOFOGal review beaFd shall take Gr promote the taking of whateveF publiG OF private aGtiGn seems _likely_ _ r _nthe-F OR the _ on whiGh _ _ is _ _ • on another _ tG whiGh it might _ be moved. 41 141 (e) LaGk Of aGtiGP. if _ _ day6 ftern the date _ _opt of _ appliGate 142 (unle6s the owner of the propeFty agrees to an exteR60E)R of time), the p!aRR*ng doFeGt()F 0 143 hoStOFuGal Feview beaFd has not taken 144 re1OGatiGR permit, permit shall be _ _ _ to _ 145 146 147 if the plaRRiRg direGtGF fonds, and the hiStOFiGal review boaFd GGRGUF6, that partiG 148 materwals, designs, 149 WithiR the diStFiGt, 150 rnatteFS, but building permits may be issued in aGGGrd with a general GertifiGate o 151 • 152 153 SeG. 1305. Condataonal uses. 154 155 156 GlaSGifiGation, if 157 graRted only if the Gity GE)unGil fiRds that the c)peFat*E)n of the use Will ROt pFE)dWGe adverse 158 159 160 (1 ) Bed and bFeakfast innc 161 162 (2) ARti^snops; 163 164 (3) Museums and aFt galloric - 165 166 ; and 167 168 . 169 170 NO Gonditional use permit shall be FequiFed for aRy SUGh use allowed as a pFinGipal use 171 172 wed. 173 174 Sec. 1300. Findings; intent. 175 (a) The City Council finds that: 176 (1) The historical and cultural heritage of the City is embodied by buildings, 177 structures and sites that are unique resources of high value to current and 178 future generations of the City, the Commonwealth of Virginia, and the 179 nation; 180 (2) The City has many historic and cultural resources that are significant by 181 reason of the people and events that are associated with them or the 182 special architectural character they embody; 183 (3) The historical and cultural foundations of the City should be preserved as 184 a living part of our community life and development; 185 (4) The preservation of this irreplaceable heritage is in the public interest so 186 that its vital legacy of cultural, educational, aesthetic, inspirational and 187 economic energy benefits will be maintained and enriched for future 188 generations of the City residents; 189 (5) The increased knowledge of our historic and cultural resources, the 190 establishment of improved means of identifying and administering them, 191 and the encouragement of their preservation will enhance the planning 192 and execution of historic preservation projects and will enhance tourism 193 and economic growth and development; 194 (6) The deterioration, destruction, relocation, or alteration of historic and 195 cultural resources may cause the permanent loss of these unique 196 resources; therefore, special measures are warranted in order to preserve 197 the historic and cultural resources of the City; and 198 (7) The use of responsible and innovative methods for implementing the 199 Comprehensive Plan's goal of protecting our historic and cultural 200 resources, as allowed by applicable provisions of the Virginia Code, will 201 encourage the recognition and protection of the architectural and cultural 202 history of the City through the identification, preservation and 203 enhancement of historically, culturally, architecturally or archaeologically 204 significant buildings, structures, places and areas. 205 (b) It is the intent the City Council in adopting this Article to: 206 (1) Protect the historic significance and integrity of the properties within 207 historic and cultural districts that are or may be recognized for their 208 association with historic events that have made a significant contribution 209 to our history; are associated with historically significant persons; possess 210 distinctive characteristics of a type, period, or method of construction or 211 that represent the work of a master, possess high artistic values; or have 212 the potential to yield significant archaeological or historical information; 213 214 215 216 (2) Promote tourism and enhance local business and industry by protecting historical architectural archaeological and cultural resources; (3) Encourage sound stewardship of the City's historic resources and foster a sense of place in the City's residents; 217 (4) Preserve and protect buildings structures and properties which serve as 218 visible reminders of the historic cultural, and architectural or 219 archaeological heritage of the City of Virginia Beach, the Commonwealth 220 of Virginia, or the United States; and 221 (5) Assure that within the City's historic and cultural districts, new structures, 222 additions landscaping and related elements will be in harmony with their 223 setting and environs. 224 COMMENT 225 The section sets forth the findings of the City Council and its intent in adopting the new Article 13 226 to replace the existing Article 13, the majority of which dates back to the 1973 Comprehensive Zoning 227 Ordinance. As revised, the Article will allow the City to be designated as a Certified Local Government by 228 the Virginia Department of Historic Resources. 229 Designation of the City as a Certified Local Government (CLG) enables it to: 230 1. Assume a formal role in the identification, evaluation, and protection of the City's 231 heritage resources; 232 2. Have the right to comment on the eligibility of historic resources nominated for 233 listing in the National Register of Historic Places; 234 3. Receive technical assistance from the Virginia Department of Historic Resources 235 (DHR) and the National Park Service; 236 4. Network with other CLGs and share experiences, concerns, and potential solutions 237 to problematic issues; 238 5. Apply for matching grants for preservation programs from a ten per cent (10%) 239 share of Virginia's annual federal appropriation; 240 6. Gain free and full access to the Virginia Cultural Resource Inventory System (V- 241 CRIS); 242 7. Receive stipends to selected preservation conferences and workshops; 243 8. Be considered automatically for the DHR Cost Share Program funding for survey 244 projects in which CLG grant funding is unavailable; and 245 9. Be a "consulting party" in a project requiring review pursuant to Section 106 of the 246 National Historic Preservation Act. 247 7 248 Sec. 1301. Establishment. 249 250 (a) In accordance with the provisions of City Code Section 2-5, the Historic 251 Preservation Commission shall advise City Council on the consideration of the need for 252 establishing or expanding an Historic and Cultural District in a specified geographical area of 253 the City. 254 255 (b) Prior to the establishment or expansion of a Historic and Cultural District, the 256 Planning Director shall prepare in writing a report containing: (i) an inventory of all landmarks, 257 buildings and other structures sites and objects being considered for inclusion within the 258 proposed district (ii) recommendations if any, for detailed zoning and other regulations to be 259 applied within the district and (iii) a listing of the criteria to be used to determine which 260 properties shall be included within the district. The Planning Director shall seek the advice and 261 guidance of the Historic Preservation Commission in preparing such report. 262 263 () No Historic and Cultural District shall be established or expanded unless the area 264 to be encompassed thereby contains one or more places or buildings or other structures: 265 266 (1) Listed on the Virginia Landmarks Register, the Virginia Beach Historical 267 Register, or the National Register of Historic Places; 268 269 (2) That are of significant historic, architectural, archaeological or cultural 270 interest; 271 272 (3) In which historic events occurred; or 273 274 () That have special public value because of notable architectural, 275 archaeological or other features relating to the cultural or artistic heritage 276 of the City that are of such significance as to warrant conservation and 277 preservation. 278 279 (d) Only the geographical area in which a majority of the properties meet the criteria 280 established in accordance with this section shall be designated as a Historic and Cultural 281 District; provided however, that parcels of land contiguous to arterial streets or highways 282 found by the City Council to be significant routes of tourist access to the City or to designated 283 historic landmarks, buildings, structures, or districts therein, or in a contiguous locality, may 284 also be included in a Historic and Cultural District. 285 286 (e) The Planning Commission shall review the report of the Planning Director, 287 together with the ordinance establishing or expanding a Historic and Cultural District and any 288 proposed zoning and other regulations to be applied within the district, and shall recommend to 289 the City Council approval in whole or in part, with or without modifications, or shall recommend 290 rejection thereof. 291 292 (f) The City Council may, by ordinance, establish or expand a Historic and Cultural 293 District if it finds that the proposed district or expansion thereof meets the requirements of this 294 section and may adopt such zoning or other regulations pertaining to property within the 295 district, consistent with general law, as it may deem appropriate. Upon City Council approval 296 of a new or expanded Historic and Cultural District, the official zoning map shall be amended 297 accordingly. 298 299 (g) The establishment or expansion of Historic and Cultural Districts shall be subject 300 to the applicable provisions of Section 107 of the City Zoning Ordinance and Title 15.2, 301 Chapter 22, Article 7 of the Virginia Code (Virginia Code Sections 15.2-2280 et seg.), as 302 amended, or any successor ordinances or statutes. 303 304 COMMENT 305 306 The section sets forth the criteria for designation of Historic and Cultural Districts and a procedure 307 for their creation. 308 309 Sec. 1302. Applicability of regulations. 310 In addition to the regulations set forth in the ordinance creating the Historic and Cultural 311 District, the underlying regulations of the zoning district within which the Historic and Cultural 312 District area is situated shall apply; provided that, except as provided in Section 1306, if any 313 conflict occurs, the more restrictive provision shall apply. In addition thereto, development 314 within a Historic and Cultural District shall be subject to the provisions of this Article. 315 COMMENT 316 317 The section provides that Historic and Cultural Districts are subject to both the regulations of the 318 underlying zoning district and the regulations applicable to Historic and Cultural Districts and that in the 319 event of a conflict, the more restrictive regulation controls. An exception is made for cases arising under 320 Section 1306. 321 322 M 323 Sec. 1303. Certificates of appropriateness. 324 (a) Requirements of Certificates of Appropriateness. Except as provided in 325 subsection (e) no building or structure including signs, within a Historic and Cultural District 326 shall be constructed altered repaired relocated or demolished, and no building or other 327 required permit authorizing such action shall be issued unless and until the Historical Review 328 Board has issued a Certificate of Appropriateness therefor. A Certificate of Appropriateness 329 shall certify only that the requirements of this section have been met, and shall not excuse 330 compliance with any other applicable requirements of law. 331 332 (b) Materials to be submitted for review. 333 334 (1). Required plans etc. The Historical Review Board may require submission 335 of any or all of the following materials as part of an application: 336 architectural plans site plans, landscaping plans, proposed signs with 337 appropriate details as to location, size, number and character, proposed 338 exterior lighting arrangements, elevation drawings, indications as to 339 construction materials, design of doors and windows, ornamentation and 340 colors photographs or perspective drawings indicating visual relationship 341 to adjoining structures and spaces and such other exhibits and reports as 342 are reasonably necessary in making its determination to grant or deny the 343 Certificate of Appropriateness. 344 345 (2) Application review. Applications for a Certificate of Appropriateness shall 346 be submitted to the Planning Director, who shall determine whether the 347 proposed building or structure conforms to the requirements of the City 348 Zoning Ordinance. No application shall be deemed complete unless it 349 contains sufficient information for the Planning Director to make such 350 determination. 351 352 (c) Grounds for issuance and denial of Certificate of Appropriateness. 353 354 (1) Issuance. The Historical Review Board shall issue a Certificate of 355 Appropriateness only if it finds that the proposed building or structure is 356 architecturally compatible with the historic landmarks, buildings or 357 structures in the district. In issuing its approval, the Board may attach 358 such reasonable conditions, consistent with applicable city ordinances and 359 development standards, as are necessary or appropriate to ensure that 360 the proposed building or structure meets the requirements of this section. 0001 10 362 The Board shall consider, in determininq whether a proposed building or 363 structure is architecturally compatible with the historic landmarks, 364 buildings and structures in the district, the following factors: 365 366 A The conformity with the design, development standards, and 367 criteria established for the district pursuant to Section 1301; 368 369 B. The appropriateness of the general overall design of the proposed 370 building or structure in relation to the architecture of other building 371 or structures within the historic -cultural overlay zoning district; 372 373 C. The extent to which the proposed building or structure will be 374 harmonious or incompatible with the other buildings or structures in 375 the district; 376 377 D. The degree to which the proposed building or structure advances 378 the Comprehensive Plan's goals; 379 380 E. The impact of the proposed building or structure upon the historic 381 context; 382 383 F. The degree to which the proposed building or structure conforms to 384 applicable provisions of the Secretary of the Interior's Standards for 385 Rehabilitation as set forth in Title 36, Section 67.7 of the Code of 386 Federal Regulations, or any successor regulations, not inconsistent 387 with the provisions of this section. 388 389 (2) Denial: appeals. The Historic Review Board shall state the reasons for 390 denial in writing. The applicant for the Certificate of Appropriateness may 391 appeal a denial of such certificate to the city council by letter filed with the 392 Planning Director stating the grounds for appeal no later than thirty (30) 393 days after the date of the denial. 394 395 (3) Notice of appeal. Upon receipt of such letter, the Planning Director shall 396 schedule the appeal to be heard by the city council at a regular meeting 397 and shall give written notice of the time, date and place of the city council 398 meeting to the applicant, or his agent, and any persons who submitted to 399 the Planning Director written objections to the application, no less than 400 twenty-one (21) days before the meeting. The applicant shall post a siqn 11 401 provided by the Planning Director on the property, which sign shall state 402 the time and date of the city council meeting and the nature of the appeal, 403 at least fifteen (15) days prior to the city council meeting at which the 404 matter is scheduled. Such siqn shall be posted in accordance with the 405 provisions of Section 108(a) of the City Zoning Ordinance. No further 406 public notice shall be required. 'I1 408 (4) Appeals to the circuit court. The applicant, and any person appearing 409 before the city council in opposition to the application, may appeal the 410 decision of the city council to the circuit court by filing a petition at law, 411 setting forth the alleged illegality of the action of the city council, provided 412 the petition is filed within thirty (30) days after the date of the city council's 413 decision. The filing of the petition shall stay the decision of the city council 414 pending the outcome of the appeal to the court, unless the decision denies 415 the right to raze or demolish a historic landmark, building or structure. The 416 court may reverse or modify the decision of the city council, in whole or in 417 part, if it finds upon review that such decision is contrary to law or is 418 arbitrary and constitutes an abuse of discretion, or it may affirm the 419 decision of the governing body. PRI 421 (5) Time limits. The Board shall approve or deny a Certificate of 422 Appropriateness within ninety (90) days from the filing of a completed 423 application. The failure to approve or deny an application shall constitute 424 a denial thereof. mi 426 (d) Demolition. In the event the Historical Review Board determines that the 427 preservation of a building or structure is found to be physically or economically unfeasible, it 428 shall issue the Certificate of Appropriateness allowing the demolition of such building or 429 structure. If the preservation of such building or structure is physically and economically 430 feasible, the Board shall deny the application. In the event the application is denied, the 431 applicant may: (i) appeal such decision to the city council by letter filed with the Planning 432 Director stating the grounds for appeal no later than thirty (30) days after the date of the denial; 433 or (ii) elect to proceed pursuant to the provisions of Section 1304. The procedure for appeals 434 to the city council shall be in accordance with subdivision (3). The city council may, after 435 consultation with the Board, affirm or deny the Board's decision. In the event the city council 436 affirms the decision of the Board, the applicant shall have the right to appeal such decision to 437 the circuit court in accordance with the Drocedures set forth in subdivision (4). 12 439 (e) Exceptions. The following actions shall not require the issuance of a Certificate 440 of Appropriateness: 441 442 (1) Repainting resulting in the same or like color, provided that the initial 443 painting of masonry surfaces shall require a Certificate of 444 Appropriateness; 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 (2) The addition or deletion of windows, storm windows, doors, and storm doors that match existing windows, storm windows, doors, storm doors and broken window panes, and the addition or removal of air conditioning units; (3) The addition or deletion of television or radio antennas, skylights, solar collectors, wind energy conversion systems or satellite dishes if such structures are not visible from a public street or right-of-way: (4) The repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials, features and workmanship when the physical condition of a building or structure, or portion thereof, has deteriorated; (5) Planting of grass, trees and shrubs, but not including landscape treatment that substantially alters the contour of a landmark site; (6) Permitted outside storage in any residential, office, business, or industrial district, which is not visible from a public street; and (7) Any interior changes. COMMENT The section sets forth a comprehensive scheme of regulation pertaining the buildings and other structures within Historic and Cultural Districts through the use of Certificates of Appropriateness as the mechanism for ensuring architectural compatibility. In particular, the section establishes regulations prescribing when a Certificate of Appropriateness (COA) is needed; the COA application process, including procedures for appeal; and exceptions to the COA requirement. 13 476 Sec. 1304. Special rules for demolition. 477 (a) In addition to the right of appeal set forth in Section 1303, the owner of a historic 478 landmark, building or structure, the razing or demolition of which is subject to the provisions of 479 this Article, shall, as a matter of right, be entitled to raze or demolish such landmark, building 480 or structure provided that: (i) he has applied to the City Council for such right, (ii) the owner 481 has for the period of time set forth in subsection (c) and at a price reasonably related to its fair 482 market value, made a bona fide offer to sell the landmark, building or structure, and the land 483 pertaining thereto, to the City or to any person, firm, corporation, government or agency 484 thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is 485 willing to preserve and restore the landmark, building or structure and the land pertaining 486 thereto, and (iii) no bona fide contract, binding upon all parties thereto, shall have been 487 executed for the sale of any such landmark, building or structure, and the land pertaining 488 thereto, prior to the expiration of the applicable time period set forth in the time schedule 489 hereinafter contained. 490 (b) Any appeal which may be taken from the decision of the City Council, whether 491 instituted by the owner or by any other proper party, notwithstandinq the provisions of Section 492 1303 relating to a stay of the decision appealed from, shall not affect the right of the owner to 493 make the bona fide offer to sell referred to above. No offer to sell shall be made more than 494 one (1) year after a final decision by the City Council, but thereafter the owner may renew his 495 reauest to the Citv Council to approve the razina or demolition of the historic landmark. 496 building or structure. 497 (c) The time schedule for offers to sell shall be as follows: three (3) months when the 498 offerinq price is less than $25,000; four (4) months when the offering price is $25,000 or more 499 but less than $40,000; five (5) months when the offering price is $40,000 or more but less than 500 $55,000; six (6) months when the offering price is $55,000 or more but less than $75,000; 501 seven (7) months when the offering price is $75,000 or more but less than $90,000; and twelve 502 (12) months when the offering price is $90,000 or more. 503 COMMENT 504 The section sets forth rules pertaining to the demolition of buildings in cases in which the Historical 505 Review Board finds that preservation is not physically or economically unfeasible so as to entitle the owner 506 to have the building demolished. The section establishes a procedure by which the owner may demolish a 507 building without the approval of the Board. The procedure is specifically set out by Virginia Code Section 508 15.2-2306, and is taken directly from that provision. 509 14 510 Sec. 1305. General Certificate of Appropriateness for specified classes or cases. 511 Notwithstanding any other provision of this Article, if the Historical Review Board 512 determines that particular materials or designs or architectural or other structural 513 characteristics are generally architecturally compatible with a district, it may issue a general 514 Certificate of Appropriateness under specifications approved by the Board, and building 515 permits consistent with such general Certificate of Appropriateness may be issued if all other 516 applicable requirements of law are met. 517 COMMENT 518 519 The section provides an alternative means by which Certificates of Appropriateness may be issued. 520 521 Sec. 1306. Conditional uses. 522 (a) In order to promote the preservation of historic structures, the following uses 523 shall be permitted within the historic and cultural district, regardless of the underlyingzoning oning 524 district classification, if authorized by a conditional use permit. A conditional use permit may 525 be granted only if the city council finds that the operation of the use will not produce adverse 526 impacts, such as excess traffic, noise or on -street parking demand, upon the surrounding area: 527 (1) Bed and breakfast inns; 528 529 (2) Antique shops; 530 531 (3) Museums and art galleries; 532 533 (4) Specialty shops; and 534 535 (5) Offices of nonprofit oraanizations. W 537 (b) No conditional use permit shall be required for any such use allowed as a 538 principal use in the zoning district underlying the historic and cultural district unless living 539 quarters are provided. 540 541 COMMENT 542 543 The section specifies certain uses that are allowed in Historic and Cultural Districts by right even if 544 the underlying zoning district does not allow the use. If living quarters are provided, however, a 545 conditional use permit is required for the specified uses. 15 546 Section 1307. Historical Review Board: Historic Preservation Commission. 547 548 (a) Historical Review Board. The Historical Review Board shall have the duties set 549 forth in this Article, or any successor ordinance, and such other duties as the City Council may 550 from time to time prescribe. 551 552 (b) Historic Preservation Commission. The Historic Preservation Commission shall 553 have the duties set forth in City Code Section 2-5, as amended June 12 2012 and as may be 554 amended further from time to time. 555 556 COMMENT 557 558 The section pertains to the duties of the Historical Review Board and the Historic Preservation 559 Commission. 560 561 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 562 BEACH: 563 564 That the boundaries, criteria for establishment and other regulations pertaining to 565 Historic and Cultural Districts in existence as of the date of adoption of this Ordinance shall 566 continue in effect except as altered or amended by this Ordinance or further action of the City 567 Council. 47:.:? 569 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 570 of , 2013. 571 572 573 574 575 576 577 578 579 580 581 TO CONTENT: CA -12347 November 19, 2013 R-4 APPROVED AS TO LEGAL SUFFICIE CY: Z� La� 14 P - City Attorney's Office 16 1 AN ORDINANCE ADDING A NEW SECTION 2-5.1 2 TO THE CITY CODE, PERTAINING TO THE DUTIES 3 AND MEMBERSHIP OF THE HISTORICAL REVIEW 4 BOARD 5 6 Section Added: City Code Section 2-5.1 7 8 WHEREAS, the City's Historical Review Board was established by resolution numbered 9 Item #6849, adopted by the City Council on March 4, 1974; and 10 11 WHEREAS, it is the intention of the City Council to seek certification by the Virginia 12 Department of Historic Resources ("DHR") as a Certified Local Government ("CLG"), thereby 13 reaffirming its commitment to the preservation and protection of historic resources in the City 14 and obtaining the benefits of CLG status; and 15 16 WHEREAS, among DHR's requirements for CLG certification is that all of the members 17 of a locality's historical review board must have a demonstrated interest, competence, or 18 knowledge in historic preservation, and further, that at least one of the board's members be an 19 architect or architectural historian; and 20 21 WHEREAS, it is the sense of the City Council that the City and its citizens have been 22 well -served by the Historical Review Board since its establishment, and the City Council is 23 confident that future Boards will continue to act in the best interests of the City and its citizens 24 in exercising its role in preserving and protecting the City's historic resources, consistent with 25 applicable law; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That a new Section 2-5.1 of the City Code, pertaining to the Historical Review Board, is 31 hereby added, and shall read as follows: 32 33 CHAPTER 2. ADMINISTRATION 34 35 ARTICLE 1. IN GENERAL 36 37 .... 38 39 40 Sec. 2-5.1. Historical Review Board. 41 42 (a) Duties. The duties of the Historical Review Board shall be as set forth in Section 43 1303 of the City Zoninq Ordinance, and such other and further duties as the City Council may 44 from time to time prescribe. 45 46 (b) Membership; qualifications; term. The Historical Review Board shall consist of 47 eight (8) members or such other number as the City Council may determine, and members 48 shall be appointed for terms of three (3) years. At least two members shall have professional 49 training or equivalent experience in architecture, history, American studies, architectural 50 history, archaeology, or planning, and at least one (1) of these two (2) members shall be a 51 registered architect or architectural historian. All members shall have a demonstrated interest 52 or competence in, or knowledge of, historic preservation by virtue of any one (1) or more of the 53 following: 54 55 (1) A college or graduate degree in a preservation -related field; 56 57 (2) Activity in specific preservation projects; 58 59 (3) Membership in a local historic preservation organization or on a board of a 60 historic property 61 62 (4) Membership in the National Trust for Historic Preservation; 63 64 (5) Having renovated and lived in a historic building attended at least one 65 preservation -related conference or workshop; or 66 67 (6) Having served at least one (1) term on a local historical review board or 68 architectural review board at the time of appointment or reappointment. 69 70 71 COMMENT 72 73 The ordinance establishes the duties of the Historical Review Board by reference to City Zoning 74 Ordinance Section 1303, which sets forth the provisions regarding Certificates of Appropriateness, and the 75 terms and qualifications of the members of the Board. 76 77 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 78 BEACH, VIRGINIA: 2 79 :0 81 82 83 .- 85 .. 87 .. :• .0 91 92 93 94 95 That this ordinance shall supersede that certain Resolution numbered Item #6849, adopted by the City Council on the 4th day of March, 1974. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of .20 . APPROVED AS TO CONTENT: CA -12501 September 3, 2013 R-4 APPROVED AS TO LEGAL SUFFICIENCY- ` Aw7 City Attorney's Office 3 1 A RESOLUTION AUTHORIZING THE MAYOR TO MAKE 2 APPLICATION ON BEHALF OF THE CITY TO THE VIRGINIA 3 DEPARTMENT OF HISTORIC RESOURCES FOR 4 CERTIFICATION OF VIRGINIA BEACH AS A CERTIFIED 5 LOCAL GOVERNMENT 6 7 Whereas, the National Historic Preservation Act of 1966 establishes a program for 8 the preservation of historic properties throughout the United States; and 9 10 One component of such program is the Certified Local Government (CLG) program, 11 which establishes a partnership between the federal government and states pursuant to 12 which a state may designate as a Certified Local Government a locality that has put key 13 elements of a sound local historic preservation program in place in its community; and 14 15 WHEREAS, the goals of the Virginia CLG Program are to promote viable 16 communities through historical preservation, to recognize and reward communities with 17 sound local preservation programs, and to establish uniform standards applicable to all 18 localities in Virginia for certification of local historic preservation programs; and 19 20 WHEREAS, the Virginia Department of Historic Resources (VDHR) is the agency of 21 the Commonwealth of Virginia that certifies local government historic preservation 22 programs and otherwise administers the CLG Program; and 23 24 WHEREAS, if certified as a CLG, the City would be entitled to: 25 26 1. Assume a formal role in the state and national historic preservation programs 27 in the identification, evaluation, and protection of the City's heritage 28 resources; 29 30 2. Comment on the eligibility of historic resources nominated for listing in the 31 National Register of Historic Places; 32 33 3. Receive technical assistance from the VDHR and the National Park Service; 34 35 4. Network with other CLGs and share experiences, concerns, and potential 36 solutions to problematic issues; 37 38 5. Apply for matching grants for preservation programs from a ten per cent 39 (10%) share of Virginia's annual federal appropriation; 40 41 6. Gain free and full access to the Virginia Cultural Resource Inventory System 42 (V-CRIS); 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 7. Receive stipends to selected preservation conferences and workshops; 8. Be considered automatically for the VDHR Cost Share Program funding for survey projects in which CLG grant funding is unavailable; and 9. Be a "consulting party" in projects requiring review pursuant to Section 106 of the National Historic Preservation Act; and WHEREAS, it is the sense of the City Council that the residents of and visitors to the City of Virginia Beach would benefit from the City's certification as a CLG and that the benefits of such certification would provide significant assistance to the City in its ongoing historic preservation efforts, and that application for certification as a CLG should therefore be made to the VDHR; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Mayor is hereby authorized to make application to the Virginia Department of Historic Resources on behalf of the City for certification of the City of Virginia Beach as a Certified Local Government. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager shall provide all such assistance in submitting such application and supporting materials as may be necessary or advisable. Adopted by the City Council of the City of Virginia Beach on the day of , 2013. APPROVED AS TO CONTENT Planning CA -12843 R-1 November 19, 2013 APPROVED AS TO LEGAL SUFFICIEN Y: City Attorney's Office 2 K. APPOINTMENTS BAYFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 12/3/13 st PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8: 30 A. M. -5: 00 P. M. Monday, January 6th' and Tuesday, January 7 th, 2014 2013 CITY HOLIDAYS Christmas Eve (half--dt�l) - 'Tuesday, Deceinher 24 Christmas Dtq - Wednesda.v, December 25