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Home My WebLink AboutFEBRUARY 11, 2014 AGENDACITY COUNCIL A64 YOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LO(IIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.6., Al Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kentpsville - District 2 JOHN E. UHRIN Beach — District 6 ROSEMARY WILSON, At Large .JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE (YI'Y ATTORNEY MARK D. STILES ('lTY ASSESSOR - JERALD D. BANAGAN ('ITY Af1DITOR — LYNDON S. REMIAS (TTY CLERK RU11-1 HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 11 February 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com CITY MANAGER'S BRIEFINGS - Conference Room - A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police Department B. LESNER BRIDGE BID and FUNDING ANALYSIS Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF THE CITY COUNCIL 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 Les Smith Senior Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014 2. INFORMAL and FORMAL SESSIONS JANUARY 28, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM Amateur Athletic Union (AAU) National Championship — Runner-up Dwayne Lowry, Coach I. BID OPENING 1. LEASE OF CITY -OWNED PROPERTY Princess Anne Commons "Baseball Park" J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. Princess Anne Commons "Baseball Park" b. 3315 Atlantic Avenue - Cafe Franchises 2. EXCESS CITY -OWNED PROPERTY a. 108 Bob Lane b. Dam Neck and Landstown Roads - YMCA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§2-345 and 2-346 re Public Records Management b. §23-51 re requirements for Tattoo Artists 2. Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton Roads DISTRICT 7 — PRINCESS ANNE b. Sale at 108 Bob Lane to Grover J. Davis DISTRICT 6 — BEACH 3. Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural Use" 4. Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State Tourism Gap Financing program 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Lease at Princess Anne and Landstown Roads to Virginia Beach Professional Baseball (VBPB) re a baseball complex within Princess Anne Commons b. A Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and its member localities re the Regional Wet Weather Management Plan c. A Deed of Release and Exchange re an Agricultural Lands Preservation (ARP) easement for the Ralph Lee Frost family at Land of Promise and Blackwater Roads DISTRICT 7 — PRINCESS ANNE d. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores 6. CAPE HENRY LIGHTHOUSE Phase II restoration project: a. Resolution to AUTHORIZE and EXECUTE Agreements re: Administration b. Ordinance to ACCEPT and APPROPRIATE $200,000 7. Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re Open Air Cafes at 3315 Atlantic Avenue 8. Resolutions re the Virginia Department of Transportation (VDOT) Urban Maintenance payments: a. ACCEPT additional streets b. CORRECT Road Inventory 9. Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm January 28-31, 2014 10. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 11. Ordinances to ACCEPT and APPROPRIATE: a. $50,000 from the Virginia Department of Emergency Management to the Office of Emergency Management b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority c. $473,150 from the Virginia Department of Transportation (VDOT) re urban maintenance and resurfacing L. PLANNING 1. Application of MARK E. THOMASSY and 106 62ND STREET for a Change in a Nonconforming Use re addition of an elevator at 106 62nd Street DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 2. Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES — HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 3. Application of LOTSALISA, LLC for Modification of a Conditional Use Permit, re development of a Wawa Convenience Store with fuel pumps, car wash and convenience store at 1600 General Booth Boulevard DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code: DISTRICT 6 — BEACH a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue RECOMMENDATION: APPROVAL 5. Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST re property at West Neck and North Landing Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from 0-2 Agricultural to Conditional R -5S Residential b. Modification of a Conditional Use Permit re sale of property to MG Homes, LLC for residential development RECOMMENDATION: APPROVAL 6. Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from Conditional 0-1 Office to Conditional B-1 Neighborhood Business b. Conditional Use Permit re a retail "specialty shop" RECOMMENDATION: APPROVAL 7. Application of CITY OF VIRGINIA BEACH to AMEND §401 of the City Zoning Ordinance (CZO) re Farm Stands in Agricultural Districts. RECOMMENDATION: APPROVAL M. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ***************************** 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 HOLIDAYS ilten orial Day - illonlrry, ;Ylay 26 Independence Uay - Friday, July 4 Labor Day - illonday, September 1 Geteruns Day - Tuesday, ,,Vovenrher II Thanksgiving Day and Dai, after Thanks,giving — Thursdal', November 27 and Friday, `Voi'ember 28 Christmas Eve (half- Iai) - Wednesday, December 24 Christmas Daly - Thursday, December 25 I. CITY MANAGER'S BRIEFINGS A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police Department - Conference Room - 4:00 PM B. LESNER BRIDGE BID and FUNDING ANALYSIS Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014 2. INFORMAL and FORMAL SESSIONS JANUARY 28, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM Amateur Athletic Union (AAU) National Championship — Runner-up Dwayne Lowry, Coach I. BID OPENING 1. LEASE OF CITY -OWNED PROPERTY Princess Anne Commons "Baseball Park" J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. Princess Anne Commons "Baseball Park" b. 3315 Atlantic Avenue - Cafe Franchises 2. EXCESS CITY -OWNED PROPERTY a. 108 Bob Lane b. Dam Neck and Landstown Roads - YMCA PUBLIC NOTICE Bids for Lease of City Property Notice is hereby given that bids shall be received for the lease of City - owned property located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (Portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-9673), containing up to 120 acres. Said property shall be used for the purpose of constructing, operating and maintaining a professional baseball stadium, tournament fields and sports -related commercial/retail space. A copy of the proposed ordinance is on file and available for inspection during normal business hours in the office of the City Clerk. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, to be held in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center, on February 11, 2014, at 6:00 P.M., and after the reading of bids, Council will obtain public comments on the proposed lease and consider the ordinance awarding the aforesaid lease. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Any questions concerning this matter should be directed to Barbara Duke, Virginia Beach Department of Parks & Recreation, (757) 385-4310. Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 2 & 9, 2014 23941445 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, February 11, 2014, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City -owned property: Property located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (Portions of GPINs: 1484-87-9998, 1484-86- 9245, 1484-87-1819 and 1494-24-9673) consisting of up to 120 acres, for the purpose of constructing, operating and maintaining a professional baseball stadium, tournament fields and sports -related commercial/retail space. Any questions concerning this matter should be directed to Barbara Duke, Virginia Beach Department of Parks & Recreation, (757) 385-4310. 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. Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 2, 2014 23941459 PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on February 11, 2014 in the City Council Chamber regarding the proposed cafe franchise lease of city - owned property located at the following locations: 1. 3315 Atlantic Avenue, to PHR Food Services, LLC, t/a Hilton Garden Inn Boardwalk Cafe 2. 3315 Atlantic Avenue, to PHR Food Services, LLC, t/a Hilton Garden Inn Connector Park Cafe The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above - referenced franchise should be directed to Mike Eason, SGP/Resort Management Office, by calling (757) 385-4800. Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 2 & 9, 2014 23942158 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City -owned property, Tuesday, February 11, 2014, 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 108 Bob Lane (GPIN 2407-74-2417). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). 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 Feb. 2, 2014 23940716 PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, February 11„ 2014, at 6:00 P.M., in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and sold or otherwise conveyed to the YMCA of South Hampton Roads: Approximately 10.35 acres located at the intersection of Dam Neck Road and Landstown Road. (Part of GPINs: 1484-79-2884 and 1484- 79-2434) Any questions concerning this matter should be directed to the Dept. Parks & Recreation, Municipal Center, Bldg. 21, Virginia Beach, VA 23456, (757) 385-1100. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon February 2, 2014 23943493 K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§2-345 and 2-346 re Public Records Management b. §23-51 re requirements for Tattoo Artists 2. Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton Roads DISTRICT 7 — PRINCESS ANNE b. Sale at 108 Bob Lane to Grover J. Davis DISTRICT 6 — BEACH 3. Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural Use" 4. Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State Tourism Gap Financing program 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Lease at Princess Anne and Landstown Roads to Virginia Beach Professional Baseball (VBPB) re a baseball complex within Princess Anne Commons b. A Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and its member localities re the Regional Wet Weather Management Plan c. A Deed of Release and Exchange re an Agricultural Lands Preservation (ARP) easement for the Ralph Lee Frost family at Land of Promise and Blackwater Roads DISTRICT 7 — PRINCESS ANNE d. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores 6. CAPE HENRY LIGHTHOUSE Phase II restoration project: a. Resolution to AUTHORIZE and EXECUTE Agreements re: Administration b. Ordinance to ACCEPT and APPROPRIATE $200,000 7. Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re Open Air Cafes at 3315 Atlantic Avenue 8. Resolutions re the Virginia Department of Transportation (VDOT) Urban Maintenance payments: a. ACCEPT additional streets b. CORRECT Road Inventory 9. Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm January 28-31, 2014 10. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 11. Ordinances to ACCEPT and APPROPRIATE: a. $50,000 from the Virginia Department of Emergency Management to the Office of Emergency Management b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority c. $473,150 from the Virginia Department of Transportation (VDOT) re urban maintenance and resurfacing CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-345 and 2-346 of the City Code Pertaining to Public Records Management MEETING DATE: February 11, 2014 • Background: State law requires the City to have a records manager. In 1988, City Council adopted City Code §§ 2-341 to 2-347. In the decades that have followed, technologies and terminologies have evolved, but the language of the Code has not. • Considerations: City Code § 2-345 currently provides that the "superintendent of records and micrographics" is designated as the City's records manager. This ordinance replaces that dated reference with the term "public records coordinator," which is the current title of the City's records manager. Additional housekeeping changes are made to Code § 2-346. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. • Public Information: Public information will be provided by the regular City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: SF (/‘41/ 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 345 AND 2-346 OF THE CITY CODE 3 PERTAINING TO PUBLIC RECORDS 4 MANAGEMENT 5 6 SECTIONS AMENDED: §§ 2-345 AND 2-346 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-345 and 2-346 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and ordained to read as follows: 13 Sec. 2-345. Records manager; duties. 14 The - - - - - - - - public records coordinator is 15 hereby designated as records manager, who shall be responsible for the 16 implementation of the records management program. 17 Sec. 2-346. Duties of department heads; records officers. 18 (a) It shall be the duty of the department directors to cooperate with the city 19 manager in implementing the records management program; provided, that nothing in 20 this article shall be construed to require the removal of city records from the custody of 21 a department director when such records are deemed necessary in or for the 22 performance of the duties imposed upon such director by statute or ordinance. 23 (b) Each department director shall designate an employee of his department 24 to act as records o fig representative, who shall report directly to the director of his 25 department and shall be responsible for coordinating the records management program 26 of his department, for cooperating with the records manager in ensuring compliance 27 with the records management program, and for monitoring compliance with records 28 retention and disposition schedules for the records of his department. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Libraries City Attorney's Office CA12854 R-2 January 15, 2014 [ CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: Amend City Code Section 23-51 re Requirements for Tattoo Artists MEETING DATE: February 11, 2014 • Background: The current provisions of City Code Section 23-51(e) provide that tattoo operators annually provide proof to the Health Department that they have received a tuberculosis assessment or PPD skin test and a completed hepatitis B series by a competent medical authority approved by the director of public health. Such requirements are considerably more stringent than those of most localities regulating tattoo parlors. A tattoo operator in the local area has requested that the City amend City Code Section 23-51 to read as set forth in the proposed ordinance, and Councilmember Uhrin thereafter requested the City Attorney to look into the advisability of amending the ordinance. The City Attorney requested the Director of the City's Department of Public Health to provide an opinion as to the potential health and safety issues raised by the proposed amendment, and the Director responded that the proposed amendments "will not pose any public health risk to residents of, or visitors to, the City." • Considerations: The proposed amendment would require that tattoo artists provide one of the following to the department of public health: (1) proof of completion of the full Hepatitis B vaccine; (2) proof of Immunity by blood titer; or (3) a written declination of refusal of the full Hepatitis vaccine. The Director of the City's Department of Public Health has stated that there is no evidence in the medical, evidence -based scientific literature to support the current, more stringent, regulation regarding the Hepatitis B vaccination or the need for a tuberculosis assessment based upon the occupation of tattoo artists. In addition, the proposed amendment aligns with the Occupational Safety and Health Administration's (OSHA) blood-borne pathogen standards and is identical to the applicable regulations of the Commonwealth of Virginia. • Public Information: Advertisement as an ordinary agenda item; so special form of advertising is required. • Recommendations: In light of the information provided by the City's Director of Public Health and that fact that the proposed language conforms to both OSHA standards and State regulations, adoption of the proposed amendment is recommended. • Attachments: Amendment to City Code Section 23-51(e) Recommended Action: Adoption Submitting Department/Agency: Requested by Councilmember John E. Uhrin City Manager: e. k . ( 04' REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 23-51 OF THE CITY 3 CODE, PERTAINING TO REQUIREMENTS 4 FOR TATTOO ARTISTS 5 Sections Amended: City Code Section 23-51 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 23-51 of the City Code, pertaining to tattooing and tattoo artists, is 10 hereby amended and reordained, to read as follows: 11 Sec. 23-51. Tattooing and tattoo parlors. 12 13 14 to the department of public health_ 15 16 17 18 19 20 21 22 23 24 25 The amendments replace the current requirements that tattoo artists annually provide to 26 the Health Department certain proof relating to tuberculosis and Hepatitis B with the provisions set 27 forth in subdivisions (1) through (3). The Health Department has reviewed the proposed 28 amendments and determined that they will not compromise the health or safety of the public. (e) Every tattoo artist shall provide one of the following (1) Proof of completion of the full Hepatitis B vaccine; (2) Proof of Immunity by blood titer; or (3) Written declination of refusal of the full Hepatitis vaccine. COMMENT Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Approved as to Legal Sufficiency: City Attorney's Office CA -12881 January 17, 2014 R-1 ITEM: An Ordinance (1) Declaring 10.35+/- Acres of Land Located at the Intersection of Dam Neck and Landstown Roads to be in Excess of the City's Needs, and (2) Authorizing the Dedication of Same to the YMCA of South Hampton Roads MEETING DATE: February 11, 2014 • Background: The City of Virginia Beach (the "City") owns two parcels of land located the intersection of Dam Neck and Landstown Roads (GPINs: 1484-79-2884 and 1484-79-2434), consisting of approximately 10.35 acres (the "Property"). YMCA of South Hampton Roads ("YMCA") desires to construct and operate a community facility offering recreational and educational programs to serve the community, including an approximately 40,000 - 45,000 sq. ft. community facility and a 50 -meter competition pool on the Property (the "Project"). The City and YMCA came to a shared understanding regarding each party's obligations and responsibilities in connection with the Project, which are set forth in a Term Sheet dated June 1, 2011 (the "Term Sheet"). On June 14, 2011, City Council approved the Term Sheet by Ordinance ORD -3183F. The City and YMCA have negotiated modifications of the Term Sheet to remove the requirement for an architectural membrane covering the 50 -meter competition pool, and to extend the date to commence construction to June 1, 2014. On December 10, 2013, City Council approved the modifications to the Term Sheet, by Ordinance ORD -3320G (the "Modified Term Sheet"). YMCA and City staff have negotiated the terms and conditions of a Development Agreement (the "Development Agreement"), by which the Property would be dedicated to YMCA in connection with the Project. A summary of terms setting forth the elements of the Project is attached to the Ordinance as Exhibit A (the "Summary of Terms"). • Considerations: The terms of the dedication are the same as presented in the Amended Term Sheet with the addition of (i) the ability of the YMCA to lease a portion of the Property at a nominal amount to another non-profit for activities consistent with the YMCA's mission such as early childhood development activities, and (ii) addition of deed restrictions and a reverter to restrict the use of the Property to non-profit uses consistent with the mission of the YMCA. As set forth in the Modified Term Sheet, the YMCA will endeavor to ensure that low and moderate income families and children residing in the Princess Anne area and surrounding neighborhoods in the City have membership and program opportunities by providing scholarship assistance through the YMCA's Sliding Scale program. Prior to effectuating the transaction set forth in the Modified Term Sheet and the Development Agreement, the City Council must vote to declare the Property excess and authorize the conveyance to the YMCA, as contemplated by the Agreement. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. • Public Information: Advertisement of the public hearing for the proposed conveyance of City -owned property in The Virginian Pilot. Advertisement of City Council Agenda. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by City Council. • Recommendations: Declare the Property excess and authorize the City Manager to execute all necessary documents to convey the Property to the YMCA and effectuate the proposed Project, subject to the terms and conditions in the Summary of Terms, and such other terms, conditions or modifications as may be satisfactory to the City Council. • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Dept. of Parks and Recreation City Manage \\vbgov. com\DFS I \Applications\CityLawProd\cycom32\Wpdocs\D023\P015\00054754. DOC 1 AN ORDINANCE (1) DECLARING 10.35+/- ACRES 2 OF LAND LOCATED AT THE INTERSECTION OF 3 DAM NECK AND LANDSTOWN ROADS TO BE IN 4 EXCESS OF THE CITY'S NEEDS, AND (2) 5 AUTHORIZING THE DEDICATION OF SAME TO 6 THE YMCA OF SOUTH HAMPTON ROADS 7 8 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land 9 located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884 10 and 1484-79-2434), consisting of approximately 10.35 acres (the "Property"); 11 12 WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and 13 operate a community facility offering recreational and educational programs to serve the 14 community, including a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool 15 on the Property (the "Project"); 16 17 WHEREAS, the City and YMCA came to a shared understanding regarding each 18 party's obligations and responsibilities in connection with the Project, which are set forth 19 in a Term Sheet dated June 1, 2011 (the "Term Sheet"). On June 14, 2011, City Council 20 approved the Term Sheet by Ordinance ORD -3183F; 21 22 WHEREAS, the City and YMCA have negotiated modifications of the Term 23 Sheet, and on December 10, 2013, City Council approved the modifications, by 24 Ordinance ORD -3320G; 25 26 WHEREAS, YMCA and City staff have negotiated the terms and conditions of a 27 Development Agreement (the "Development Agreement"), by which the Property would 28 be dedicated to YMCA in connection with the Project. A summary of terms setting forth 29 the elements of the Project is attached hereto as Exhibit A (the "Summary of Terms"); 30 and 31 32 WHEREAS, the City Council is of the opinion that the Property is in excess of the 33 City's needs and conveyance of the Property to YMCA, in accordance with the terms set 34 forth in the Summary of Terms, would allow for the development of a community asset 35 on the Property for the benefit of the citizens of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the 10.35+/- acres of land located at the intersection of Dam Neck and 41 Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434) (the "Property"), is hereby 42 declared to be in excess of the needs of the City of Virginia Beach. 43 44 2. That the City Manager is hereby authorized to execute the Development 45 Agreement and any and all other documents necessary to convey the Property to YMCA, 46 so long as such documents are in substantial conformity with the Summary of Terms, 47 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions 48 or modifications as may be acceptable to the City Manager and in a form deemed 49 satisfactory by the City Attorney. 50 51 This Ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 of , 2014. APPROVE A 0 CONTENT: of Parks and Recreation CA12772 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\0030\P011 \00013007.DOC R-1 January 16, 2014 PROPERTY OWNER: DEVELOPER: PROPERTY: EXHIBIT A SUMMARY OF TERMS Declare 10.35+/- Acres of Land in Excess of the City's Needs and Dedicate Same to the YMCA of South Hampton Roads City of Virginia Beach (the "City") YMCA of South Hampton Roads ("YMCA") 10.35+/- acres of City -owned land located at the intersection of Dam Neck and Landstown Roads (GPINs: 1484-79-2434 and 1484-79-2884) EXISTING TERMS: • City to dedicate a portion of the Property to the YMCA "as -is" and subject to certain restrictions. • YMCA to construct and operate a facility for recreational and educational programs and services to the community (the "Project"). • Project to include an approximately 40,000 - 45,000 sq. ft. community facility, and a 50 -meter outdoor competition pool, without being covered by an architectural membrane at this time. • YMCA will endeavor to ensure that low and moderate income families and children residing in the Princess Anne area and surrounding neighborhoods in the City have membership and program opportunities by providing scholarship assistance through the YMCA's Sliding Scale program. • Project design and construction to be consistent with the Princess Anne Commons Design Guidelines. • All Project design and construction plans must be reviewed and approved by the City. • Project construction to start on or before June 1, 2014. ADDITIONAL TERMS • YMCA to have the right to lease a portion of the property at nominal rent to another non-profit for activities consistent with the YMCA's mission such as the provision of early childhood development services. CITY PROTECTIONS: • Deed conveying Property to YMCA to contain standard provisions regarding restrictions on resale and reverter to City to ensure the Property is only used for purposes consistent with the non-profit mission of the YMCA. • Other than contribution of land, City not responsible for any costs associated with the Project. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 108 Bob Lane (GPIN 2407-74- 2417) to be in excess of the City's needs and authorizing the City Manager to sell the property to Grover J. Davis. MEETING DATE: February 11, 2014 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 108 Bob Lane (the "Property") on October 12, 2011 for $180,000. At the time of acquisition, the Property was improved with a developed duplex. The structure has been demolished. Grover J. Davis owns the adjacent property at 112 Bob Lane. Mr. Davis proposes to purchase the Property for $6,222 ($1/SF) and resubdivide the two properties into one residential lot. Additional dwelling units will be prohibited. • Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. Mr. Davis' offer of $1 per square foot is consistent with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $6,222 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $3,111 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. • Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works v. �"FG1J{1 L) City Manager: 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 108 BOB LANE 3 (GPIN 2407-74-2417) TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE 6 PROPERTY TO GROVER J. DAVIS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 6,222 sq. ft. parcel of land located at 108 Bob Lane (the "Property") more 10 particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, the Property is in the midst of other residences and at the 20 time of acquisition was improved with a developed duplex that has since been 21 demolished; 22 23 WHEREAS, Grover J. Davis (the "Buyer") owns the adjacent property, and 24 he has requested to purchase the Property in order to utilize it in a manner compatible 25 with the APZ-1 Ordinance; 26 27 WHEREAS, the Buyer desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Buyer; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 108 Bob Lane is hereby declared to be in 41 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 42 authorized to execute any documents necessary to convey the Property to Grover J. 43 Davis in accordance with the Summary of Terms attached hereto as Exhibit "B" and 44 such other terms, conditions or modifications as may be acceptable to the City 45 Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that revenue from the sale of the Property in the amount of 48 $6,222 ahall be received and fifty (50) percent of this amount shall be appropriated to 49 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 50 percent shall be deposited for future payment by the City Manager to refund the 51 Commonwealth's portion in accordance with the grant agreement. A manual 52 encumbrance will be established to ensure that the $3,111 retained by the City will be 53 available for BRAC program acquisitions in future years per the agreement with the 54 Commonwealth. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of , 2014. CA12771 R-1 1/27/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d009\p018\00104828.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT Q - (2) Management Services 1 EXHIBIT "A" GPIN 2407-74-2417 (108 Bob Lane) ALL THAT certain lot, piece or parcel of land, together with the privileges and appurtenances thereunto belonging, being or near "Oceana" in Lynnhaven Borough, in the City of Virginia Beach, Virginia, and designated and described as Lot Ninety- three (93), as shown on that certain plat entitled "Plat B of additional lots, West Oceana Gardens", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 34, at page 49. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed dated October 12, 2011 from Eugene Melvin Raines and Faye Davis Raines, Trustees of the Eugene Melvin Raines and Faye Davis Raines Revocable Living Trust, established June 9, 1989, recorded in aforesaid Clerk's Office as Instrument Number 20111012001050930. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 108 BOB LANE Seller: City of Virginia Beach Buyers: Grover J. Davis Property: 108 Bob Lane (GPIN: 2407-74-2417) consisting of 6,222 square feet of vacant land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $6,222 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 4 of the Agricultural Lands Preservation Ordinance, Pertaining to the Definition of the Term "Agricultural Use" MEETING DATE: February 11, 2014 • Background: The current Agricultural Lands Preservation Ordinance (a/k/a ARP Ordinance) limits allowable uses on ARP property to those specifically included within the definition of the term "agricultural use" in Section 4 of the Ordinance. The City Council will consider amendments to the City Zoning Ordinance provisions regulating farm stands on the above date, and if those amendments are adopted, the Council would also consider this ordinance, which would amend the ARP Ordinance to allow the allowing the activities contemplated by the CZO amendments to be carried out on ARP property. • Considerations: The proposed Ordinance would allow the following activities on ARP property in addition to those uses currently allowed: • farm stands greater than two thousand, five hundred (2,500) square feet in area, exclusive of rest rooms and hand -washing facilities allowed under section 401(a) of the City Zoning Ordinance; and • educational activities allowed under section 401(c) of the City Zoning Ordinance. • Public Information: Advertised an ordinary agenda item. The matter, as well as the related CZO item, has been the subject of a meeting of the Agricultural Advisory Commission. • Alternatives: If the City Council declines to adopt the concurrent CZO amendments concerning farm stands, this ordinance should not be acted upon. Even If the farm stand amendments are adopted, the City Council may decline to adopt this ordinance; such action, however, would be counter to the recommendation of the Agricultural Advisory Commission and the recommendations of City Staff. • Recommendations: The proposed ordinance expands the uses allowed on ARP property only to larger farm stands than are currently allowed and to educational activities related to agriculture. Both the Agricultural Advisory Commission and the Staff recommend approval of this ordinance, assuming the City Council adopts the concurrent amendments to CZO section 401, pertaining to farm stands. • Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: 6'21 1 AN ORDINANCE TO AMEND SECTION 4 OF THE 2 AGRICULTURAL LANDS PRESERVATION 3 ORDINANCE, PERTAINING TO THE DEFINITION OF 4 THE TERM "AGRICULTURAL USE" 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 4 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH: 12 13 That Section 4 of the Agricultural Lands Preservation Ordinance, pertaining to 14 the definition of the term "agricultural use," is hereby amended and reordained to read 15 as follows: 16 17 Sec. 4. Definitions. 18 19 20 21 (d) Agricultural use means the bona fide production of crops, animal or fowl, 22 including, but not limited to, the production of fruits, vegetables, honey, grains, meat, 23 poultry and dairy products; the raising of livestock and poultry; and the production and 24 harvest of products from horticultural, silvicultural or aquacultural activity. The term also 25 includes (i) the repair, expansion or replacement of no more than one bona fide dwelling 26 occupied by the landowner or tenant as of the date of application for entry in the 27 agricultural reserve program and no more than one freestanding mobile home, as 28 permitted by section 19-19 of the City Code; (ii) accessory or conditional uses directly 29 related to agricultural activities conducted on the same property, including the sale of 30 agricultural products permitted by section 401(b) of the City Zoning Ordinance: and dog 31 kennels, riding academies, horses for hire or boarding of horses and farm stands 32 greater than two thousand, five hundred (2,500) square feet in area, exclusive of rest 33 rooms and hand-washing facilities allowed under section 401(a) of the City Zoning 34 Ordinance; (iii) educational, recreational and amusement activities allowed under 35 section 401(c) of the City Zoning Ordinance; and (iv) septic tanks and drainfields 36 approved by the health department and which cannot be located within an area not 37 encumbered by an agricultural land preservation easement. The term does not include 38 the processing of agricultural, silvicultural, horticultural or aquacultural products, except 39 as an accessory use. 40 41 42 43 COMMENT 44 45 The amendments add to the definition of the term "agricultural use" farm stands greater 46 than 2,500 square feet in area, exclusive of rest rooms and hand -washing facilities, and educational 47 activities meeting the requirements of Section 401(c) of the City Zoning Ordinance. The import of 48 the amendments is that those activities would be allowed on property in the Agricultural Reserve 49 Program. 50 51 Adopted by the City Council of the City of Virginia Beach, Virginia on the 52 of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: 14/S2--- /4 Agriculture Department City Attorney's Office CA -12829 R-1 October 24, 2013 2 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Endorse a Tourism Project and Authorize Other Actions Consistent with the State Tourism Gap Financing Program MEETING DATE: February 11, 2014 • Background: On March 13, 2012, the City Council created a Tourism Zone and a process (the "Policy") for evaluation of applications to utilize the Virginia Tourism Gap Financing Program authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1-3851.1. The Historic Cavalier Hotel and Cavalier Oceanfront Hotel restoration and development (the "Projects") was the subject of an ordinance adopted on July 3, 2013. Among other things, the ordinance approved a term sheet, and the term sheet included the City's support for a future application for the Projects to participate in the Gap Financing Program. The developer, Cavalier Associates, LLC, has submitted the application and financial information to the City. The amount of financing requested is $18,000,000. • Considerations: After submission of the application, City staff undertook a review of the applicable facts contained therein. Based upon the representations of Cavalier Associates, the Projects: (a) include a minimum capital investment of $30 million; (b) when complete, will provide taxable sales of at least $1 million annually; (c) when complete, will increase year-round employment; (d) fill a void identified in the City's Resort Area Strategic Action Plan; (e) are located in the City's Tourism Zone; and (f) has submitted proof of the need for gap financing to the satisfaction of the City's Director of Finance. The attached ordinance is required prior to forwarding the application of Cavalier Associates to the Virginia Tourism Corporation (the "VTC"). Upon approval by the VTC, the City and the City of Virginia Beach Development Authority are required to enter into a performance agreement. A summary of the material terms of such agreement is attached. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. • Public Information: Public information will be provided through the normal Council agenda process. The Council was briefed in Informal Session on December 10, 2013, and a public hearing was conducted at Formal Session on January 14th • Attachments: Ordinance; City Council Policy: "Guidelines for Tourism Project Gap Financing Program;" Map; Tourism Development Plan; and Summary of Terms of the Performance Agreement. Recommended Action: Approval Chesapeake Bay Gateways Grant Page 2 of 2 Submitting Department/Agency: SGA Office and Finance Departme City Manager: 1 AN ORDINANCE TO ENDORSE A 2 PROPOSED TOURISM PROJECT AND 3 AUTHORIZE OTHER ACTIONS 4 CONSISTENT WITH THE STATE TOURISM 5 GAP FINANCING PROGRAM 6 7 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism 8 by which a tourism project may receive certain revenue streams to pay "gap financing" 9 as that term is defined by the Statute; and 10 11 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the 12 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the 13 "RASAP"); and 14 15 WHEREAS, the RASAP identifies a need for transitioning older hotels along the 16 oceanfront to higher quality accommodations and building inventory that promotes year - 17 round visitation; and 18 19 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a 20 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a 21 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the 22 "Policy"); and 23 24 WHEREAS, the entitlement to revenues established by the Statute does not 25 create debt of the State, the City, or the City of Virginia Beach Development Authority 26 ("VBDA"); and 27 28 WHEREAS, the City has received an application from Cavalier Associates, LLC, 29 (the "Developer") requesting financing assistance pursuant to the Statute and the 30 Policy; and 31 32 WHEREAS, the application includes two separate projects: the Historic Cavalier 33 Hotel; and the Oceanfront Cavalier Hotel (collectively, the "Projects"), which collectively 34 request assistance in a funding gap of $18,000,000, which is 12.4% of the projected 35 cost of the Projects; and 36 37 WHEREAS, the Projects are located within the Zone; and 38 39 WHEREAS, the premises of the Projects are described more particularly in the 40 map attached hereto as Exhibit A; and 41 42 WHEREAS, the City staff has reviewed the application from the Developer and 43 finds the Projects to have the following attributes described in Section 5.2 of the Policy: 44 (a) a minimum capital investment of $30 million; (b) when complete, will provide taxable 45 sales of at least $1 million annually; (c) when complete, will increase year-round 46 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e) 1 47 is located in the City's Tourism Zone; and (f) has submitted proof of the need for gap 48 financing to the satisfaction of the City's Director of Finance; and 49 50 WHEREAS, the City has submitted to the Virginia Tourism Corporation a 51 development plan (the "Tourism Development Plan") as required by the Statute, a copy 52 of such plan is attached hereto as Exhibit B; and 53 54 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will 55 be required to execute a performance agreement, a summary of the material terms is 56 attached hereto as Exhibit C. 57 58 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA, THAT: 60 61 1. The Council endorses the Historic Cavalier Hotel and the Oceanfront Cavalier 62 Hotel as projects for purposes of the Statute, and accordingly, the Council finds that the 63 Projects meet a void identified in the City's RASAP and described in more particularity 64 in the Tourism Development Plan; 65 66 2. Subject to approval and certification by the Commonwealth of Virginia and 67 conditioned upon the execution of a performance agreement between the Developer, 68 the City, and the VBDA, the Council hereby designates to the Project and directs, 69 subject to appropriation of such funds to the VBDA, an amount equal to the revenues 70 generated by one percent local sales and use tax generated by transactions taking 71 place on the premises of the Projects be applied to the payment of the principal and 72 interest on the qualified gap financing for the Projects for the duration and the purposes 73 set forth the Statute; 74 75 3. Upon collection and quarterly remittance of revenues by the Commonwealth and 76 the access fee, as that term is defined by the Statute, by the Developer of the Projects, 77 the City will remit such amounts to the VBDA as required by the Statute; and 78 79 4. The City Manager is authorized and directed to take actions consistent with the 80 intent of this ordinance including, without limitation, execution of a performance 81 agreement between the Developer, the City, and the VBDA. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: /20,t/�i�f! l� �d.lCLf:Gy 1 �� kt-eA(LA �;� .1 rrategicDepartment Growth Area Office Finance De p 2 APPROVED AS TO LEGAL SUFFICIENCY: CA12851 R-1 January 7, 2014 3 SGA Office Exhibit B Cavalier Hotel Tourism Development Plan Section 1: Proposed Project 1-A: Briefly describe the overall scope and concept of your proposed project The project involves the preservation of the historic Cavalier Hotel, terrace lawn, and Cavalier Drive Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be transformed into a 90 — 100 room 5 star hotel and will be complemented with a new 300 room contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests. Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The contemporary hotel will offer 90 luxury suites 1-B: What perceived VOID in your local tourism economy will this proposed project fill? According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable. The preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover the current oceanfront hotel is a low -quality hotel. The oceanfront hotel would be replaced with a high quality hotel accommodating luxury suites. 1-C: Will this proposed project fit into an existing Tourism Zone? Yes 1-D: The proposed project will accomplish the following: Projected jobs created by this project = 220 year round and 330 seasonal (total peak 550) Projected local tax revenue = $17,950,102 (over ten years) 2-A: What attributes best describe your area: Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches, Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and SGA Office 1/9/14 2 conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront boardwalk walking, agricultural — Farmer's Markets and "Pick your Own." History/Heritage: Revolutionary, civil war, civil rights, Virginia Indian, African American, European American, War of 1812, Naval operations, and American colonization Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine dining, spa services, large convention center, and Edgar Casey Foundation. Sport/Recreation: Boating, sailing, canoeing, kayaking, fishing (fresh and salt), golf, hunting, biking, road cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium, tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial adventure park (opens 2014), and surfing Arts/Culture: Museums — marine science, fine art and aviation, historic homes, and colleges Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go carting, surfing championships, air shows, shopping malls, street entertainment, firework displays, amphitheater and fine art concerts. Do you offer seasonal or year-round experiences: Both Do you have a peak season: Summer 2-B: What are your major lures and drivers that attract tourists to your area? Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment and recreational venues, museums, golfing, surfing, water sports, fishing, shopping malls, historic homes and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state parks, shopping malls, and campgrounds. 2-C: What is your unique factor? What sets you apart from the competition? The City has a: • Historical hotel (Cavalier on the Hill) where Presidents, movie stars, and other dignitaries stayed • Historical marker indicating the place where the first Europeans landed in America before settling in Jamestown • Historic lighthouse authorized by President George Washington as one of the first federal government public infrastructures built • Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of aquatic animals and interactive exhibits SGA Office 1/9/14 • Psychic center featuring Edgar Cayce's (the Sleeping Prophet) lifetime work • 20,000 seat outdoor amphitheater featuring top entertainment acts • Military air museum with one of the largest WWI and WWII aircraft collections • Naval master jet base (only one on the east coast) for jet observations • Collection of historic homes for touring • An indoor skydiving facility (opens in 2014) 2-D: Who is your major competition? Myrtle Beach, SC and Ocean City, MD 3-A: Gauge your tourism infrastructure How would you rate your transportation? (excellent, average, or weak) Interstates: Weak Secondary roads: Average Signage: Average Bus travel: Average Train travel: Average Air travel: Average Waterways: Excellent Taxi service: Average Bike paths: Average How would you rate your environment? (strong, average, or weak) Air quality: Strong Noise levels: Average Traffic: Average Landfills: Strong Wetlands: Strong Public health: Average How would you rate your public services? (strong, average, or weak) Police force: Strong Healthcare: Average Public utilities: Strong Waste management: Strong SGA Office 1/9/14 Rescue support: Strong Communications: Strong Public parks/recreation: Strong 3-B: Gauge your tourism economy and business community How would you rate your accommodations? (strong, average, or weak) B&Bs: Weak Inns: Average Hotels: Average Resorts: Average Rental property: Average Cottages: Strong Cabins: Weak Campsites: Average How would you rate your facilities? (strong, average, or weak) Universities: Average Performing arts: Strong Outdoor parks: Strong Convention facilities: Strong Sporting venues: Strong Event spaces: Strong How would you rate your attractions? (strong, average, or weak) Shopping: Average Dining: Average Historic: Strong Museums/Aquarium: Strong Wineries: Weak Music festivals: Strong Zoos/animal parks: Weak Art galleries: Weak Nature trails & facilities: Average 3-B: Gauge your local social and cultural assets SGA Office 1/9/14 How would you describe your heritage and culture? (strong, average, or weak) Multi -cultural diversity: Geography: Architecture: Historical improvements: Language: Material culture: Aesthetics: Religious diversity: Average Strong Average Strong Average Average Average Average How would you describe your local flavor? (strong, average, or weak) Visitor friendly: Civic -mindedness: Respect for diversity: Political climate: Unity among civic groups: Local sports team support: University/college town: Strong Average Strong Average Average Average Weak How would you rate your integrity of the area? (strong, average, or weak) Safety: Cleanliness: Friendliness: Stability: Quality of life: Strong Strong Strong Average Strong 3-D: Gauge your top 3 strengths, weaknesses, opportunities and threats Strengths Pristine beaches Family friendly environment Safe community Threats Military oriented economy Lack of high-quality hotels Continual beach sand replenishment SGA Office 1/9/14 Weaknesses Not an international tourism destination Interstate congestion Year-round tourism Opportunities Youth retention High technology job creation Large entertainment venues 4-A: Existing market plan submission Resort Area Strategic Action Plan (RASAP) 4-B: Your marketing plan will have the following affects: Visitation increased by 50% (undetermined) Tourist expenditures increased by 60% (undetermined) Combined development and private sector investments of $10,000,000,000 (undetermined) Visitor satisfaction increased by 33% (estimate) Number of partnership participants in your marketing plan is undetermined SGA Office 1/9/14 EXHIBIT C SUMMARY OF TERMS PERFORMANCE AGREEMENT FOR (1) Historic Cavalier Hotel (2) Oceanfront Cavalier Hotel PARTIES: City of Virginia Beach City of Virginia Beach Development Authority Cavalier Associates, LLC TERM: Commencing with the signing of the agreement, until the "gap financing" is paid in full. However, the Performance Payments, as described in the Agreement, will not commence until the Project has transactions that are subject to state sales and use tax. STATUTORY AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing Program, and all requirements set forth in the Performance Agreement will be in conformity with this statute. RECOURSE/ DEBT The entitlement to certain revenues authorized by § 58-3851.1 does not create debt of the City, the VBDA, or the Commonwealth of Virginia (the "State"). Additionally, the performance agreement will affirmatively state that there is no recourse of the "gap financing" against the City, the VBDA, or the State. PERFORMANCE PAYMENT: If the Project is approved by the Virginia Tourism Corporation and certified by the State Comptroller as qualifying for such payments, the Agreement shall provide "Performance Payments" from the State, the City, and the Project. Each Performance Payment shall be equal to the revenue generated by one percent of the sales generated on the premises of the Project. The amount of the payments shall be provided quarterly based on an amount certified by the Virginia Tax Commissioner. METHOD OF PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State portion is remitted from the State Comptroller to the City. The City remits this amount to the Development Authority. METHOD OF PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City portion is remitted to the Development Authority. METHOD OF PAYMENT ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the amount certified quarterly by the Tax Commissioner. The access fee is remitted from the Developer to the City. The City remits this amount to the Development Authority. RESTRICTION ON USE OF FUNDS: The Development Authority sends quarterly payments directly to the financial institution in furtherance of the payment of the gap financing. However, no payment shall be sent until the Development Authority has all three portions attributable to the previous quarter. The only permitted use of the Performance Payments is for principal and interest on the "gap financing." The amount of the gap financing is $18,000,000 or 12.4% of the total project costs. In the event that the total amount of the Payments exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. City Council Policy Title: Guidelines for the Tourism Project Gap Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page 1 of 6 1.0 Purpose and Need To transform the Virginia Beach Resort from a seasonal venue to a year- round destination, private development will be necessary; however, some potential tourism projects have experienced difficulty obtaining the financing necessary to make the projects a reality. A means for bridging the financing gap was established by the General Assembly, codified as § 58.1-3851.1 of the Virginia Code. This program provides additional funding — in the form of cash flows — once projects are operational that may be directed to closing a fmancing gap between the debt and equity a developer currently has and the total financing required by a tourism project. This program may generally be referred to as "Tourism Project Gap Financing Program" or, as hereinafter referred to as, the "Program." 2.0 Policy Stat ment The purpose of this policy is: a) To provide guidance to City staff for the evaluation of proposed tourism projects that seek to utilize the Program; b) To signal to the development community the types of tourism projects that would be eligible for the Program and the various steps required for final approval; and c) To inform the broader community of the public purpose advanced by the Program. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page 2 of 6 3.0 Definitions 3.1 Gap Financing — debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourisrn project and the debt and equity capital provided by the developer of the project. Gap financing shall not exceed 20% of the total debt and equity required for a tourism project. 3.2 Performance Agreement — an agreement between the developer and development authority. The Performance Agreement shall affirmatively state that the Agreement does not create debt of the State or the City. The agreement has three functions. First, the Performance Agreement requires the developer to impose an "access fee" in the amount of 1% of all transactions occurring on the project premises. Second, the Performance Agreement establishes minimum performance requirements for the tourism project including capital investment, new jobs, or other measureable criteria. Third, the Performance Agreement sets forth the payment of the revenue streams in the amounts and for the purposes provided by § 58.1-3851.1 of the Virginia Code. 3.3 Tourism Development Financing Program — a program provided by the General Assembly allowing state tax, local tax, and private developer "access fee" revenue streams to be directed to gap financing. This Program does not allow the creation of new state or local debt either through debt issuance or loan guarantee(s). 3.4 Tourism Marketing Plan -- a strategic plan adopted by the City Council and required by Virginia Tourism Authority, which describes the City's action plan for tourism related development. 3.5 Tourism Zone — a zone designated by the City Council to encourage tourism related economic activities as provided by § 58.1-3851 of the Virginia Code. 3.6 Qualifying Tourism Project — a project that fills a void identified by the Tourism Development Plan, is located in the Tourism Zone, meets the approval of City staff based on the evaluation factors identified in this policy, has been endorsed, by ordinance by the City Council, has been approved by the Virginia Tourism Authority, and has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by § 58.1-3851.1 of the Virginia Code. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page 3 of 6 4.0 Row the Program Works 4.1 Debt Responsibility. The Program does not create State or City Debt. 4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use taxes generated on the tourism project premises. This amount is provided from the Tax Commissioner on a quarterly basis. The amount of the local tax portion and the "access fee" are equal to the amount provided by the Tax Commissioner. After the completion of all steps set forth herein, the flow of revenues is as follows: a) State Sales Taxes (certified by the Tax Commissioner) 4 State Comptroller remits these revenues to the City -i City remits to the Development Authority 4 Development Authority, pursuant to the Performance Agreement, pays to the Gap Financing. b) Local Taxes (in an amount equal to the amount certified by the Tax Commissioner) 4 City remits to the Development Authority 4 Development Authority, pursuant to the Performance Agreement, pays to the Gap Financing. c) "Access Fee" (imposed by project developer and memorialized in the Performance Agreement; in an amount equal to the amount certified by the Tax Commissioner) 4 Developer remits to the City -1 City remits to the Development Authority 4 Development Authority, pursuant to the Performance Agreement, pays to the Gap Financing. 4.3 Prerequisites. Section 58.1-3851.1 of the Virginia Code requires the following prerequisites: a) The City Council has to adopt a Tourism Marketing Plan. The Tourism Marketing Plan provides a description of the types of tourism projects the City desires as a matter of strategic priority. A Qualifying Tourism Project must fill a void identified by the Tourism Marketing Plan. b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project must be located in the Tourism Zone. c) To qualify for the Program, the project developer must demonstrate a shortfall in project funding between the expected development costs of the proposed tourism project and the debt and equity capital provided by the developer of the project. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page 4 of 6 This shortfall may not exceed 20% of the total project costs. Proof of such shortfall must be demonstrated in writing by a financial institution and meet the satisfaction of the City's Director of Finance. If this writing contains confidential information, it should be so marked for purposes of the Freedom of Information Act. 5.0 Process 5.1 Application - Developers seeking to utilize the Program shall submit an application to the City of Virginia Beach Strategic Growth Area Office. • The application will include project description, conceptual design, geographic parcel identification number (GPIN), anticipated economic impact, potential spin-off business synergy, effect upon tourism, competitive venues, risk factors, any Virginia Tourism Authority fees, as applicable, and potential remedies for risk. • The application must meet the three requirements set forth in subsection 4.3, supra. 5.2 Evaluation - Each application will be reviewed by a staff review committee. The review will determine whether the project: a) Has a minimum capital investment of $30 million; b) Will provide taxable sales in the amount of at least $ 1 million per year; c) Will increase year-round employment; d) Fills a void in the Tourism Marketing Plan; e) Is located in the Tourism Zone; f) The proof of the need for Gap Financing meets the approval of the City's Director of Finance; g) Does not require a prohibitive amount of City investment, including roadways, parking, and other infrastructure. 5.3 Briefing — After City staff have reviewed the application, a representative from the Strategic Growth Area Office or other related office will provide a briefing to the City Council. At this briefing, the Staff will require informal direction as to whether there is preliminary support for the proposed tourism project. If there is support by the City Council, Staff will provide a similar briefing to the Development Authority. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page 5 of 6 5.4 Development of a Performance Agreement — After preliminary approval by the City Council and the Development Authority, Staff and the tourism project developer will begin work on a Performance Agreement. The Performance Agreement will do the three functions described in Section 3.2, supra. Final execution of the Performance Agreement will be conditioned upon the project receiving approval by the Virginia Tourism Authority and certification by the State Comptroller as qualifying for the entitlement to tax revenues authorized by § 58.1-3851.1 of the Virginia Code. 5.5 Project Endorsement Ordinance — Prior to the completion of the Performance Agreement, City Staff will present an ordinance to the City Council. The ordinance will provide for the endorsement of the proposed tourism project by the Council and the willingness, subject to approval by the State and execution of the Performance Agreement, of the City to allow the project to receive an amount of local tax revenues equal to one cent of the Virginia Sales and Use Tax for all transactions occurring on the project premises. 5.6 Project Submission to the Virginia Tourism Authority — After the Council approval of the ordinance endorsing the proposed tourism project, the City will forward the application and ordinance(s) to the Virginia Tourism Authority and to the State Comptroller, as required. 5.7 Execution of Performance Agreement by Project Developer — After the project has been approved by the Virginia Tourism Authority and the State Comptroller, the Performance Agreement, in final form, will be provided to the project developer for execution. 5.8 Development Authority Approval — After approvals at the state level and execution by the project developer, the Development Authority will be presented with a resolution to approve the Performance Agreement in final form. 5.9 Final Approval - If this resolution is approved by the Development Authority, the Chair of the Development Authority will execute the Performance Agreement. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 Date of Revision: Page 6 of 6 Approved as to Content: Approved as to Content: Financial Impact: Approved as to Legal Sufficiency: Reviewed by: Strate Direct h Area Office Economic Development Department Director Finance Director City Attorney APPROVED BY CITY COUNCIL: Date /01/1— Da e si/i310— Date Date 132 ate 1//i/ /0„. Date }\ \ , ..„ , , \ iii , , 4a .psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Awarding the Lease of City -Owned Land Located Within Princess Anne Commons for the Purpose of Constructing and Operating a Baseball Complex MEETING DATE: February 11, 2014 • Background: The City of Virginia Beach (the "City") owns several parcels of land located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (GPINs: 1484-87-9998, 1484-86-9245, 1484-87- 1819 and 1494-24-9673) (the "Property"). In early 2013, City staff was approached about leasing up to 120 acres of the Property for the purpose of constructing, operating and maintaining a youth baseball complex. After briefing City Council on August 13, 2013, staff was directed to proceed with seeking interest in the project through an open and competitive process. On September 6, 2013, the City issued a Request for Interest and Qualifications ("RFI") for a youth baseball tournament facility and additional athletic facilities. The City received four (4) proposals in response to the RFI. City staff determined that the proposal submitted by Virginia Beach Professional Baseball, LLC ("VBPB") would best serve the needs of the City and its citizens. VBPB proposed to build (1) an approximately 5,000 seat professional baseball stadium, with 2,000 berm seats (the "Stadium"), (2) a youth baseball complex with 13 fields (the "Youth Complex"), (3) an approximately 60,000 sq. ft. of commercial retail and office space (the "Commercial Space"), and (4) an additional four baseball/softball fields at the Princess Anne Athletic Complex (the "PAAC Fields", and collectively with the Stadium, Youth Complex and Commercial Space, the "Project"). VBPB proposes to construct the entire Project at its sole cost and expense. VBPB proposes to lease the land necessary for the Stadium and Commercial Space for a term of thirty (30) years and to lease the land necessary for the Youth Complex for fifteen (15) years, with five (5) additional three-year terms, exercisable at the City's option. VBPB proposes to construct the PAAC Fields but the City will own, operate and maintain those fields. VBPB has asked the City to (1) make improvements to Landstown Road, (2) provide an annual incentive payment to VBPB equal to the percentage of admissions and real estate taxes paid at the Stadium and Youth Complex, and (3) provide VBPB use of the PAAC Fields three (3) weeks per year. Details of the proposed transaction are set forth in a summary of terms attached to the Ordinance (the "Summary of Terms"). • Considerations: The lease would be for a term of thirty (30) years for the Stadium and Commercial Space, and fifteen (15) years, with up to five (5) renewals of three (3) years each, for the Youth Complex, at the discretion of the City. VBPB would be responsible for all construction, operation and maintenance of the Stadium, Youth Complex and Commercial Space after construction at VBPB's cost. The City would be responsible for the operation and maintenance cost for the PAAC Fields. The City has also committed to the widening of Landstown Road to serve the Youth Complex. This widening was in the CIP, but would be accelerated for the Project. • Public Information: The bid request was advertised in The Virginian -Pilot once per week for two successive weeks (on February 2, 2014 and February 9, 2014). Bids will be opened on February 11, 2014. A public hearing was advertised in The Virginian -Pilot and is scheduled for February 11, 2014. Advertisement of City Council Agenda. • Alternatives: Approve the terms of the lease as presented, modify the terms of the lease or decline to enter into the lease. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: . irei g \DFS1Wpplications\• .\Cyco,n32\Wpdocs\DOO9\POMa\O ' j.DOC 111 1 AN ORDINANCE AWARDING THE LEASE OF CITY - 2 OWNED LAND LOCATED WITHIN PRINCESS 3 ANNE COMMONS FOR THE PURPOSE OF 4 CONSTRUCTING AND OPERATING A BASEBALL 5 COMPLEX 6 7 WHEREAS, the City of Virginia Beach (the "City") owns several parcels of land 8 within Princess Anne Commons near the intersection of Princess Anne and Landstown 9 Roads (portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24- 10 9673) (the "Property"); 11 12 WHEREAS, the City was approached by two entities interested in building a 13 youth baseball complex; 14 15 WHEREAS, after briefing City Council on August 13, 2013, staff was directed to 16 proceed with seeking interest in the project through an open and competitive process; 17 18 WHEREAS, on September 6, 2013, the City issued its Request for Statements of 19 Interest and Qualification seeking proposals for the lease of a portion of the Property, 20 for the development, operation, management and maintenance of a youth baseball 21 complex and additional athletic facilities, and received four (4) responses; 22 23 WHEREAS, pursuant to §15.2-2101 of the Code of Virginia, as amended, the 24 City advertised its invitation for bids to lease up to 120 acres of the Property (the 25 "Premises") for the construction, operation and maintenance of a professional baseball 26 stadium, tournament fields, and sport -related commercial and retail space; 27 28 WHEREAS, on February 11, 2014, City Council opened and reviewed all 29 responsive proposals, and determined that the proposal submitted by Virginia Beach 30 Professional Baseball ("VBPB") to build (1) an approximately 5,000 seat professional 31 baseball stadium with 2,000 berm seats (the "Stadium"), (2) a youth baseball complex 32 with 13 fields (the "Youth Complex"), (3) an approximately 60,000 sq. ft. of commercial 33 retail and office space (the "Commercial Space"), and (4) an additional four 34 baseball/softball fields at the Princess Anne Athletic Complex (the "PAAC Fields", and 35 collectively with the Stadium, Youth Complex and Commercial Space, the "Project"); 36 provides the most benefits to the City; and 37 38 WHEREAS, VBPB and the City desire to enter into a lease agreement for the Premises, 39 for a period of up to 30 years, in accordance with the terms and conditions set forth in 40 the Summary of Terms attached hereto as Exhibit A. 41 42 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the City Manager is hereby authorized to execute a lease between VBPB 46 and the City, for the term of thirty (30) years for the Stadium and Commercial Space 47 and for up to thirty (30) years for the Youth Complex, in accordance with the Summary 48 of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, 49 conditions or modifications that may be acceptable to the City Manager and in a form 50 deemed satisfactory by the City Attorney. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 53 , 2014. APPROVED AS TO LEGAL SUFFICIENCY ANtDPORM: City Attorney CA12761 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D019\P017\00102484.docx R-1 February 3, 2014 APPROVED AS 0 i NTENT: /0e1'i Deptaf arks and Recreation EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED LAND LOCATED WITHIN PRINCESS ANNE COMMONS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING A BASEBALL COMPLEX LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Professional Baseball, LLC ("VBPB") PREMISES: 120 +/- acres of land located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (Portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-9673) TERM: Stadium and Commercial Space — Thirty (30) year land lease Youth Complex — Fifteen (15) year land lease with up to five (5) three- year renewal options, for a total lease term not to exceed thirty (30) years RENT: Rent shall be one dollar ($1.00) per year USE: VBPB's proposal included three parts: • Stadium and Commercial Space o 5,000 seat stadium with 2,000 berm seats and associated parking • Primary tenant: Independent Atlantic League Team • Secondary tenant: Coastal Plain League, a summer wooden bat league • Youth Complex o 13 lighted diamond fields (10 with artificial turf) and approximately 1,200 -space parking lot • Host national, regional and local baseball and softball tournaments • Community league games and tournaments • Collaborate with CVB Sports Marketing and Parks and Recreation to book tournaments and develop Virginia Beach hotel/restaurant packages for participants • Princess Anne Athletic Complex (PAAC) o 4 Baseball/Softball Fields • VBPB to construct four (4) new baseball/softball fields for public use. • VBPB to have exclusive use of 12 PAAC fields for three (3) weekend tournament events per year, and weekday use before 3 p.m. for training, clinics and camps during those three (3) weeks annually. Page 1 of 2 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Responsible for all construction, operation and maintenance costs. Final improvements will be made consistent with the Princess Anne Commons Design Guidelines. • Responsible for capital infrastructure renewal and replacement at a contribution of: o Years 1-5: $250,000 o Years 6-10: $350,000 o Years 11-20: $400,000 o Years 21-30: $450,000 • Responsible for payment of all applicable taxes and utilities in connection with leasing the Premises. RESPONSIBILITIES OF THE LESSOR: • Incentive payments to VBPB equal to a portion of the admissions and real estate and/or leasehold taxes actually paid by VBPB annually at stadium and youth baseball complex at a rate of: o Years 1-5: 85% with no cap o Years 6-10: 75% with no cap o Years 11-20: 60% with no cap • Widen Landstown Road to serve the new youth complex as well as planned municipal uses of City -owned land within the Interfacility Traffic Area south of Princess Anne Commons. \\vbgov.com\DFS I \ Applications \CitylawProd\cycom32\ Wpdocs\D016\P013'000I 0818.DOC Page 2of 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A resolution authorizing and directing the City Manager to execute, on behalf of the City of Virginia Beach, a memorandum of agreement between the Hampton Roads Sanitation District and its member localities pertaining to the funding and implementation of the Regional Wet Weather Management Plan MEETING DATE: February 11, 2014 ■ Background: Since 2007, HRSD, Virginia Beach and the other localities in Hampton Roads have operated our sanitary sewer utilities under state and federal consent orders imposed to reduce sanitary sewer overflows. To date, these orders have focused on mandated Management, Operations and Maintenance (MOM) plans which are costly practices — but do improve system operation and reliability. Looming in the immediate future are equally costly directives known as Regional Wet Weather Management Plans. RWWMP's are mandated CIP's to reduce inflow and infiltration in locality collection systems, and increase HRSD interceptor and treatment plant capacity. Presently, the RWWMP's will cost the region $2.84 billion over the next two or three decades. Virginia Beach's portion is $350 million. A regional study has found that the one -size -fits -all nature of the consent orders would result in unneeded construction and other inefficiencies if the RWWMP's are implemented individually by the localities and HRSD. The study also concluded that if the RWWMP's were combined, optimized, and implemented by HRSD, the total cost would be $2.2 billion — a savings of $640 million. HRSD has agreed to assume responsibility for implementation of all the RWWMP's. • Considerations: The $640 million savings accrue because it is much less costly to reduce inflow and infiltration in collection systems than it is to build interceptor and treatment plant capacity. HRSD would aggressively pursue the most cost-effective inflow and infiltration reduction projects in collection systems that are the leakiest and that are served by treatment plants that are most capacity -stressed and costliest to expand. HRSD would fund all of the RWWMP work and pass the costs on to its customers as it does today thru a uniform regional service charge. The localities would spend Tess, HRSD would spend more, but there would be a net savings to the region. The impact to Virginia Beach would be an immediate reduction from $50 million per year to $40 million per year in the Water and Sewer CIP beginning in FY2016. Virginia Beach has the most water -tight collection system in the region, so less work would be done in Virginia Beach and more work in other localities. The total cost to our customers would be lower, but Virginia Beach is among a group of localities that experience fewer saving than some other localities. This proposal requires that the federal and state consent orders be revised, which requires unanimous consent of all parties to the orders. For that to occur, HRSD and Memorandum of Agreement Between HRSD and its Member Localities Page 2 of 2 the localities must first execute an agreement setting out our respective roles, responsibilities and obligations by February 28, 2014. Unanimous execution of this agreement is also necessary to move forward. The regions' directors of utilities and HRSD have negotiated a recommended memorandum of agreement. The agreement obligates HRSD to undertake a regional implementation of the RWWMP's, while obligating the localities to continue to implement their respective MOM plans (which is also mandated by our existing consent orders). It also requires mutual cooperation to revise the consent orders consistent with the agreement. At the staff level, it has unanimous support from HRSD and the localities. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. • Public Information: Public information will be provided through the normal Council agenda process for an action of this kind. • Recommendations: HRSD's proposal is a more efficient and effective way to implement the RWWMP's. It is a net savings to the region and the City. For the proposal to move forward, HRSD and all the localities must unanimously agree. Approval is recommended. • Attachments: Resolution, Summary of Material Terms Recommended Action: Approval JSubmitting Department/Agency: Public Utilities City Manager. V/ 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH, A MEMORANDUM OF AGREEMENT 4 BETWEEN THE HAMPTON ROADS SANITATION DISTRICT AND 5 ITS MEMBER LOCALITIES PERTAINING TO THE FUNDING AND 6 IMPLEMENTATION OF THE REGIONAL WET WEATHER 7 MANAGEMENT PLAN 8 9 10 WHEREAS, Hampton Roads Sanitation District ("HRSD") provides wastewater 11 transmission and treatment services for the cities of Chesapeake, Hampton, Newport News, 12 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of 13 Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service 14 Authority (each a "Locality" and collectively, the "Localities"); and 15 16 WHEREAS, the Localities individually own and operate sanitary sewer collection 17 systems, which collect sewage within their individual jurisdictional boundaries and deliver it to 18 the HRSD sewer system for conveyance and treatment; and 19 20 WHEREAS, the Localities, including Virginia Beach, are required pursuant to the 21 Special Order By Consent, as amended, issued by the Virginia Water Control Board on 22 September 26, 2007 to develop a Regional Wet Weather Management Plan ("RWWMP") that 23 will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer 24 system; and 25 26 WHEREAS, during the ongoing planning for the RWWMP, HRSD and the Localities 27 conducted a study to determine if HRSD's ownership of the Localities' sewer systems would 28 provide significant capital and operational cost savings to the region's ratepayers under the 29 RWWMP; and 30 31 WHEREAS, the regional study, which was completed in the summer of 2013, estimated 32 that HRSD's ownership of the regional sewers could potentially save the overall region's 33 ratepayers more than One Billion Dollars over a 30 -year period in capital and 34 operation/maintenance costs, as compared to a scenario where HRSD and the Localities 35 independently seek to address wet weather capacity needs, although the amount of savings 36 varied significantly among the Localities; and 37 38 WHEREAS, full regionalization of the Localities' sewer systems is unlikely at this time 39 for a variety of reasons; 40 41 WHEREAS, a significant portion of the estimated savings from full regionalization can 42 nevertheless be obtained for the benefit of the region's ratepayers if HRSD agrees to take sole 43 responsibility for financing and implementing the approved RWWMP across the entire regional 44 sewer system; and 45 46 WHEREAS, the Localities and HRSD have negotiated a proposed Memorandum of 47 Agreement setting forth the duties and responsibilities of the parties thereto regarding HRSD's 48 assumption of sole responsibility for financing and implementing the approved RWWMP 49 across the entire regional sewer system; and 50 51 WHEREAS, the City Council finds that the City's obligations under the proposed 52 Memorandum of Agreement are fair and reasonable and that the benefits of entering into the 53 said Memorandum of Agreement, including the anticipated future cost savings to HRSD's 54 ratepayers within the City, significantly exceed the City's cost of performing its obligations 55 thereunder; 56 57 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 58 VIRGINIA BEACH: 59 60 That the City Manager is hereby authorized and directed to execute on behalf of the 61 City of Virginia Beach the aforesaid Memorandum of Agreement, a Summary of the Material 62 Terms of which has been exhibited to the City Council and a true copy of which is on file in the 63 Department of Public Utilities. 64 65 66 Adopted by the City Council of the City of Virginia Beach on the day of 67 , 2014. 68 69 70 71 APPROVED AS TO LEGAL SUFFICIENCY: 72 73 ikyiq X1174 � fY?/Y, ,Q� 75 Public Utilities Department City Attorney's 0 ice 76 77 CA-12878 78 January 17, 2014 79 R-3 APPROVED AS TO CONTENT: 2 MEMORANDUM OF AGREEMENT HAMPTON ROADS SANITATION DISTRICT AND THE CITY OF VIRGINIA BEACH SUMMARY OF MATERIAL TERMS PARTIES: All Hampton Roads localities, including the City of Virginia Beach, and HRSD SUBJECT: An agreement in which HRSD agrees to assume overall responsibility for development and implementation of the Regional Wet Weather Management Plan (RWWMP) PURPOSE: To define the roles, responsibilities, and obligations of HRSD and the Localities with respect to the development, financing, and implementation of the RWWMP and to identify the areas of mutual cooperation and support required of the parties. CITY OBLIGATIONS: 1. Maintain and operate the sanitary sewer collection system and any improvements made by HRSD, in accordance with the City's approved management, operation and maintenance (MOM) plan; 2. Cooperate with HRSD, including the provision of sanitary sewer system data, timely processing of permits and approvals, and reasonable accommodation of contractor requests to facilitate HRSD's development and implementation of the RWWMP; 3. Cooperate with HRSD, the other localities, and DEQ to modify HRSD's federal Consent Decree, and the locality Regional Order of Consent to make them consistent with this agreement; HRSD OBLIGATIONS: 1. Develop, implement, and fund (thru a uniform charge to its customers), an affordable and cost-effective RWWMP; 2. After constructing a project, provide record drawings and other related information to Virginia Beach, obtain and enforce warranties for the work, and convey the project and related assets to Virginia Beach; 3. After implementing the RWWMP, assume responsibility for capacity related issues, regulatory liability, and reasonable third -party liability for capacity related wet weather overflows, as defined by the RWWMP; 4. Coordinate and cooperate with Virginia Beach, including complying with local ordinances, regulations, policies, design standards, and local preferences in the development and implementation of the RWWMP; 5. Cooperate with Virginia Beach, the other localities, and DEQ to modify HRSD's federal Consent Decree, and the locality Regional Order of Consent to make them consistent with this agreement; OTHER: This Agreement shall terminate if HRSD's Federal Consent Decree is not amended as contemplated by this agreement, or if the State Special Order by Consent is not amended to relieve the Localities of any obligation to develop, fund, and implement independent Regional Wet Weather Management Plans, or upon the written agreement of all Parties. ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Land of The Ralph Lee Frost Family Trust and on Land of Irene T. Frost Trust MEETING DATE: February 11, 2014 • Background: On April 23, 1997, Ralph Lee Frost, Trustee of the Ralph Lee Frost Trust ("Ralph Frost Trust"), the owner of five parcels of land located on Land of Promise and Blackwater Roads, placed five (5) parcels in the City's Agricultural Reserve Program ("ARP") and Irene T. Frost ("Irene Frost"), the owner of one parcel of land located on Blackwater Road, placed one (1) parcel in the ARP. As part of the transaction, Ralph Frost Trust reserved, for future development three (3) 3 -acre building sites, known as Easement Exceptions. By deed recorded as Instrument Number 20100608000559720, the successor trustees of the Ralph Frost Trust conveyed the five (5) parcels to the successor trustees of the Ralph Lee Frost Family Trust ("Frost Family Trust") subject to the preservation easement. By deed recorded as Instrument Number 20081016001206200, Irene Frost conveyed the parcel to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990 ("Irene Frost Trust"), subject to the preservation easement. The Frost Family Trust and the Irene Frost Trust now desire that the City release the reserved 1.91 -acre building site, shown on Exhibit A as a portion of "EASEMENT EXCEPTION SITE 2B-1" from the respective ARP Easements in exchange for placing another reserved 2.797 -acre site, shown on Exhibit A as the cross hatched area described as "EASEMENT EXCEPTION AREA HEREBY VACATED (121,849.7 Sq. Ft. / 2.797 Acres)", under the Frost Family Trust ARP Easement. • Considerations: The attached plat shows the areas that would be exchanged. There is a slight overlap in the areas. Because the new exception site is 1.09 acres less than the existing exception site, the ARP Easement area will be slightly larger than it currently is. The appraiser who appraised the properties for the original ARP purchases has stated, by letter dated January 14, 2014, that there is no difference in the market value of the two sites. Additionally, the applicants have been notified that they will need to comply with all requirements of the City's zoning and subdivision ordinances prior to beginning construction on the new exception site. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by the Frost Family Trust and the Irene Frost Trust, and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open -space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute the necessary documents pursuant to which 2.797 acres of the 3 -acre exception site reserved for future development is exchanged for a 1.91 -acre reserved site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. • Public Information: No special form of advertising is required • Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. • Recommendations: Adoption of the ordinance allowing the exchange of reserved sites. • Attachments: Ordinance Plat Location Map Recommended Action: Approval Submitting Department/Agency: Agriculture Department City Manager: k 1 AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A DEED OF 3 RELEASE AND EXCHANGE PERTAINING TO AN 4 AGRICULTURAL LANDS PRESERVATION 5 EASEMENT LOCATED ON LAND OF RALPH LEE 6 FROST FAMILY TRUST AND ON LAND OF IRENE T. 7 FROST TRUST 8 9 WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Ralph Lee Frost, 10 Trustee of the Ralph Lee Frost Trust under Declaration of Trust dated December 14, 1990 11 ("Ralph Frost Trust") entered into IPA #1997-1, whereby the City acquired an Agricultural Lands 12 Preservation Easement ("Preservation Easement") upon certain property owned by Ralph Frost 13 Trust; 14 15 WHEREAS, as part of the aforesaid transaction, Ralph Frost Trust reserved for future 16 development a portion of the property having an area of 3.000 acres, more or less, such that the 17 Preservation Easement does not encumber the reserved area; 18 19 WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Irene T. Frost 20 ("Irene Frost") entered into IPA #1997-3 whereby the City acquired a Preservation Easement 21 upon certain properly owned by Irene Frost; 22 23 WHEREAS, by deed recorded as Instrument Number 20100608000559720, the successor 24 trustees of Ralph Frost Trust conveyed its land to the successor trustees of the Ralph Lee Frost 25 Family Trust ("Family Trust") subject to the Preservation Easement; 26 27 WHEREAS, by deed recorded as Instrument Number 20081016001206200, Irene Frost 28 conveyed her land to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990 29 ("Irene Frost Trust"), subject to the Preservation Easement; 30 31 WHEREAS, the Family Trust and the Irene Frost Trust desire to exchange one area of 32 land not encumbered by the Preservation Easement for another area of land which is to be 33 encumbered by the Preservation Easement, as shown on the attached plat entitled "Exhibit 34 showing Amended Easement Exception Site on A Portion of the Property of the Ralph Lee Frost 35 Family Trustee I.N. 20100608000559720 M.B.144 P. 35 and the Irene T. Frost Trust I.N. 36 20081016001206200 M.B. 144 P. 35 for the City of Virginia Beach Agricultural Reserve Program 37 Virginia Beach, Virginia", Scale: 1" = 60', dated November 22, 2013; 38 39 WHEREAS, a portion of the land to be released from the Preservation Easement is on 40 property owned by Irene Frost Trust and the remainder of land to be released from the 41 Preservation Easement is on property owned by the Family Trust; 42 43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance 44 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a 45 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement 46 on a different portion of the landowner's property, under certain conditions set forth in the 47 Ordinance; and 48 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange 49 if it makes certain findings enumerated in the Ordinance; and 50 51 WHEREAS, the City Council does hereby make such findings, to -wit: 52 53 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 54 Preservation Easement does not adversely affect the City's interests in accomplishing the 55 purposes of the Ordinance; 56 57 (2) the proposed Preservation Easement area meets all of the eligibility requirements 58 set forth in Section 7 of the Ordinance; 59 60 (3) the land to be encumbered by the proposed Preservation Easement is of at least 61 equal fair market value, is of greater value as permanent open space, and of as nearly as 62 feasible equivalent usefulness and location for use as permanent open -space land as the 63 property on which the existing Preservation Easement is located; and 64 65 (4) the consideration for the acquisition of the new Preservation Easement consists 66 solely of the extinguishment of the existing Preservation Easement. 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 69 VIRGINIA BEACH: 70 71 That subject to the determination of the City Attorney that there are no defects in title to 72 the property to be placed under the Preservation Easement or other restrictions or encumbrances 73 thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the 74 City Manager be, and hereby is, authorized and directed to execute the necessary documents 75 pursuant to which the City releases the existing Preservation Easement on a portion of the 76 properties, as shown on the aforesaid plat, and acquires, in exchange therefore, land greater in 77 area to be placed under the Preservation Easement, as shown on such plat. 78 79 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 80 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qom- LE((C , G'v � �� ✓ Dept. of Agriculture City Attorney CA12773 X:\OID\REAL ESTATE\ARP\Baum-Exchange\arpexchangeordin.doc R-1 January 16, 2014 | § §k AACOATERmOA)(50' F. 0Rplin 68 \ 0 o 0 0 \ EASEMENT EXCEPTION LINE HEREBY VACATED • • � � / I.rormrhArn iiinnnia a.2 z 0 0 J BLACKUVA Fi RD 4440 - 4616 v OJ J s Q CC fC 96 i CU 0- 0 O a N H T E LL 4, O LL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Utility Service Agreement between the City of Virginia Beach and the City of Chesapeake for the Provision of Sewer and Water Services to Charlestown Shores MEETING DATE: February 11, 2014 • Background: Centerville II, LLC ("Developer") owns and is developing a residential development containing approximately 17.365 acres, to be known as Charlestown Shores, located within the boundaries of the City of Chesapeake ("Chesapeake"), near the boundary between Chesapeake and the City of Virginia Beach ("Virginia Beach"). • Chesapeake desires for the Tots located in Charlestown Shores to be served by municipal sewer and water, but does not have facilities available to provide said services. The Developer intends to complete design and installation of the necessary sewage collection facilities and potable water distribution facilities (the "Facilities") within Charlestown Shores, and intends to dedicate the same to Virginia Beach. • Virginia Beach desires to cooperate with Chesapeake and enter into a Utility Service Agreement ("Agreement") to provide necessary services, based on the conditions and restrictions set forth in the Summary of Terms, attached to the Ordinance as Exhibit A. • Considerations: Virginia Beach and Chesapeake would agree that upon acceptance of the Facilities by Virginia Beach, the Facilities would become a part of the Virginia Beach Public Utilities System, and Virginia Beach would have the right to provide water services and sewer services and collect the related fees. Although infrequent, similar situations have previously occurred on the City's common border with both Chesapeake and Norfolk, and this has been the way in which the three cities have traditionally addressed such situations. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve the terms of the Agreement as presented, modify the terms of the Agreement, or decline to enter into the Agreement. • Recommendation: Approval. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/A ency: Public Utilities City Manager: L 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A UTILITY SERVICE 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND THE CITY OF CHESAPEAKE FOR 5 THE PROVISION OF SEWER AND WATER 6 SERVICES TO CHARLESTOWN SHORES 7 8 WHEREAS, Centerville II (the "Developer") owns and is developing a residential 9 development containing approximately 17.365 acres, to be known as Charlestown 10 Shores located within the boundaries of the City of Chesapeake ("Chesapeake"), near 11 the boundary between Chesapeake and the City of Virginia Beach ("Virginia Beach"); 12 13 WHEREAS, Chesapeake desires for the lots located in Charlestown Shores to 14 be served by municipal sewer and water, but does not have facilities available to 15 provide said services; 16 17 WHEREAS, Virginia Beach desires to cooperate with Chesapeake and enter into 18 a Utility Service Agreement to provide necessary services, based on the terms and 19 conditions set forth in the Summary of Terms, attached hereto as Exhibit A. 20 21 WHEREAS, upon completion of design and installation of the necessary sewage 22 collection facilities and potable water distribution facilities (the "Facilities") within 23 Charlestown Shores, the Developer will dedicate the same to Virginia Beach; and 24 25 WHEREAS, the Facilities will become a part of the Virginia Beach Public Utilities 26 System, and Virginia Beach will have the right to provide water services and sewer 27 services and collect the related fees. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a Utility Service 33 Agreement between the City of Virginia Beach and the City of Chesapeake governing 34 the terms and conditions of the operation and maintenance of the Facilities to service 35 Charlestown Shores, located within the City of Chesapeake, in accordance with the 36 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 37 other terms, conditions or modifications as may be acceptable to the City Manager and 38 in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 41 day of , 2014. I APPROVED AS TO CONTENT: 0144 eia) APPROVED AS TO LEGAL SUFFICIENCY: likktILM6A•tfiA/ Dept. of Public Utilities City Attorney CA12758 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d011 \p012\00033726.doc R-1 January 17, 2014 EXHIBIT A SUMMARY OF TERMS UTILITY SERVICE AGREEMENT FOR CHARLESTOWN SHORES (CHESAPEAKE, VIRGINIA) PARTIES: City of Virginia Beach ("Virginia Beach"), City of Chesapeake ("Chesapeake"), and Centerville II, LLC ("Developer") DEVELOPMENT: Approximately 17.365 acres to be developed into a residential community to be known as Charlestown Shores located within the boundaries of Chesapeake near the boundary of Chesapeake and Virginia Beach FACILITIES AND SERVICES: Virginia Beach to own sewage collection facilities and potable water distribution facilities ("Facilities") to provide water and sewer services to the Development RIGHTS AND RESPONSIBILITIES OF CHESAPEAKE: • Allow Virginia Beach City Code governing water and sewer services and fees to be in full force and effect in the Development. • Expedite any permits needed and apply the same criteria thereto as if the Chesapeake Department of Public Utilities were the applicant. RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH: • Facilities shall become a part of the Virginia Beach Public Utilities System. • Shall have the right to provide water service and sewer service to the Development and collect from the residents the normal and standard fees. • Shall have perpetual access within Chesapeake's streets, easements, and rights-of-way as necessary for maintenance of the Facilities. RIGHTS AND RESPONSIBILITIES OF DEVELOPER: • Shall be responsible for obtaining compliance with all applicable ordinances pertaining to the Development. • Shall design and install the Facilities for the Development in accordance with the standards and specification of Virginia Beach Dept. of Public Utilities. • Shall dedicate the Facilities to Virginia Beach upon completion. z O CO D Z co a COa J Z0. co w S cc z �- z 0 0 cc 0 CO OI Ujw o> �0 aJ CD y:aa T, V47 Y � 4h cUw {.� 2 . ---.fir — • rte_ - ,jt 6` j hf' � i. �.. 'M IrMr•y ' i Ar -r ` ., s a I .-1 • s S 5 (/ ; SUBDMSION PLAN OF CHARLESTOWN SHORES SUBDMSION CHESAPEAKE, VIRGINIA ** .15 Aaa gs S Site Improvement Associates, Inc. A" Whee E efneenne and S F. 8 tr 5 0 m THIS DOCUMENT IS 1HE 5011 PROPERTY OF (SIA) SITE IMPROVEMENT ASSOCIATES. NC. THE REPRODUCTION 1N WHOLE 0R IN PART 0R THE MODIFICATION OF ANY DETAIE OR DESIGN IMT NOT BE MAGE new ea150 501101 COt5N1 MOM AN 010011 OF (_A) 511E IMPROVEMENT ASSOCIATES, INC. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1) A Resolution Authorizing the City Manager to Execute Two Agreements for the Administration of the Cape Henry Lighthouse Restoration Project (2) An Ordinance To Accept and Appropriate Federal and Miscellaneous Revenue to CIP# 9-276 Cape Henry Lighthouse Restoration Phase II MEETING DATE: February 11, 2014 • Background: The Cape Henry Lighthouse ("Lighthouse"), located at Fort Story, is a highly visible and significant part of Virginia Beach's history. The Lighthouse, constructed in 1792, is a National Historic Landmark, the highest designation for historically important buildings and structures. The Lighthouse is prominently featured on the seal of the City of Virginia Beach. By an act of Congress in 1930, the Lighthouse and 1.77 acres of ground were deeded to the Association for the Preservation of Virginia Antiquities ("Preservation Virginia") to preserve the Lighthouse and make it available to the public. Preservation Virginia opens the Lighthouse to the public during the spring, summer and fall. In 1994, the Virginia Department of Transportation ("VDOT") awarded funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act ("ISTEA") to the City for a $200,000 project for the restoration of the Lighthouse. The Lighthouse Restoration Project ("Project") was designed to provide restoration and preservation to the exterior structure of the lighthouse, and to improve the access and safety of visitors climbing to the top of the structure. In 1998, the City and Preservation Virginia entered into a written agreement for the restoration of the Lighthouse, and the City and VDOT entered into a separate project administration agreement for expenditures to be reimbursed by VDOT under the ISTEA grant. The project was divided into two phases. Phase 1, which was completed in 2002, was designed to improve access for visitors to the light deck of the structure. Phase 2 of the project was expected to restore the foundation stones for the lighthouse, stabilize the base, and improve access to the lighthouse at the base and re -point as much of the exterior masonry as remaining funds would allow. The City did not receive a scope of work or necessary project details from Preservation Virginia to be able to move forward with engineering for Phase 2. In 2010, VDOT advertised that Transportation Enhancement Project grant funds were available for the purpose of completing unfinished projects. The Department of Museums consulted with Preservation Virginia, and Preservation Virginia prepared a scope of work. Thereafter, the Department of Museums applied for additional funds to accomplish Phase 2 of the Project. The City's application was approved in 2011, and additional VDOT funding was awarded to the City in 2012. The total Transportation Enhancement program award for the Project was $355,000. By agreement between the City and Preservation Virginia executed in 2012, Preservation Virginia agreed to pay the required twenty percent (20%) local match of $48,750. • Considerations: In February 2013, VDOT contacted the City to state that the deadline to apply for additional funding under the ISTEA successor program, Moving Ahead for Progress in the 21st Century ("MAP -21"), had been extended. After consultation with Preservation Virginia and the Department of Public Works, the Department of Museums applied for additional VDOT funding. The City's application was approved by VDOT in June 2013, and VDOT agreed to award the City $160,000 in additional grant funding. As with the previous ISTEA award, VDOT requires a twenty percent (20%) local match of estimated project costs. Preservation Virginia, as the owner of the Lighthouse, agreed to provide the twenty percent (20%) match of funds. Accordingly, the 2012 Agreement between the City and Preservation Virginia must be amended to reflect Preservation Virginia's increased funding match under the ISTEA/MAP-21 grant. The new VDOT award is a supplemental award and, as such, VDOT has established October 1, 2016 as the initial deadline for expenditure of funds. The Department of Public Works will manage the project, and the Department of Museums will coordinate and administer the grant. The attached resolution authorizes the City Manager to execute (1) an Agreement between the City of Virginia Beach and the Virginia Department of Transportation; and (2) a First Amendment to the Agreement between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse. The agreement between the City and VDOT is keyed to the ISTEA/MAP- 21 grant. The First Amendment with Preservation Virginia provides the respective obligations related to Preservations Virginia's additional funding match. The attached ordinance appropriates federal funding and funding from Preservation Virginia to CIP #9-276. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. • Attachments: Resolution; Ordinance; First Amendment to Agreement between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse; Summary of Terms of First Amendment, and Appendix A (Agreement between the City of Virginia Beach and the Virginia Department of Transportation). Recommended Action: Adoption Submitting Department/Agency: Department of Museums and Cultural Arts .i/W. - City Manager:- 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE TWO 3 AGREEMENTS FOR THE ADMINISTRATION 4 OF THE CAPE HENRY LIGHTHOUSE 5 RESTORATION PROJECT 6 7 WHEREAS, the Virginia Department of Transportation ("VDOT") awarded 8 funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act 9 ("ISTEA") to the City for a two hundred thousand dollar ($200,000) project for the 10 restoration of the Cape Henry Lighthouse ("Lighthouse") in July 1994; and 11 12 WHEREAS, the Lighthouse is owned by the Association for the Preservation of 13 Virginia Antiquities ("Preservation Virginia"); and 14 15 WHEREAS, the Lighthouse Restoration Project ("Project") was designed to 16 provide restoration and preservation to the exterior structure of the lighthouse, and to 17 improve the access and safety of visitors climbing to the top of the structure; and 18 19 WHEREAS, on June 23, 1998, the City and VDOT entered into a project 20 administration agreement for expenditures to be reimbursed by VDOT under the ISTEA 21 grant for the restoration of the Lighthouse ("VDOT Agreement"); and 22 23 WHEREAS, on May 1, 1998, the City and Preservation Virginia entered into a 24 written agreement for the restoration of the Lighthouse ("Agreement"); and 25 26 WHEREAS, Phase I of the Project was completed in 2002 and provided 27 improved access to the top of the Lighthouse; and 28 29 WHEREAS, Phase II of the Project was intended to restore the base of the 30 Lighthouse, and work was not completed under the Agreement; and 31 32 WHEREAS, in 2011, VDOT awarded funding to the City for a grant under ISTEA 33 for approximately one hundred ninety-five thousand dollars ($195,000) for the Project; 34 and 35 36 WHEREAS, the grant required a twenty percent (20%) match of estimated 37 project costs, or eighty-eight thousand seven hundred fifty dollars ($88,750), from the 38 local sponsor; and 39 40 WHEREAS, Preservation Virginia, as the owner of the Lighthouse, agreed to 41 provide the twenty percent (20%) match and in March 2012, in furtherance of continuing 42 Phase II of the Project, the City and Preservation Virginia entered into an agreement to 43 memorialize their respective obligations pursuant to the 2011 grant; and 44 45 WHEREAS, also in March 2012, the City and VDOT executed an agreement for 46 expenditures to be reimbursed by VDOT under the ISTEA grant for the Project; and 47 WHEREAS, most recently, in June 2013, VDOT awarded additional funding to 48 the City for a grant under the ISTEA successor program, Moving Ahead for Progress in 49 the 21st Century ("MAP -21"), for approximately $160,000 to complete Phase II of the 50 Project; and 51 52 WHEREAS, the grant again requires a twenty percent (20%) match of estimated 53 project costs, or forty thousand dollars ($40,000), from the local sponsor; and 54 55 WHEREAS, Preservation Virginia has again agreed to provide the twenty percent 56 (20%) match; and 57 58 WHEREAS, the City and Preservation Virginia wish to amend their March 2012 59 agreement to memorialize their respective obligations pursuant to the new, MAP -21 60 grant award; and 61 62 WHEREAS, the City is preparing to enter into an agreement with VDOT for 63 expenditures to be reimbursed by VDOT under the ISTEA/MAP-21 grant for the Project 64 totaling six hundred forty-four thousand and ninety dollars ($644,090,000); and 65 66 WHEREAS, this Project will provide additional funding for restoration and 67 preservation of the base of the Lighthouse. 68 69 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 70 VIRGINIA BEACH, VIRGINIA: 71 72 That the City Manager hereby is authorized to execute (1) an Agreement 73 between the City of Virginia Beach and Virginia Department of Transportation for the 74 administration of the Cape Henry Lighthouse Restoration Project; and (2) a First 75 Amendment to the Agreement between the City of Virginia Beach and the Association 76 for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Museums CA 12865 R-3 February 3, 2014 /14,u City Attorney's ffice Summary of Terms First Amendment to Agreement Between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse Term: Agreement is effective upon execution, and expires on December 31, 2019. Responsibilities of Preservation Virginia: • In addition to obligations set forth in the original Agreement, Preservation Virginia shall provide additional funding for the Project in the amount of $40,000. • Pay City's invoices within 20 days of receipt. Responsibilities of the City: • Bill Preservation Virginia in the amount of $17,750 on March 28, 2017 and March 28, 2018, and $4,500 on March 28, 2019. • Use additional funding in furtherance of the recommendations set forth in, "Cape Henry Lighthouse ISTEA Funded Improvements," as prepared by Preservation Virginia in 2010. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 GREGORY A. WHIRLEY COMMISSIONER OF HIGHWAYS September 16, 2013 Mr. Mark A. Reed Historic Resources Coordinator City of Virginia Beach 3131 Virginia Beach Boulevard Virginia Beach, VA 23452 SUBJECT: EN94-134-V21. (UPC 15149/104050) City of Virginia Beach, Cape Henry Lighthouse Transmittal of Revised Appendix A Dear Mr. Reed: Enclosed are three (3) copies of the revised Appendix A for the subject project. Appendix A addresses the recent $160,000 Transportation Alternatives Program Commonwealth Transportation Board in June 2013. After your review, please sign and return all copies to this office. Once fully will be sent to you for your records. Please do not hesitate to call me at (804) have any questions. Enhancement Program Manager This revision to allocation by the executed, a copy 786-7399 if you Project Number: EN94-134-V21 Appendix A UPC: 15149/104050 Locality: City of Virninia Beach Project Location ZIP+4: 23451-8048 Locality DUNS# 074736299 Locality Address (incl ZIP+4): 23452-6923 Estimated Eligible Project Costs Estimated Eligible VDOT Project Expenses Reimbursement to Locality Scope: Restoration of Cape Henry Lighthouse in Virginia Beach Locality Project Manager Contact Info: Mark A. Reed, Historic Resources Coordinator, City of Virginia Beach, 3131 Virginia Beach Boulevard, Virginia Beach, VA 23452, (757)385-5104 mreed(r8vbeov.com Department Project Coordinator Contact Info: Anthony Gibson, Hampton Roads District Anthony Gibson c©VDOT.Virginia.gov (757)925-1635 Total Maximum Reimbursement / Payment by Locality to VDOT Phase Estimated Project Costs Estimated Eligible Project Costs Estimated Eligible VDOT Project Expenses Reimbursement to Locality Preliminary Engineering $201,329 -- '------77-'-',..,-,--.7::-:-...---,..„ — n Right of Way & Utilities $0 t 4,-_ c $355,000 Construction $442,761;, $644,090 .'.-, 4>, Total Estimated Cost $644,090 $515,000 $15,000 $340,000 Total Maximum Reimbursement / Payment by Locality to VDOT N/A Total Maximum Reimbursement by VDOT to Locality $355,000 • This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Transportation Alternatives Program Guide . Any expenses above the combined federal (80%) and local (minimum 20% match) will be at 100% project sponsor cost. 100% of eligible VDOT project expenses will be recovered as follows. • 20% will be deducted from reimbursement requests. • 80% will be deducted from the Federal Enhancement/Alternatives allocation amount. Any ineligible items identified throughout project development will not be reimbursable. For Transportation Enhancement/Alternatives projects, the LOCALITY shall maintain the Project, or have it maintained, in a manner satisfactory to the Department or its authorized representatives, and make ample provision each year for such maintenance unless otherwise agreed to by the Department. In accordance with CTB policy, the project must be completed and the $515,000 Enhancement/Alternatives allocation expended by October 1, 2016 or the project may be subject to de -allocation. This attachment is certified and made an official attachment to this document by the parties to this agreernent Authorized Locality Official and date Typed or printed name of person signing Authorized VDOT Official Recommendation and Date Typed or printed name of person signing A — ._�- B C D E Transportation Enhancement (80%)(80%) Transportation Alternatives Local Match (20%) Local Funds (100%) Aggregate Allocations (A+B+C) $355,000 $160,000 8128, 750 $340 $644,090 • This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Transportation Alternatives Program Guide . Any expenses above the combined federal (80%) and local (minimum 20% match) will be at 100% project sponsor cost. 100% of eligible VDOT project expenses will be recovered as follows. • 20% will be deducted from reimbursement requests. • 80% will be deducted from the Federal Enhancement/Alternatives allocation amount. Any ineligible items identified throughout project development will not be reimbursable. For Transportation Enhancement/Alternatives projects, the LOCALITY shall maintain the Project, or have it maintained, in a manner satisfactory to the Department or its authorized representatives, and make ample provision each year for such maintenance unless otherwise agreed to by the Department. In accordance with CTB policy, the project must be completed and the $515,000 Enhancement/Alternatives allocation expended by October 1, 2016 or the project may be subject to de -allocation. This attachment is certified and made an official attachment to this document by the parties to this agreernent Authorized Locality Official and date Typed or printed name of person signing Authorized VDOT Official Recommendation and Date Typed or printed name of person signing 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL AND MISCELLANEOUS REVENUE TO CIP #9- 3 276 CAPE HENRY LIGHTHOUSE RESTORATION — 4 PHASE II 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $160,000 federal pass-through revenue is hereby accepted from the 10 Virginia Department of Transportation and appropriated, with estimated 11 federal revenue increased accordingly, to CIP 9-276 Cape Henry 12 Lighthouse Restoration — Phase II; and 13 14 2. That $40,000 is hereby accepted from the Association for the Preservation 15 of Virginia Antiquities and appropriated, with estimated miscellaneous 16 revenue increased accordingly, to CIP 9-276 Cape Henry Lighthouse 17 Restoration — Phase II. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: u,) a 1,, (09 Budget and Management Serves CA12872 R-1 December 30, 2013 ITEM: An Ordinance Granting Two Franchise Agreements to Gold Key/PHR Food Services, LLC for an Open Air Cafe in the Resort Area MEETING DATE: February 11, 2014 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: Gold Key/PHR Food Services, LLC is seeking two one-year franchise agreements for 1) a Connector Park Cafe; and 2) a Boardwalk Cafe, both located at 3315 Atlantic Avenue. The term of the franchise agreements will be one year. • Public Information: A public notice was published in The Beacon on February 2, 2014 and February 9, 2014. • Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Off City Manager: ' cam\ 1 AN ORDINANCE GRANTING TWO FRANCHISE 2 AGREEMENTS TO GOLD KEY/PHR FOOD SERVICES, 3 LLC FOR AN OPEN AIR CAFE IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one - 10 year terms; and 11 12 WHEREAS, if an open air cafe is successfully operated during the initial one - 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, Gold Key/PHR Food Services, LLC is seeking two one-year 17 franchise agreements for 1) a Connector Park Cafe; and 2) a Boardwalk Cafe, both 18 located at 3315 Atlantic Avenue; and 19 20 WHEREAS, the franchise agreements will each have one-year terms; and 21 22 WHEREAS, the Strategic Growth Area Office recommends that the above - 23 named entity be granted two open air cafe franchise agreements. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH: 27 28 That the City Council hereby grants two one-year franchise agreements to Gold 29 Key/PHR Food Services, LLC for operation of a Connector Park Cafe and a Boardwalk 30 Cafe, both located at 3315 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of , 2014. APPROVED AS TO CONTENT: CA12875 R-2 February 4, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: February 11, 2014 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 22, 2013, which stated the FY14 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $10,970 per lane mile, and arterial streets will be reimbursed at $18,684 per lane mile. ■ Considerations: The first resolution requests the addition of newly constructed streets in the amount of 30.00 lane miles which will be eligible for urban maintenance funds beginning July 1, 2014. All of the 30.00 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $329,143.88 per year for these local/collector streets. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 5.46 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 5.72 lane miles of local/collector streets to be added back to the inventory. There are 12.64 lane miles of local/collector streets to have their classification changed to urban minor arterials. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by $2,852.20 per year for these changes to local/collector streets and by $236,165.76 for these street reclassifications to minor arterial streets. The total net increase in urban maintenance lane miles from the additional and the corrections will result in a funding increase of $568,161.84 from VDOT. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. ■ Public Information: The item will be publicized as part of the City Council's agenda. ■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Exhibit A - New Streets City of Virginia Beach Public Works / Operations Street Type LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL STREET AMBER BAY CT APIARY CT ARMON AV BANK ST BANK ST BASSETT' AV BEACHTOWN DR BEAGLE WAY BEECHWALK DR BETULA CT BITTER ROOT CT BLACKSTONE CT BLADE CT BLITZ CT BLUEFISH LA BLUEMONT CT BOSCO CT BRESLAW CT BRIAN AV BROOKLYN AV BROOKLYN CT BUTLER LA CADBURY CI CANDY TUFT CT CARISSA CT CARLSBAD CT CATFISH RD CENTRE POINTE DR CERETA WAY CHANNEL POINTS LN CHAPPELL PL CHELSEA GREEN DR CHICK'S BEACH CT CHIPPENHAM RD E COASTAL DR COLLECTION CREEK WY FROM CHELSEA GREEN DR LONDON BRIDGE RD ANSOL LA INDEPENDENCE BLVD MARKET ST ROBERT JACKSON DR ATLANTIS DR N CUL DE SAC LOVE CT CHELSEA GREEN DR CHELSEA GREEN DR BLACKSTONE TR CORBIN DR BLACKSTONE TR SANDPIPER RD (NB) COVENTRY RD BLACKSTONE TRL BLACKSTONE TRL CLEVELAND ST S BIRDNECK RD BROOKLYN AV SAN MARCO RD BILTMORE DR CHELSEA GREEN DR S BIRDNECK RD ARTESIA WY DRUM POINT ROAD BAXTER RD HOLLAND RD ADAM KEELING RD HARRIS POINT DR CUL-DE-SAC GREENWELL RD N HARRIS POINT DR VIRGINIA DARE DR FIRST COLONIAL RD (SB) LANE MILES S CUL-DE-SAC E CUL DE SAC N CUL-DE-SAC MARKET ST CENTRAL PARK AV DEAD END HOPE AV E CUL DE SAC N DEAD END S CUL-DE-SAC N CUL-DE-SAC CUL-DE-SAC CITY LINE CUL-DE-SAC W DEAD END W CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC EUCLID RD CUL-DE-SAC CUL-DE-SAC N CUL DE SAC CUL-DE-SAC N CUL-DE-SAC E CUL-DE-SAC W CUL-DE-SAC CUL-DE-SAC S DEAD END BEAGLE WAY DEAD END S CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC W CUL-DE-SAC DEAD END 0.12 0.44 0.36 0.10 0.05 0.44 0.10 0.46 0.42 0.08 0.10 0.14 0.04 0.14 0.14 0.14 0.14 0.14 0.14 0.28 0.18 0.14 0.06 0.04 0.10 0.14 0.35 0.34 0.10 0.16 0.12 1.10 0.20 0.10 0.26 0.08 Tuesday, January 14, 2014 Page 1 of 4 New Street Street Type LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL STREET FROM TO LANE MILES COMMERCE ST COMMERCE ST COMMUNICATIONS CI CORRENTE LN CRIPPLE CREEK CT DEDI CT DEKOLTA CT DEL HAVEN CT DINWIDDIE RD DITCHLEY RD DODGE DR DORSET AV EBB TIDE RD EDENTON CT EDINBURGH PL EGO DR ELBA ST EMPIRE PASSAGE CT EVAR PL FAIR LADY PL FAIRWEATHER CT FAWKES CT FOUNDRY LA FRAZEE LN FREIGHT LN GAINES LD GENERAL CLARK CT GENESEE WY HAWKINS LA HOLLADAY RD HORACE AV HOUND CT HUTTON CI HYDE LA INDIAN CI INDIAN CREEK CT KEPLER BN KLINE DR LILA LN INDEPENDENCE BLVD MARKET ST MARKET ST CENTRAL PARK AV SHELL RD W DEAD END LAS BRISAS DR CUL-DE-SAC VIRGINIA BEACH BL N DEAD END BLACKSTONE TRL CUL DE SAC BLACKSTONE TRL CUL-DE-SAC RICHARDSON RD S CUL DE SAC LOCKHAVEN CR SEA GULL BLUFF DR YORK LA BRUTON LA LARK ST SILINA DR (WB) SOUTHERN BL N CUL-DE-SAC SHORE DR (WB) OCEAN SHORE AV BERNADOTTE ST S CUL-DE-SAC EDINBURGH DR CUL-DE-SAC LAVERGNE LA AIR STATION DR LYNNSHORE DR CUL-DE-SAC ROYALE WALK DR E CUL-DE-SAC CULVER LA S CUL DE SAC FAIR LADY RD W CUL-DE-SAC CHELSEA GREEN DR S CUL-DE-SAC BLACKSTONE TRL CUL-DE-SAC VIRGINIA BEACH BV CUL-DE-SAC S BIRDNECK RD CUL-DE-SAC PRINCESS ANNE RD DEAD END SOUTH WOODSIDE LN CUL-DE-SAC DOLTON DR S CUL-DE-SAC GREY DOVE LA CENTENNIAL CI NEWTOWN RD (NB) N DEAD END WITCHDUCK RD N HOLLADAY LA COLUMBUS ST VIRGINIA BEACH BL BEAGLE WAY E CUL DE SAC OCONEE AV S CUL-DE-SAC BEADEN DR BEADEN DR INDIAN RD CUL-DE-SAC INDIAN CREEK RD E CUL-DE-SAC WASSERMAN DR CUL-DE-SAC HARRIS RD CUL-DE-SAC INDIAN RIVER RD END 0.20 0.10 0.12 0.26 0.16 0.10 0.10 0.16 0.54 0.31 0.18 0.18 0.22 0.18 0.04 0.44 0.12 0.06 0.20 0.10 0.06 0.10 0.18 0.10 0.22 0.28 0.06 0.18 0.12 0.62 0.24 0.08 0.16 0.16 0.16 0.32 0.48 0.44 0.10 Tuesday, January 14, 2014 Page 2 of 4 Street Type STREET FROM TO LANE MILES LOCAL LIONS WY LOCAL LITCHFIELD CT LOCAL LITCHFIELD RD LOCAL LOCKHEED AV LOCAL LOOKOUT CT LOCAL LUXOR AV LOCAL MAIDSTONE CI LOCAL MARKET ST LOCAL MARKET ST LOCAL MARKET ST LOCAL MARKET ST LOCAL MASON ST LOCAL MATHEWS GREEN RD LOCAL MAY CT LOCAL MEADOW CREST WY LOCAL MEETING HOUSE LA LOCAL MEETING HOUSE RD LOCAL OAKRIDGE CI LOCAL OAKUM CREEK CT LOCAL OLDS LN LOCAL OYSTER POINT QY LOCAL PADMA CT LOCAL PARVATHICT LOCAL PRESTIGE WY LOCAL PROFESSIONAL CI LOCAL PROGRESS LA LOCAL REEDTOWN RD LOCAL RIO BRAVO BN LOCAL RIVER BREEZE CV LOCAL ROBBINS CT LOCAL ROYALE WALK DR LOCAL SCHUMANN DR LOCAL SMOKEHOUSE RD LOCAL SPIGEL DR LOCAL SQUADRON CT LOCAL STRAWBRIDGE RD LOCAL STREAMLINE DR N LOCAL SUMMERVILLE CT LOCAL SUTTON PL KEMPSVILLE RD LITCHFIELD RD HARRIS RD ATLANTIC AV S LOOKOUT RD QUEEN CITY RD 1002 SOUTH BLVD BANK ST COLUMBUS ST COMMERCE ST S DEAD END REEDTOWN RD PRINCESS ANNE RD BEAGLE WAY ELBOW RD MEETING HOUSE RD CHURCH POINT RD WEST DEAD END E CUL-DE-SAC S BIRDNECK RD LITTLE NECK PT GREENVIEW DR GREENVIEW DR E CUL DE SAC WHITECHAPEL DR CENTRAL DR MASON LOS COLONIS DR INGRAM RD ROBBINS LA LONDON BRIDGE RD DAVINCI DR. WELL WATER LA SPIGEL DR S TAYLOR FARM RD S DEAD END DEAD END CARVER AV N PROVIDENCE RD SCHOOL PROPERTY CUL-DE-SAC CUL-DE-SAC VANDERBILT AV S CUL-DE-SAC CITY LINE CUL-DE-SAC VIRGINIA BEACH BL COMMERCE ST BANK ST COLUMBUS ST S CUL-DE-SAC MATHEWS GREEN RD E CUL DE SAC N CUL-DE-SAC CUL-DE-SAC CHURCH POINT RD EAST CUL-DE-SAC W CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC N CUL DE SAC N CUL DE SAC S PLAZA TR INDEPENDENCE CI PRIVATE PROPERTY N CUL-DE-SAC CUL-DE-SAC E CUL-DE-SAC CUL-DE-SAC CHELSEA GREEN DR FIREFALL DR. W DEAD END HALL HAVEN DR E CUL-DE-SAC LONDON BRIDGE RD (SB) FIGHTER DR N CUL DE SAC JAMESTOWN LANDING RD 0.30 0.14 0.20 0.10 0.08 0.10 0.02 0.12 0.10 0.12 0.08 0.16 1.18 0.06 0.24 0.40 0.80 0.10 0.30 0.30 0.06 0.06 0.06 0.26 0.26 0.60 0.36 0.14 0.24 0.04 0.62 0.84 0.46 0.32 0.52 1.02 0.32 0.10 0.04 Tuesday, January 14, 2014 Page 3 of 4 Street Type STREET LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL TABLE ROCK LA TALL OAK CT TALON CT TAYLOR FARM RD THRUSH CT TRADEWINDS RD TRADING POINT LA TRESSLE VIEW PL TWEEDSMUIR CT VETERINARY WY WESLEY DR WESTPORT PL WESTWARD DR WHITETAIL CT WHOOPNG CRANE CI WILHELM DR TABLE ROCK RD. CUL-DE-SAC TALL OAK DR SOUTH CUL-DE-SAC MAGIC HOLLOW BLVD. CUL-DE-SAC DAM NECK RD LONDON BRIDGE RD BROOKLYN AV CUL-DE-SAC LEVEL GREEN BLVD SOUTH CLEAR SPRINGS LN LITTLE NECK PT CUL-DE-SAC GUM AV S W CUL-DE-SAC ROYALE WALK DR E CUL-DE-SAC PRINCESS ANNE RD W CUL DE SAC POTTERS RD (WB) W CUL DE SAC PROVIDENCE RD (EB) JAMESTOWN LANDING RD E DEAD END FIRESIDE LN GREENLAW DR CUL-DE-SAC PURPLE MARTIN LA N CUL DE SAC CASTLE GATE LA BOMBAY LD 0.14 0.10 0.10 0.30 0.16 0.78 0.22 0.18 0.06 0.12 0.34 0.06 0.05 0.08 0.16 0.66 Total Lane Miles of LOCAL streets : 30.00 Total Lane Miles of New Street : 30.00 Tuesday, January 14, 2014 Page 4 of 4 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.26 (Local/Collector) lane miles 17 and changes in class have resulted in an increase of 12.64 (Minor Arterials) lane miles; 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and to begin paying urban maintenance payments to the City of Virginia 28 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: Public Works CA12871 R-1 December 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Cit ••'=*�"" if ice Exhibit B - Changes City of Virginia Beach Public Works / Operations Street Type LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL Street Type STREET FROM TO LANE MILES SHENVALEE DR SHOREHAVEN CT SIGNATURE CI SILVER LAKE DR SILVER MAPLE CI SILVER SPRINGS CT SILVERCREST LN SIOUX DR SIR WILFRED PL SLOANE CT SMOKE TREE LA SMOKEY LAKE DR SOUTHALL DR SOUTHPORT CI ST GEORGE CT STREET PROVIDENCE RD SHOREHAVEN DR S SIGNATURE DR BELSPRINGS DR SILVER MAPLE DR NORTH CUL-DE-SAC SPARROW RD EAST NARRAGANSETT DR OXFORD DR WEST REVERE DR SMOKE TREE LA PINE LAKE DR FIRST COLONIAL RD EXPRESSWAY DR KING GRANT RD CUL DE SAC CUL DE SAC SIGNATURE DR BELSPRINGS DR S CUL DE SAC SOUTH CUL-DE-SAC E CL DE SAC N DEAD END N CUL DE SAC CUL DE SAC STONESHORE RD GREEN MEADOWS DR SOUTHALL QUARTER ALLEY #1 EXPRESSWAY DR N CUL DE SAC 0.78 0.18 0.32 0.52 0.06 0.12 0.10 0.14 0.58 0.08 0.58 1.28 0.32 0.50 0.16 Total Lane Miles of LOCAL streets : 5.72 Total Lane Miles of Additions/Replaced deletions : 5.72 FROM TO LANE MILES URBAN MINOR ARTERIAL DRAKESMILE RD URBAN MINOR ARTERIAL POTTERS RD URBAN MINOR ARTERIAL SALEM RD URBAN MINOR ARTERIAL SALEM RD URBAN MINOR ARTERIAL SALEM RD URBAN MINOR ARTERIAL SALEM RD SHIPPS CORNER RD LYNNHAVEN PW FERRELL PKWY INDEPENDENCE BV LYNNHAVEN PY ROCK LAKE LOOP DAM NECK RD LONDON BRIDGE RD PRINCESS ANNE RD LYNNHAVEN PY FERRELL PY INDEPENDENCE BV 1.28 3.96 0.40 2.56 3.84 0.60 Total Lane Miles of URBAN MINOR ARTERIAL streets : 12.64 Total Lane Miles of Class Change : 12.64 Tuesday, January 14, 2014 Page 1 of 2 Deletions/To be re e laced Street Type LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL STREET FROM TO LANE MILES SHENVALLEE DR SHORE HAVEN CT SIGNATURE CI SILVER CREST LN SILVER MAPLE CT SILVER SPRINGS CT SILVERLAKE DR SIOUX DR SIR WILFRED PL SLOAN CT SMOKETREE LA SMOKEY LAKE DR SOUTH PORT CI SOUTHALL DR ST GEORGE CT PROVIDENCE RD CUL-DE-SAC SHOREHAVEN DR S CUL-DE-SAC SIGNATURE DR SIGNATURE DR SPARROW RD EAST CUL-DE-SAC SILVER MAPLE DR CUL-DE-SAC ROCK LAKE LOOP CUL-DE-SAC BELSPRING DR BELSPRING DR NARRAGANSETT DR BLACKFOOT CRE OXFORD DR WEST PRINCE WILLIAM CT REVERE DR CUL DE SAC SMOKETREE LA STONESHORE DR PINE LAKE DR CUL DE SAC EXPRESSWAY DR EXPRESSWAY DR FIRST COLONIAL ROAD ALLEYWAY KING GRANT RD CUL-DE-SAC Total Lane Miles of LOCAL streets : -0.78 -0.18 -0.16 -0.10 -0.06 -0.08 -0.52 -0.14 -0.32 -0.08 -0.58 -1.28 -0.56 -0.26 -0.36 -5.46 Total Lane Miles of Deletions/To be replaced : -5.46 Tuesday, January 14, 2014 Page 2 of 2 I ITEM: An Ordinance Confirming the Declaration of a Local Emergency MEETING DATE: February 11, 2014 • Background: Virginia Code § 44-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On 5:00 p.m., January 28, 2014, the City Manager issued a declaration of local emergency in light of the imminent threat of a winter storm. The declaration was effective at 5:00 p.m. on January 28, 2014, and concluded at 6:00 a.m. on January 31, 2014. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects the winter storm. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency within 14 days of the declaration. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval City Manage sk ._iga-i--t__ 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; and 13 14 WHEREAS, in response to the imminent threat of damage posed by the winter 15 storm, the City Manager, as the Director of Emergency Management, issued a 16 Declaration of Local Emergency on January 28, 2014, effective at 5:00 p.m. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 22 the Declaration of Local Emergency issued by the City Manager on January 28, 2014, a 23 copy of which is attached hereto and incorporated by reference, and hereby ends the 24 declared emergency, effective January 31, 2014, at 6:00 a.m. Adopted by the Council of the City of Virginia Beach on the day of , 2014. APPROVED AS TO CONTENT: Manager's O e CA12885 January 31, 2014 R-1 1 APPROVED AS TO LEGAL SUFFICI.€NCY: City Attorn OFFICE OF THE CITY MANAGER (757) 3854242 FAX (757) 427.5626 City of Virgiriia Beach VBgov.com MUNICIPAL CENTER BUILDING 1, ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23455-9001 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of severe winter weather conditions and the likelihood of dangerous road conditions and power outages, along with the loss or interruption of vital City services posed by the storm to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning January 28, 2014 at 5:00 p.m. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to .carry out, all powers, duties and functions prescribed by State a local laws, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. K. Spore, City Manan & or of Emergency Management (JN u� G'.D X11 (Date) r A RESOLVVON COAVENDING TILE CITY' CLERK AND gfER. STATE tTOR, MDR EXCEPTIONAL JfANcDLING OT THE COVNCILWENBERAO1OINrafEN7 ,OCFSS `W'1ltER`,EAS, tfie election of Councilmemfers Glenn Davis and Bill DeSteph to the 2fouse of tDeregates in November 2013, and their subsequent resignations from City Council, created two City Council vacancies; WilEEEAS, state haw requires the City Council tofill such vacancies 6y appointment; WI-EREAS, the City Council holds an annual retreat at which it sets goals and priorities for the coming year, and the retreat had been long-scheduledfor January 6 and 7, 2014; 'Wil' EREAS, the new members needed to 6e appointed prior to January 6th in order to participate as councilmem6ers in the retreat, 6ut the December holidays, coupled with City Councils strong desire for an open, inclusive and transparent appointment process, presented severe fogisticalchallenges;• WHEREAS, the City alkali( Fier staff worked tireless& to ensure that each step of the complex appointment process was completed efficient y and in full compliance with statutory and charter requirements, including: • Promptly drafting and posting the official notice and advertisement that sought candidates for the district and at -large seats, thereby enabling the public to learn of the process on November 15'5 (a mere ten days after the November 2013 election that prompted the two resignations) and which also provided applicants with: more than two weeks in which to assemble and submit their application materials; • EXjieditiousy processing applicant materials from thirty-nine applicants and t[ten foffowing up with candidates to help ensure that each application was complete; • Working with otfaer City offices to ensure that each applicant met the criteria for appointment that is mandated 6y state law and the City Charter • Promptly assembling binders for each current counci(nember with detained information on each: applicant; and • Providing assistance and information to applicants, the public, and the press; ani WHEREAS, the City Crerkand her staff went over and above tfze caff of duty to ensure that the City Council appointment process went smoothy, despite substantial time and logisticalchallenges, and also ensured that the process was conducted in a fair, open, inclusive and transparent manner that enabled City Council to make these appointments prior to tfie holidays and, most important y, prior to the early January City Council retreat. NOW, ggtEXE`FOR`E, BE IT RESOLVED B7g3TE COVNCIL OE 'DIE CITY OT VIRGINIA BEADY; VIRGINIA: That the City Council hereby commends City Clerk. `Ruth II -edges Eraser, Chief Deputy City CferkAmanda 'Finley -Barnes, Senior Deputy City CLerk. Gloria Winkler, and Deputy City Clerks Sarah Jenkins, Sandy Madison, and Sandy Thompson for their e.Ktraardnary public service to the citizens of Virginia Beach. Given under our hands and deals this tFourteenth day of January, Two Thousand and Fourteen Amelia Ross-7fammond .%tayor'WWilam D. Sessoms Jr. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management for the Fire Department's Office of Emergency Management MEETING DATE: February 11, 2014 • Background: The City was recently notified of a grant award of $102,914 from the Virginia Department of Emergency Management (VDEM) through the FY 2013 Emergency Management Performance Grant Program. This is a federal grant from the Department of Homeland Security (DHS) that is passed through VDEM. The grant's purpose is to support efforts to develop and maintain a Comprehensive Emergency Management Program. For a number of years, the City received this grant in the amount of $52,914 and appropriated it as part of the City's Operating Budget. Last April, the City was informed that additional funding was available through this grant, which the City requested and was awarded. • Considerations: The City of Virginia Beach's Emergency Operations Center (EOC) has been operational for a number of years. These funds will be used to enhance the situational awareness capabilities of the EOC and to support the EOC mission of community wide direction and control in large scale emergencies. This grant, combined with departmental funds and the utilization of soft matching services, will greatly improve the capabilities of the EOC and emergency management planning. Of the total grant amount, $52,914 was appropriated in the adopted FY 2013-14 Operating Budget. Given the current level of local participation in this program, the City will continue to exceed the required local match even at this increased funding level, so accepting this additional funding will not require a change in the usage of local funds. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendation: Adopt the attached budget amendment. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FROM THE VIRGINIA 3 DEPARTMENT OF EMERGENCY MANAGEMENT 4 FOR THE FIRE DEPARTMENT'S OFFICE OF 5 EMERGENCY MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $50,000 in funding from the US Department of Homeland Security is hereby 11 accepted, and appropriated, with federal revenue increased accordingly, to the FY 12 2013-14 Operating Budget of the Fire Department to enhance the situational awareness 13 capabilities of the EOC and to support the EOC mission of community wide direction 14 and control in large scale emergencies. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: o./.1, Budget and Management Servicer CA12882 R-1 January 21, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ITEM: An Ordinance to Appropriate a $200,000 Virginia Governor's Opportunity Fund Award to the City of Virginia Beach Development Authority MEETING DATE: February 11, 2014 ■ Background: IMS Gear Virginia, Inc., a German -based manufacturer of gear assemblies for automotive seats, recently completed a $35 million expansion of their Virginia Beach manufacturing operations, which included the creation of more than 80 jobs and construction of a 112,000 square foot building in London Bridge Industrial Park. Because Virginia Beach competed for this project with Gainesville, Georgia, where IMS Gear USA is headquartered, a $200,000 incentive award from the Virginia Governor's Opportunity Fund (GOF) was requested and approved to help secure the project for Virginia Beach. In accordance the GOF payment procedures, the full $200,000 GOF payment has been received by the City Manager's office for appropriation to the Development Authority for final disbursement to the Company. ■ Considerations: The attached ordinance provides the $200,000 GOF award received by the City from the Commonwealth of Virginia to the Virginia Beach Development Authority. The Development Authority will administer the grant as required by the GOF process. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 11, 2014, due to inclement weather. ■ Public Information: Advertisement of City Council Agenda ■ Attachments: Ordinance, Award Letter from Virginia Economic Development Partnership Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 AN ORDINANCE TO APPROPRIATE A $200,000 VIRGINIA 2 GOVERNOR'S OPPORTUNITY FUND AWARD TO THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $200,000 received by the City from the Governor's Opportunity Fund (the 9 "GOF") is hereby appropriated, with estimated state revenues increased accordingly, to the 10 City of Virginia Beach Development Authority in furtherance of the purposes of the GOF 11 and the expansion of manufacturing by IMS Gear Virginia, Inc. within the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a Budget and Management Services CA12874 R-1 January 13, 2014 y 2roi )9 Mr � ` P.D.VIRBox ECONOMIC DEVELOPMENT Byrd ePARTNERSHIP 1.G�ll. P.D. 798.901 East Byrd Street 3Y-5 YesVirgaiaorg Richmond, Virginia 23218-0798 BEST STATE FOR BUSINESS 804-545-5600 . www.YesVirginia.org December 19, 2013 Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Municipal Center, Building Number 1, Room 234 Virginia Beach, Virginia 23456 Dear Mr. Spore: Thank you for your efforts in bringing IMS Gear Virginia, Inc. to the City of Virginia Beach. The support of local economic developers, in cooperation with the Virginia Economic Development Partnership, is essential in bringing quality businesses to the Commonwealth. Please find enclosed the $200,000 check from the Governor' s Opportunity Fund to be used for IMS. If we can be of further assistance, please do not hesitate to contact me. Your economic development team has done an outstanding job on this project. We look forward to working with you again in the near future to bring business to Virginia Beach and the Commonwealth. Thank you again, and keep up the good work. Sincerely, 11146 Martin J. Briley President and Chief Executive Officer /krne Enclosure CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia Department of Transportation MEETING DATE: February 11, 2014 • Background: The City of Virginia Beach receives funding from Virginia Department of Transportation ("VDOT") annually for the maintenance of roads based on a distribution formula. This funding is estimated in the annual operating budget to support related activities. The adopted FY 2013-14 Budget estimated $42,916,892 citywide for reimbursement. The General Assembly adjusted the formula for the VDOT Urban Maintenance funding, which provides additional funds for road maintenance activities. There are two pieces to this increase. First, there is a distribution of overweight permit fee revenue based upon eligible lane miles, and the total of this supplemental payment is $18,460. Second, the revised VDOT reimbursement rates for FY 2013-14 have increased the estimated mileage payments for local and collector streets by $454,690. • Considerations: The additional $473,150 can only be used for work eligible for VDOT urban maintenance payments. These additional funds will be put into the Public Works maintenance budget and could be used for resurfacing an additional eight lane miles of arterial roadway. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendation: Adopt the attached budget amendment. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works A-0 City Manager: ) 3, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $473,150 is hereby accepted from the Virginia Department of 9 Transportation and appropriated, with state revenue increased accordingly, to the FY 10 2013-14 Operating Budget of Public Works to conduct additional road maintenance and 11 resurfacing activities. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 14 2014. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servi ' es CA12884 R-1 January 28, 2014 Office L. PLANNING 1. Application of MARK E. THOMASSY and 106 62ND STREET for a Change in a Nonconforming Use re addition of an elevator at 106 62nd Street DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 2. Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES — HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 3. Application of LOTSALISA, LLC for Modification of a Conditional Use Permit, re development of a Wawa Convenience Store with fuel pumps, car wash and convenience store at 1600 General Booth Boulevard DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code: DISTRICT 6 — BEACH a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue RECOMMENDATION: APPROVAL 5. Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST re property at West Neck and North Landing Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from 0-2 Agricultural to Conditional R -5S Residential b. Modification of a Conditional Use Permit re sale of property to MG Homes, LLC for residential development RECOMMENDATION: APPROVAL 6. Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from Conditional 0-1 Office to Conditional B-1 Neighborhood Business b. Conditional Use Permit re a retail "specialty shop" RECOMMENDATION: APPROVAL 7. Application of CITY OF VIRGINIA BEACH to AMEND §401 of the City Zoning Ordinance (CZO) re Farm Stands in Agricultural Districts. 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, Virginia Beach, Virginia, on Tuesday, February 11, 2014, at 6:00 P.M., at which time the following applications will be heard: PRINCESS ANNE - DISTRICT 7 MG HOMES, LLC Application: Conditional Change of Zoning from 0-2 Office and AG -1 Agricultural to Conditional R -5S Residential. Proposal is to develop 23 single- family houses (2.23 units per acre). Comprehensive Plan - Transition Area. Property is located on the West side of West Neck Road approximately 600 feet South of North Landing Road (GPIN 1494708583; 1494801286 (portion)). TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST Application: ]Modification of y Conditional Use Permit. Request is to modify the current Use Permit (church and daycare) to allow a reduction in the lot area subject to the Use Permit at 2660 West Neck Road (GPIN 1494801286). JENNIFER FEDOROWICZ / TROY SCOGGIN Application: Conditional Change of Zoning from Conditional 0-1 Office to Conditional 6-1 Neighborhood Business at 2310 Princess Anne Road (GPIN 2404531549 CHRISTIE ROTHER / TROY SCOGGIN Application: Conditional Use Permit for a specialty retail shop at 2310 Princess Anne Road (GPIN 2404531549). LOTSALISA, LLC Application: Modification of a Conditional Use Permit, (fuel sales, convenience store, and car wash), approved 1/9/1996. Request is to modify the conditions of the Use Permit to allow development of a Wawa convenience store with fuel pumps at 1600 General Booth Blvd (GPIN 2415553211) BEACH - DISTRICT 6 CATCH A WAVE, LLC Application: r i.1 . . f. 'I r , i ai.n to the Oceanfront Resort Form -Based Code [to allow a commercial parking lot] at 2206 and 2210 Pacific Avenue (GPINs 2427180939; 2427190016). LINJON PACIFIC, LLC Application: Special Exception for Alternative Compliance to the Oceanfront Form -Based Code at 2607 Pacific Avenue (GPIN 2428007663). LYNNHAVEN - DISTRICT 5 HALL AUTOMOTIVE, LLC / AUTO PROPERTIES - HALL NISSAN, HALL COLLISION, & VIRGINIA E. CORNICK TRUST Application: Modification of Conditional Use Permit (motor vehicle sales and service) approved on 9/9/2003. Requested modification includes addition of vehicle painting facility as well as changes to conditions pertaining to fencing, storage lot surface treatment, and others at 3757 and 3769 Bonney Road (GPINs 1487431975; 1487432800; 1487434791; 1487437783; 1487531686). MARK E. THOMASSY and 106 62ND STREET Application: Change in Nonconformity 106 62-i Street (GPIN 2419728382). CITY OF VIRGINIA BEACH Ordinance to Amend Section 401 of the City Zoning Ordinance, pertaining to farm stands in Agricultural Districts. 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 For information ca11385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385-4303. Beacon January 26 & February 2, 2014 23934216 BEACH Map L-4 Map Not to Scale Mark E. Thomass & 106 62nd Street • Zoning with ConditionsiProffers, Open Space Promotion Non -Conforming Use ,01 x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 106 62"d Street (GPIN 2419728382) and Owned by Mark Thomassy. COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: February 11, 2014 • Background: The site is categorized as nonconforming since there are currently two dwellings on this one parcel. As the site is zoned R -5R, only one single-family dwelling or a duplex are permitted as a matter of right. According to City records, both homes were constructed in the 1940s, well before any such rules or the Zoning Ordinance existed, and as such, these dwellings are considered "nonconforming" under the provisions of Section 105 of the City Zoning Ordinance. In 2011, an Expansion to a Nonconforming Use was approved by the City Council for this property for a third -floor addition and a renovation of the dwelling facing 62nd Street. • Considerations: The current request is for the installation of an elevator with a 33 square foot footprint to the dwelling on the eastern side of the property, as well as the construction of an 18 square foot elevator equipment room and a 5 -foot wide by 19 -foot long (5' x 19') elevated walkway that will connect the eastern and western dwelling units with air-conditioned space. The elevator and equipment room are proposed along the southern facade, while the 2nd floor connection is proposed to run east to west between the units. As this area of Virginia Beach does have stormwater drainage problems, reducing impervious cover on sites is recommended where possible. Based on this, the applicant has volunteered to remove an existing shed and concrete patio (totaling 420 square feet), which is equivalent to the 51 square foot footprint of the proposed elevator and equipment room. As in 2011, it is Staffs conclusion that the request is reasonable, will have a minimal impact, and should be as appropriate to the district as is the existing non -conforming use. The conditions attached to the 2011 City Council approval for the previous renovations to the property will remain in place. Mark E. Thomassy Page 2of2 • Recommendations: Staff recommends approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the conceptual site layout depicted on the exhibit entitled, "Physical Survey/Zoning Analysis 106 62nd Street," prepared by Gallup Surveyors & Engineers, dated August 19, 2013. 2. The conditions of the July 5, 2011 approval of an Enlargement of a Nonconforming Use shall remain in effect. 3. The exterior of the additions for the elevator and equipment room shall be consistent with the materials and colors of the dwelling labeled as Unit 1 on the conceptual plan referenced by Condition 1. 4. Building elevation drawings for the exterior of the elevator, equipment room, and the elevated walkway shall be submitted to the Current Planning Division of the Planning Department for review, and no Building Permit shall be issued until said building elevations have been approved by Current Planning. • Attachments: Staff Review and Disclosure Statements Location Map Resolution Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Departmen City Manager: Mark E. Thomassv & 106 62nd Street REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 106 62nd Street GPIN: Non -Conforming Use February 11, 2014 City Council Hearing APPLICANT: MARK E. THOMASSY & 106 62ND STREET PROPERTY OWNER: MARK E. THOMASSY STAFF PLANNER: Carolyn A.K. Smith ELECTION DISTRICT: SITE SIZE: AICUZ: 24197283820000 LYNNHAVEN 7,500 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The site is categorized as nonconforming since there are currently two dwellings on this one parcel. As the site is zoned R -5R, only one single-family dwelling or a duplex are permitted as a matter of right. According to City records, both homes were constructed in the 1940s, well before any such rules or the Zoning Ordinance existed, and as such, these dwellings are considered "nonconforming" under the provisions of Section 105 of the City Zoning Ordinance. In 2011, an Expansion to a Nonconforming Use was approved by the City Council for this property for a third -floor addition and a renovation of the dwelling facing 62nd Street. The current request is for the installation of an elevator with a 33 square foot footprint to the dwelling on the eastern side of the property, as well as the construction of an 18 square foot elevator equipment room and a 5 -foot wide by 19 -foot long (5' x 19') elevated walkway that will connect the eastern and western dwelling units with air-conditioned space. The elevator and equipment room are proposed along the southern facade, while the 2nd floor connection is proposed to run east to west between the units. MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Two single-family dwellings SURROUNDING LAND North: USE AND ZONING: South: East: West: • 62nd Street • Single-family dwellings / • Single-family dwellings / • Oceanfront Avenue • Single-family dwellings / • Single-family dwellings / R -5R Residential District R -5R Residential District R -5R Residential District R -5R Residential District NATURAL RESOURCE AND There do not appear to be any significant environmental or cultural CULTURAL FEATURES: features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area 7 -North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). Moreover, the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. 4 IMPACT ON CITY SERVICES City services are not affected by this request. EVALUATION AND RECOMMENDATION This request is for the following additions to the dwelling unit on the eastern (Oceanfront Avenue) side of the subject lot: a 33 square foot addition that will house an elevator; an 18 square foot elevator equipment room; and a 5 -foot wide by 19 -foot long (5' x 19') elevated air-conditioned walkway between the second - floor of the eastern dwelling unit and the western dwelling unit. As this area of Virginia Beach does have stormwater drainage problems, reducing impervious cover on sites is recommended where possible. Based on this, the applicant has volunteered to remove an existing shed and concrete patio (totaling 420 square feet), which is equivalent to the 51 square foot footprint of the proposed elevator and equipment MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 2 room. The conditions attached to the 2011 City Council approval for the previous renovations to the property will remain in place. As in 2011, it is Staff's conclusion that the request is reasonable, will have a minimal impact, and should be as appropriate to the district as is the existing non -conforming use. The request, therefore, is recommended for approval with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the conceptual site layout depicted on the exhibit entitled, "Physical Survey/Zoning Analysis 106 62nd Street," prepared by Gallup Surveyors & Engineers, dated August 19, 2013. 2. The conditions of the July 5, 2011 approval of an Enlargement of a Nonconforming Use shall remain in effect. 3. The exterior of the additions for the elevator and equipment room shall be consistent with the materials and colors of the dwelling labeled as Unit 1 on the conceptual plan referenced by Condition 1. 4. Building elevation drawings for the exterior of the elevator, equipment room, and the elevated walkway shall be submitted to the Current Planning Division of the Planning Department for review, and no Building Permit shall be issued until said building elevations have been approved by Current Planning. 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 application are valid or any structures may be occupied. 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. MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 3 AERIAL PHOTOGRAPH OF SITE LOCATION iA•RP MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 4 REMOVE FRAME SHED CONC. PAD UNDER SHED TO REMAIN --v;s (-97.2 SF of Lot Coverage) z 3 4' VINYL FENCE 2nd STORY BAY WINDOW 6 N 07'15'00" 75.00' CONCRETE PAD 0.7' BLOCK WALL PROPOSED 95.4 SF. 2nd FLOOR CONNECTOR 19.9 2nd FLOOR WOOD / DECK (over cone I0 0 0 0 0 PIN(f) PN(f) O PWR PDLE 0.4' BRICK WALL 1' 7.2 CHIMNEY/ STORAGE .55 20 3' 2 STORY FRAME RESIDENCE 106 FIRST FLOOR FF=794 SECOND FLOOR FF=15.94 Line of 157 Floor 24.3' 'O 5.4 0 6' VINYL FENCE REMOVE CONC. PATIO BENEATH WOOD DECK -323.1 SF of Lot Coverage) -161.55 SF of Impervious Coverage) REMAINS OF B CONCRETE PAD 0.8' 10.0 c) PIPE(f) 51 z 14.5' ry Pia BRICK BORD 50.00 PROPOSED 3' x 6' EQUIP. ROOM PROPOSED 5.5' x 6.0' ELEVATOR 0 5' 49.00 15.00 O O 15.00' 3rd FLOOR DECK - 1' COMMON AREA CD 0 u7 OWER POWER POLE 4' WOOD FENCE 10.00 x x WOOD WALK x 15.4 1.2' 17.1' a. (AI 3 STORY FRAME RESIDENCE #6109 UNIT 1 FIRST FLOOR FF=9.94 SECOND FLOOR FF=19.04 0.1' n TSD FLOOR FF=27.64 N o 1.4' 32.2' // ////) 2nd & 3rd FL. WOOD DECK (9.6' z 32.8')' A .00000. ••,,••,0,�00 10.100.40 64.00; 4' WOOD FENCE 10.0' 8.8 R N Ip 73 10.2 0 0 0 0 COVERED ENTRY N 82'45'00" E 100.00'(totol) 2nd STORY BAY WINDOW 1.00' N 07'15'00" W 75.00'(total) PIPE(f) OCEANFRONT AVENUE (20' R/W) PHYSICAL SURVEY/ZONING ANALYSIS 106 62nd STREET A CONDOMINIUM BEING LOT A AND NORTHERN 1/2 OF LOT B BLOCK 6 - SECTION 2 NEW VIRGINIA BEACH 0/4 WIRE(typ.) CONCEPTUAL SITE LAYOUT (Condition 1) A•Ft MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 5 I BEACH Map L-4 Mao Not to Scale Mark E. Thomassy & 106 62nd Street • Zoning with Conditions/Proffers, Open Space Promotion Non -Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 07/05/11 Nonconforming Use Granted 2 11/09/10 Nonconforming Use Granted 3 04/14/09 Nonconforming Use Granted 4 06/24/08 Nonconforming Use Granted 5 01/08/08 Subdivision Variance Granted MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 6 rrS yy F DUR NPt�� .JS� 0 =L. 0 • Does an official or em Ioyee 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 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) Mark E. Thomassy 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ZCheck 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) ECheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes DISCLOSURE STATEMENT MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Folck West Architects Gailup Surveyors & Engineers, Ltd. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation direly 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' mems "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entry 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. Applicants Signature Mark E. Thomassy Print Name Property Owner's Signature (if different than applicant) Print Name Non -Conforming Use Application Pape 9 of 9 br= a. DISCLOSURE STATEMENT MARK E. THOMASSY February 11, 2014 CITY COUNCIL HEARING Page 8 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 106 62ND 4 STREET 5 6 WHEREAS, Mark Thomassy (hereinafter the "Applicant") has made application 7 to the City Council for authorization for the enlargement of a nonconforming use located 8 at 106 62nd Street in the R-5R Residential Zoning District by enlarging one of the single- 9 family dwellings on the parcel; and 10 11 WHEREAS, two single -family dwellings are located on the parcel. Two single- 12 family dwellings on one parcel are not currently allowed in the R-5R Zoning District. 13 However, the single -family dwellings were built prior to the adoption of the applicable 14 zoning regulations and are therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. With the exception of any modifications required by any of these 36 conditions or as a result of development site plan review, the site shall be 37 developed substantially in conformance with the conceptual site layout 38 depicted on the exhibit entitled, "Physical Survey/Zoning Analysis 106 62nd 39 Street," prepared by Gallup Surveyors & Engineers, dated August 19, 40 2013. 41 42 2. The conditions of the July 5, 2011 approval of an Enlargement of a 43 Nonconforming Use shall remain in effect. 44 45 3. The exterior of the additions for the elevator and equipment room shall be 46 consistent with the materials and colors of the dwelling labeled as Unit 1 47 on the conceptual plan referenced by Condition 1. 48 49 4. Building elevation drawings for the exterior of the elevator, equipment 50 room, and the elevated walkway shall be submitted to the Current 51 Planning Division of the Planning Department for review, and no Building 52 Permit shall be issued until said building elevations have been approved 53 by Current Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: CA12879 R-1 January 31, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Lo dik,4 PR,' City Attorney's Office 2 ci;• 4t PINE I 11 iT • _ritirMi • 1 • on.: ton z ce WC N3NDD'' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HALL AUTOMOTIVE, LLC (Applicant) / AUTO PROPERTIES — HALL NISSAN, HALL COLLISION, & VIRGINIA E. CORNICK TRUST (Owners), Modification of Conditional Use Permit (motor vehicle sales and service) approved on 9/9/2003. 3757 & 3769 Bonney Road (GPINs 1487431975; 1487432800; 1487434791; 1487437783; 1487531686). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: February 11, 2014 • Background: The existing auto sales and service business has been operating since 1986. During subsequent years, Conditional Use Permits and several Street Closures have been approved permitting the construction of numerous buildings, sales display areas, and vehicle storage areas in conjunction with the business. These approvals were conditioned with the typical limitations and design features associated with auto -related and storage uses. In addition, a ten year right-of-way reservation (that has now expired) was required, as well as the redesign of the building and site layout, in anticipation of the future Rosemont Road and 1-264 interchange improvements. In 2003, the City Council approved a three-phase master plan for these 14.6 acres. Only Phase One, the construction of the 37,000 square foot Nissan dealership, has been fully implemented. The applicant requests modification of the past Use Permits for the purpose of revising the uses formerly proposed for the property as well as the location of the various uses. • Considerations: The currently proposed requests are as follows: • Eliminate Phase Two (was a new 15,000 square foot dealership building) and allow a paint booth in the existing building on this site at the corner of Chestnut Avenue and Bonney Road; • Modify Phase Three (was a new sales building and parking and display of used cars and a new building with parking for aftermarket adjustments) as interim bulk storage yards for vehicles and to defer parking lot improvements for the storage yards (allow the use of gravel) for up to five years from date of City Council's approval; • Allow a 2,500 square foot area for storage of auto parts and other materials for recycling (bulk storage); and, • Add the use of bulk storage for towed vehicles in an area of site previously approved for vehicle sales. Hall Automotive, LLC Page 2 of 4 Condition 1 of the 2003 Conditional Use Permit references a site layout that depicts the improvements associated with all three phases of development. As the Phase 2 improvements are no longer desired, and an interim use of bulk storage of vehicles is proposed where the Phase 3 improvements were originally proposed in 2003, a Modification to the Conditional Use Permit is required. In addition, the request for two additional storage areas on the site — one for materials awaiting transfer to a recycling facility and one for towed vehicles — also requires a Modification to the Conditional Use Permit. The Comprehensive Plan designates this site as being within the Rosemont Strategic Growth Area (SGA 5). The existing auto -related uses are not envisioned in the Master Plan, but rather the Plan calls for a transit -oriented residential village with complementary mixed use and office. It specifically identifies the subject properties as a Development Initiative Area — "Nissan Redevelopment." While these uses are not consistent with the Comprehensive Plan's redevelopment vision for the Rosemont SGA, the auto -related operation is deemed appropriate as a continued interim use until the development trends surrounding the properties in the area begin to redevelop consistent with the recommendations of the Rosemont SGA Master Plan. With this Use Permit, all of the applicable conditions from past Conditional Use Permits are now combined in an attempt to alleviate confusion for both the property owner and staff. Obsolete conditions have been removed, applicable conditions remain as originally approved, and several conditions have been updated. As an example, Condition #1 of the June 2001 Conditional Use Permit for the auto body shop and Condition #6 of the September 2003 Conditional Use Permit for auto sales and service state that, "All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted." This condition is modified below (#3 and #4) in order to allow the bulk storage of materials to be recycled. Additionally, to ensure this site does not become a junk yard, staff is also recommending a condition that no on-site sale of recycled materials or public drop-off of recycled materials be permitted. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The conditions of the June 5, 2001 and September 9, 2003 Conditional Use Permits are deleted and are replaced with Condition 2, below, and as specifically modified by the other listed conditions of this Use Permit. 2. Development and redevelopment of the site shall substantially conform with the plan entitled "Conceptual Site Layout Plan Of Hall Properties, Bonney Road, Virginia Beach, VA," dated October 10, 2013, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All auto repair shall take place inside the "Existing Shop" or the "Existing Body Shop" buildings, as depicted on the concept plan identified in Condition #2 above. I Hall Automotive, LLC Page 3of4 4. No outside storage of equipment, parts or materials, other than materials stored for future recycling in the 2,500 square foot storage area depicted on the concept plan identified in Condition 2 above, shall be permitted. 5. No on-site sale of recycled materials or public drop-off of recycled materials (for profit or otherwise) shall be permitted. 6. The two existing gravel lots depicted on the concept plan identified in Condition 2, above, shall be permitted on the site as a temporary site condition for no more than five years from the date of approval by City Council of this request. 7. All overhead doors located on the side of any building facing 1-264 must remain closed except for moving vehicles into and out of the building for service. 8. The area identified on the concept plan identified in Condition 2 above as "Existing Enclosed Bulk Storage for Towed Vehicles and Sales" shall be screened from view with the use of Category VI screening. The existing chain-link fence along the northern boundary of this area may remain until such time as that fence is replaced. An all-weather, solid fence shall be installed when the chain link fence is replaced. Barbed wire shall be prohibited on any new fence on these properties. 9. A 50 -foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to Rosemont Road and 1-264 interchange. 10. The building labeled as "Existing Body Shop" on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Conceptual Design for HALL AUTO WORLD COLLISION CENTER," prepared by Burkhart Thomas Architecture/Interior Design and on file in the Planning Department, as per the June 5, 2001 Conditional Use Permit. 11. The building labeled as "Existing Nissan Building, 37,000 SF" on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Hall Nissan, Front Elevation - Bonney Road" and "Hall Nissan, Right Side Elevation — Butternut Lane" dated May 30, 2003, as per the September 9, 2003 Conditional Use Permit. 12. When constructed, all "Proposed" buildings shown on the concept plan identified in Condition 2, above, shall be developed in substantial conformance with the architectural style, colors and materials used for the "Existing Nissan Building, 37,000 SF," referenced in Condition 2, above. 13. All internal lot lines within the 14.6 -acre site governed by this this Conditional Use Permit shall be vacated by plat prior to final site plan approval of the next phase of construction. 14. Chain-link fencing and the use of barbed wire shall not be allowed surrounding any bulk or vehicle storage area. Any existing chain-link fencing on the site shall be removed from the site with the redevelopment of each parcel or when the chain- link fence is replaced, whichever is first. In no case shall new barbed wire be I Hall Automotive, LLC Page 4 of 4 permitted. 15. Streetscape landscaping, as required by the Virginia Beach Landscaping Guide, shall be installed where deficient between rights-of-way and parking lots/display areas. 16. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at any time. 17. Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce Street. 18. No unloading of car carriers or other vehicles transporting vehicles to the site for sale or repair shall be permitted in the rights-of-way. 19. Storage of vehicles awaiting repair and inoperable vehicles shall be stored within the "Enclosed Bulk Storage Area for Towed Vehicles," or within the "Existing Body Shop" or "Existing Shop" buildings, and in no case is the storage of these vehicles permitted within any parking lot. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. • 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 / kJJ City Manager:\::i.. I c"D�lWI, 1 LYNNHAVEN %lav G-7 to S Hall Automotive, L.L.C. Modification of Conditions D3 January 8, 2014 Public Hearing APPLICANT : HALL AUTOMOTIVE, LLC PROPERTY OWNER: AUTO PROPERTIES - HALL NISSAN VIRGINIA BEACH, AUTO PROPERTIES - HALL COLLISION, VIRGINIA E. CORNICK TRUST STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for installation of a paint booth in existing building at the corner of Chestnut Avenue and Bonney Road; use of two parcels as interim bulk storage yards for vehicles and the deferral of parking lot improvements for up to five years; a 2,500 square foot area for storage of auto parts and other materials for recycling; and, the addition of bulk storage for towed vehicles in an area on the site that was previously approved for vehicle sales. ADDRESS / DESCRIPTION: 3757 & 3769 Bonney Road GPIN: 14874319750000 14877428000000 14874347910000 14874377930000 14874364730000 14875316860000 ELECTION DISTRICT: SITE SIZE: LYNNHAVEN 14.6 acres AICUZ: Less than 65 dB DNL APPLICATION HISTORY: This item was advertised for the December 11, 2013 Planning Commission Hearing; however, the required Public Notice signs were not posted. Accordingly, the Planning HALL AUTOMOTIVE, LLC Agenda Item D3 Page 1 Commission deferred the application. The required signs have now been posted. BACKGROUND / DETAILS OF PROPOSAL The existing auto sales and service business has been operating since 1986. During subsequent years, Conditional Use Permits and several Street Closures have been approved permitting the construction of numerous buildings, sales display areas, and vehicle storage areas in conjunction with the business. These approvals were conditioned with the typical limits and design features associated with auto -related and storage uses. In addition, a ten year right-of-way reservation (that has now expired) was required, as well as the redesign of the building and site layout, in anticipation of the future Rosemont Road and 1-264 interchange improvements. In 2003, the City Council approved a three-phase master plan for these 14.6 acres. Only Phase One, the construction of the 37,000 square foot Nissan dealership, has been fully implemented. The current request is to: • Eliminate Phase Two (a new 15,000 square foot dealership building) and allow a paint booth in the existing building on this site at the corner of Chestnut Avenue and Bonney Road; • Modify Phase Three (a new sales building and parking and display of used cars and a new building with parking for aftermarket adjustments) as interim bulk storage yards for vehicles and to defer parking lot improvements for the storage yards (allow the use of gravel) for up to five years from date of City Council's approval; • Allow a 2,500 square foot area for storage of auto parts and other materials for recycling (bulk storage); and, • Add the use of bulk storage for towed vehicles in an area of site previously approved for vehicle sales. Condition 1 of the 2003 Conditional Use Permit references a site layout that depicts the improvements associated with all three phases of development. As the Phase 2 improvements are no longer desired, and an interim use of bulk storage of vehicles is proposed where the Phase 3 improvements were originally proposed in 2003, a Modification to the Conditional Use Permit is required. In addition, the request for two additional storage areas on the site — one for materials awaiting transfer to a recycling facility and one for towed vehicles — also requires a Modification to the Conditional Use Permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Primarily auto -related uses such as auto sales, service, and repair SURROUNDING LAND North: USE AND ZONING: South: • Bonney Road • Mixed retail / B-2 Community Business District • Financial institution / B-2 Community Business District • 1-264 HALL AUTOMOTIVE, LLC Agenda Item D3 Page 2 East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Butternut Lane, Pine Street, and Poplar Street • Contractor office and storage / 1-1 Light Industrial District • Retail / B-2 Community Business District The property is within the Chesapeake Bay Watershed. It consists of primarily impervious surfaces. There are no known natural or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates these sites as Urban Area - Rosemont Strategic Growth Area (SGA 5), for which the Rosemont SGA Master Plan was adopted as a Comprehensive Plan amendment on September 13, 2011. The Rosemont SGA is envisioned as a transit -oriented, residential village with complementary mixed-use and office developments. More specifically, the Rosemont SGA Master Plan identifies the subject properties as being located within two Rosemont development initiative areas: Thalia Station Development and Nissan Redevelopment. The Master Plan reflects redevelopment of this area with new blocks of high-density apartment and commercial development along Virginia Beach Boulevard, townhouse development on adjacent properties and phased -in high density/mixed-use development adjacent to a future transit station. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is a four -lane undivided, urban, minor collector. Although the VDOT 1-264 Corridor Study and the Rosemont Strategic Growth Area Plan propose a variety of proposals for Bonney Road, there are currently no Roadway CIP projects that affect Bonney Road or its cross -streets in the vicinity of this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 16,500 ADT 1 14,800 ADT 1(Level of Service "C") - 22,800 ADT 1 (Level of Service „D„) Existing and Proposed Land Use 2- 2,234 ADT 'Average Daily Trips las defined by existing auto dealership and auto related uses with no significant change in land use WATER & SEWER: The existing buildings are already connected to City water and sewer. No service is required for the bulk storage areas; however, when those areas eventually develop with structures needing water and sewer, analysis of Pump Station #503 may be required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION HALL AUTOMOTIVE, LLC Agenda Item D3 Page 3 The Comprehensive Plan designates these sites as Urban Area - Rosemont Strategic Growth Area (SGA 5). The existing auto -related uses are not envisioned in the Master Plan, but rather the Plan calls for a transit -oriented residential village with complementary mixed use and office. It specifically identifies the subject properties as a Development Initiative Area — "Nissan Redevelopment." The applicant's proposed modifications include the installation of a paint booth in the existing building at the corner of Chestnut Avenue and Bonney Road; the use of two parcels as interim bulk storage yards for vehicles, and the deferral of parking lot improvements for up to five years; the development of a 2,500 square foot area for storage of auto parts and other materials for recycling; and, the addition of a bulk storage yard for towed vehicles, located in an area of the site that was previously approved for vehicle sales. While these uses are not consistent with the Comprehensive Plan's redevelopment vision for the Rosemont SGA, the Modification to the Conditional Use Permit is recommended for approval. The auto -related operation is deemed appropriate as a continued interim use until the development trends surrounding the properties in the area begin to redevelop consistent with the recommendations of the Rosemont SGA Master Plan. The Comprehensive Plan's Land Use Recommendations and the Special Area Development Guidelines for Urban Areas call for quality landscaping and fencing. The use of stockade or chain link fence where visible from any public street is discouraged. Consistent with this, the retention of the existing chain link fencing with barbed wire, which is visible from the rights-of-way, is not recommended for approval. The applicant is amenable to retrofitting the existing fencing along Chestnut Avenue, along the property line adjacent to the financial institution at the terminus of Pine Street and around the proposed recycled materials storage area in order to meet this recommendation as well as to comply with the Zoning Ordinance requirements for screening of bulk storage yards. With this Use Permit, all of the applicable conditions from past Conditional Use Permits are now combined in an attempt to alleviate confusion for both the property owner and staff. Obsolete conditions have been removed, applicable conditions remain as originally approved, and several conditions have been updated. As an example, Condition #1 of the June 2001 Conditional Use Permit for the auto body shop and Condition #6 of the September 2003 Conditional Use Permit for auto sales and service state that, "All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted." This condition is modified below (#3 and #4) in order to allow the bulk storage of materials to be recycled. Additionally, to ensure this site does not become a junk yard, staff is also recommending a condition that no on-site sale of recycled materials or public drop-off of recycled materials be permitted. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. The conditions of the June 5, 2001 and September 9, 2003 Conditional Use Permits are deleted and are replaced with Condition 2, below, and as specifically modified by the other listed conditions of this Use Permit. 2. Development and redevelopment of the site shall substantially conform with the plan entitled "Conceptual Site Layout Plan Of Hall Properties, Bonney Road, Virginia Beach, VA," dated October 10, 2013, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All auto repair shall take place inside the "Existing Shop" or the "Existing Body Shop" buildings, as depicted on the concept plan identified in Condition #2 above. HALL AUTOMOTIVE, LLC Agenda Item D3 Page 4 4. No outside storage of equipment, parts or materials, other than materials stored for future recycling in the 2,500 square foot storage area depicted on the concept plan identified in Condition 2 above, shall be permitted. 5. No on-site sale of recycled materials or public drop-off of recycled materials (for profit or otherwise) shall be permitted. 6. The two existing gravel lots depicted on the concept plan identified in Condition 2, above, shall be permitted on the site as a temporary site condition for no more than five years from the date of approval by City Council of this request. 7. All overhead doors located on the side of any building facing 1-264 must remain closed except for moving vehicles into and out of the building for service. 8. The area identified on the concept plan identified in Condition 2 above as "Existing Enclosed Bulk Storage for Towed Vehicles and Sales" shall be screened from view with the use of Category VI screening. The existing chain-link fence along the northern boundary of this area may remain until such time as that fence is replaced. An all-weather, solid fence shall be installed when the chain link fence is replaced. Barbed wire shall be prohibited on any new fence on these properties. 9. A 50 -foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to Rosemont Road and 1-264 interchange. 10. The building labeled as "Existing Body Shop" on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Conceptual Design for HALL AUTO WORLD COLLISION CENTER," prepared by Burkhart Thomas Architecture/Interior Design and on file in the Planning Department, as per the June 5, 2001 Conditional Use Permit. 11. The building labeled as "Existing Nissan Building, 37,000 SF" on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Hall Nissan, Front Elevation - Bonney Road" and "Hall Nissan, Right Side Elevation — Butternut Lane" dated May 30, 2003, as per the September 9, 2003 Conditional Use Permit. 12. When constructed, all "Proposed" buildings shown on the concept plan identified in Condition 2, above, shall be developed in substantial conformance with the architectural style, colors and materials used for the "Existing Nissan Building, 37,000 SF," referenced in Condition 2, above. 13. All internal lot lines within the 14.6 -acre site governed by this this Conditional Use Permit shall be vacated by plat prior to final site plan approval of the next phase of construction. 14. Chain-link fencing and the use of barbed wire shall not be allowed surrounding any bulk or vehicle storage area. Any existing chain-link fencing on the site shall be removed from the site with the redevelopment of each parcel or when the chain-link fence is replaced, whichever is first. In no case shall new barbed wire be permitted. 15. Streetscape landscaping, as required by the Virginia Beach Landscaping Guide, shall be installed where deficient between rights-of-way and parking lots/display areas. 16. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at any time. 17. Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut HALL AUTOMOTIVE, LLC Agenda Item D3 Page 5 Avenue, Butternut Lane and/or Spruce Street. 18. No unloading of car carriers or other vehicles transporting vehicles to the site for sale or repair shall be permitted in the rights-of-way. 19. Storage of vehicles awaiting repair and inoperable vehicles shall be stored within the "Enclosed Bulk Storage Area for Towed Vehicles," or within the "Existing Body Shop" or "Existing Shop" buildings, and in no case is the storage of these vehicles permitted within any parking lot. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. 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. HALL AUTOMOTIVE, LLC Agenda Item D3 Page 6 AERIAL OF SITE LOCATION HALL AUTOMOTIVE, LLC Agenda Item D3 Page 7 PROPOSED SITE LAYOUT HALL AUTOMOTIVE, LLC Agenda Item D3 Page 8 LYNNHAVEN Map G-7 Ma. Not to Scale Hall Automotive, L.L.C. 5 B VIRGINIA BEACH BLVD a sa IINN ' - / .4 ra VA Fr A_� �Y/�A %V., A 1 OrAli , r A 'Zoning with Conditions/Proffers, Open Space Promotion or PDH -2 Overlays R7.S c) m to -103 ti 0 Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 09/09/03 Rezoning (1-1 to B-2) Conditional Use Permit (auto sales & service) Granted Granted 2 03/25/03 Rezoning (1-2 & B-2 to Conditional B-2) Conditional Use Permit (auto sales) Granted Granted 3 01/28/03 Street Closure Granted 4 12/10/02 Conditional Use Permit (auto sales parking lot expansion) Granted 5 06/05/01 Conditional Use Permit (auto body shop) Street Closure Granted Granted 6 07/13/93 Conditional Use Permit (motor vehicle rentals) Granted 7 10/30/89 Conditional Use Permit (auto repair) Granted HALL AUTOMOTIVE, LLC Agenda Item D3 Page 9 Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT HALL AUTOMOTIVE, LLC Agenda Item D3 Page 10 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) William R. Baker (President); Christine Champigny (SecretarylTreasure); Steve Fader (CEO); Scott Fader (COO) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached list. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See attached lease agreement 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT HALL AUTOMOTIVE, LLC Agenda Item D3 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) - MSA, PC - Government Permitting Consultant - Shore Equipment Company "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. 1 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. LairLA A L Applicant's Signature Please see attached lease agreement Property Owner's Signature (if different than applicant) Print Name William R. Baker Print Name DISCLOSURE STATEMENT HALL AUTOMOTIVE, LLC Agenda Item D3 Page 11 Property Owner Contact Information Auto Properties — Hall Nissan Virginia Beach 441 Viking Drive Virginia Beach, VA 23452 757-431-9944 (phone) 757-431-9950 (fax) Auto Properties — Hall Collision 441 Viking Drive Virginia Beach, VA 23452 757-431-9944 (phone) 757-431-9950 (fax) Virginia E. Cornick Trust (Represented by Hook Law Center) 295 Bendix Road Virginia Beach, VA 23452 757-399-7506 (phone) 757-397-1267 (fax) DISCLOSURE STATEMENT HALL AUTOMOTIVE, LLC Agenda Item D3 Page 12 Item #D3 Hall Automotive Modification of Conditional Use Permit 3757 & 3769 Bonney Road District 5 Lynnhaven January 8, 2014 CONSENT An application of Hall Automotive for a Modification of a Conditional Use Permit for installation of a paint booth in existing building at the corner of Chestnut Avenue and Bonney Road; use of two parcels as interim bulk storage yards for vehicles and the deferral of parking lot improvements for up to five years; a 2,500 square foot area for storage of auto parts and other materials for recycling; and, the addition of bulk storage for towed vehicles in an area on the site that was previously approved for vehicle sales on property located at 3757 & 3769 Bonney Road, District 5, Lynnhaven. GPIN: 14874319750000; 14877428000000; 14874347910000 14874377930000; 14874364730000; 14875316860000. CONDITIONS 1. The conditions of the June 5, 2001 and September 9, 2003 Conditional Use Permits are deleted and are replaced with Condition 2, below, and as specifically modified by the other listed conditions of this Use Permit. 2. Development and redevelopment of the site shall substantially conform with the plan entitled "Conceptual Site Layout Plan Of Hall Properties, Bonney Road, Virginia Beach, VA," dated October 10, 2013, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All auto repair shall take place inside the "Existing Shop" or the "Existing Body Shop" buildings, as depicted on the concept plan identified in Condition #2 above. 4. No outside storage of equipment, parts or materials, other than materials stored for future recycling in the 2,500 square foot storage area depicted on the concept plan identified in Condition 2 above, shall be permitted. 5. No on-site sale of recycled materials or public drop-off of recycled materials (for profit or otherwise) shall be permitted. 6. The two existing gravel lots depicted on the concept plan identified in Condition 2, above, shall be permitted on the site as a temporary site condition for no more than five years Item #D3 Hall Automotive Page 2 from the date of approval by City Council of this request. 7. All overhead doors located on the side of any building facing 1-264 must remain closed except for moving vehicles into and out of the building for service. 8. The area identified on the concept plan identified in Condition 2 above as "Existing Enclosed Bulk Storage for Towed Vehicles and Sales" shall be screened from view with the use of Category VI screening. The existing chain-link fence along the northern boundary of this area may remain until such time as that fence is replaced. An all-weather, solid fence shall be installed when the chain link fence is replaced. Barbed wire shall be prohibited on any new fence on these properties. 9. A 50 -foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to Rosemont Road and 1-264 interchange. 10. The building labeled as "Existing Body Shop" on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Conceptual Design for HALL AUTO WORLD COLLISION CENTER," prepared by Burkhart Thomas Architecture/Interior Design and on file in the Planning Department, as per the June 5, 2001 Conditional Use Permit. 11. The building labeled as "Existing Nissan Building, 37,000 SF" on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Hall Nissan, Front Elevation - Bonney Road" and "Hall Nissan, Right Side Elevation — Butternut Lane" dated May 30, 2003, as per the September 9, 2003 Conditional Use Permit. 12. When constructed, all "Proposed" buildings shown on the concept plan identified in Condition 2, above, shall be developed in substantial conformance with the architectural style, colors and materials used for the "Existing Nissan Building, 37,000 SF," referenced in Condition 2, above. 13. All internal lot lines within the 14.6 -acre site governed by this this Conditional Use Permit shall be vacated by plat prior to final site plan approval of the next phase of construction. 14. Chain-link fencing and the use of barbed wire shall not be allowed surrounding any bulk or vehicle storage area. Any existing chain-link fencing on the site shall be removed from the site with the redevelopment of each parcel or when the chain-link fence is replaced, whichever is first. In no case shall new barbed wire be permitted. I Item #D3 Hall Automotive Page 3 15. Streetscape landscaping, as required by the Virginia Beach Landscaping Guide, shall be installed where deficient between rights-of-way and parking lots/display areas. 16. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at any time. 17. Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce Street. 18. No unloading of car carriers or other vehicles transporting vehicles to the site for sale or repair shall be permitted in the rights-of-way. 19. Storage of vehicles awaiting repair and inoperable vehicles shall be stored within the "Enclosed Bulk Storage Area for Towed Vehicles," or within the "Existing Body Shop" or "Existing Shop" buildings, and in no case is the storage of these vehicles permitted within any parking lot. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item D3. AYE 10 NAY 0 ABS 0 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item D3 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. Zoning with Conditions/Proffers, Open Space Promotion suompuoQ Jo uogeoy!poyq Z m aro 0 z z m YT'I tsgesjoZ ., cy C4`li,l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LOTSALISA, LLC (Applicant / Owner), Modification of a Conditional Use Permit, (fuel sales, convenience store, and car wash), approved 1/9/1996. 1600 General Booth Blvd (GPIN 2415553211) COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: February 11, 2014 ■ Background: A Conditional Use Permit permitting an automobile service station and a car wash in conjunction with a convenience store/fast food restaurant was approved by the Virginia Beach City Council on January 9, 1996. The Conditional Use Permit has three conditions, all of which tie the approved operation to a specific building design, exterior colors, and signage. The site is currently vacant as all structures were removed from the site in February 2006. The applicant proposes to construct another automobile service station on this site, specifically a Wawa with up to twelve fuel pumps. Since the proposal is for a Wawa, the building and site designs are vastly different than what was approved by City Council in 1996, hence, the applicant's request for a Modification of Conditions. The three conditions of the 1996 Use Permit will be deleted should this application be approved. ■ Considerations: The submitted building elevations depict a one-story, Wawa convenience store with 5,000 square feet of floor area. The primary exterior material for all of the facades is brick, with limited use of exterior insulation finish system (EIFS) above the entry. A dark gray standing seam metal roof is also depicted. A stone veneer provides a decorative feature at the base of the building. The single sloped -roof fueling canopy also features a gray standing -seam metal roof. The HVAC equipment is planned to be installed on the roof, consistent with the design of all Wawa's. The applicant reduced the area of impervious surface originally depicted on the submitted site plan by narrowing the drive aisles and eliminating some of the parking spaces proposed behind the building. The conceptual site plan depicts up to 45 parking spaces, 27 more than the maximum number permitted by the Zoning Ordinance. Wawa store's provide not only fuel and convenience products but also `to go' food items. While not technically a restaurant, some customers are drawn to the store for the food items rather than the purchase of the vehicle fuel. As such, the applicant will pursue an administrative parking variance for the additional parking, as provided for by Section 203(b)(9) of the City Zoning Ordinance. Access to this site is from General Booth Boulevard and Dam Neck Road. The conceptual site plan depicts a longer right -turn lane along Dam Neck Road that will improve both safety and access to the site. The entrance along General Booth Boulevard is located as far south as possible, in order to allow for exiting vehicles using this access point to make their desired turning movements before reaching the signal at Lotsalisa, LLC Page 2 of 4 Dam Neck Road. Landscape screening and buffering was important with the City Council approval in 1996, and it appears that the majority of the existing trees are planned to be preserved and integrated into the overall design of development, including the buffer and fence along the eastern property line. The submitted plan notes that the row of crape myrtles along the southern property will be "preserved to the greatest extent possible." The stormwater management strategy for the project includes the use of a bio -retention bed along General Booth Boulevard and a slight expansion of the existing stormwater management facility near Dam Neck Road. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0-1, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 9, 1996, are deleted and are replaced with the conditions below. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted plan titled "WAWA CONVENIENCE STORE, Conceptual Site Plan, 1600 General Booth Blvd, Virginia Beach, Virginia, dated 04/15/13, and prepared by MSC, P.C. Said plan is on file in the City of Virginia Beach Planning Department. 3. Other than dead, dying, or diseased plants, the removal of existing vegetation (mix of trees and shrubs) along the eastern property line and within a minimum 15 -foot wide buffer shall be prohibited. 4. As depicted on the concept plan referenced in Condition 2, the row of crape myrtles along the southern property line is noted on the plan "to be preserved to the greatest extent possible." In the event that any of this plant material be impacted during construction or in the future, it shall be re-established as per approved by the Planning Department. 5. Plant material shall be installed, at a minimum, along the rights-of-way, as Streetscape Landscaping. 6. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City ordinances and building codes, the building and canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Proposed Wawa, 1600 General Booth Blvd. & Dam Neck Rd., Virginia Beach, VA.," dated August 2, 2013, prepared by Cuhaci & Peterson, with the addition of the awning wrapping around and along the northern facade. Said elevation is on file in the City of Virginia Beach Planning Department. Lotsalisa, LLC Page 3 of 4 7. The fueling canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Wawa Convenience Store Signage Details," prepared by MSA, PC., dated 4/15/13. The canopy columns shall be wrapped in stone, as depicted on the elevation. Said elevation is on file in the City of Virginia Beach Planning Department. 8. In accordance with Section 245(e) of the City of Virginia Beach Zoning Ordinance, the dumpster area shall be enclosed with materials that match the building, which shall be surrounded with plants. Any air pump proposed on the site shall also be screened from view of the rights-of-way with evergreen shrubs, minimum height 18 inches at installation. 9. A detail of the Vent Stack shall be submitted to the Current Planning Division of the Planning Department during final site plan review and shall be subject to screening as required by the Planning Department. 10. Signage for the site shall meet the requirements of the Zoning Ordinance and shall be limited to: a. Directional signs; b. One monument -style freestanding sign (no more than eight feet in height, set on a brick base to match the building brick) and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. Fuel prices may be displayed on the monument -style freestanding sign in electronic display format but shall comply with the regulations of Section 217 of the City Zoning Ordinance. 11. No outdoor vending machines and / or display of merchandise shall be allowed. 12. Pedestrian walkways to the convenience store shall be provided from the sidewalks in the public rights-of-way, in accordance with Section 246(d) of the Zoning Ordinance. 13. Bicycle racks shall be provided near the entrance of the store. 14. Either a right-of-way dedication or easement that encompasses the sidewalk, as well as potentially room for any additional needed public improvements along Dam Neck Road, shall be recorded as required by Public Works during final site plan review. 15. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and Lotsalisa, LLC Page 4 of 4 type of fixture. Pole lighting shall not exceed 14 feet in height. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low- level security lighting for non -business hours. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage Lotsalisa, L.L.C. •Zoning wM lwdan.FM/r.. tnA Sp... F1uarl.w Modification of Conditions 3 January 8, 2014 Public Hearing APPLICANT & PROPERTY OWNER: LOTSALISA, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditions of a Conditional Use Permit for fuel sales with convenience store (original Conditional Use Permit approved by the City Council in 1996) ADDRESS / DESCRIPTION: 1600 General Booth Boulevard GPIN: 24155532110000 ELECTION DISTRICT: SITE SIZE: AICUZ: PRINCESS ANNE 1.50 acres Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Use Permit permitting an automobile service station and a car wash in conjunction with a convenience store/fast food restaurant was approved by the Virginia Beach City Council on January 9, 1996. The Conditional Use Permit has three conditions, all of which tie the approved operation to a specific building design, exterior colors, and signage. The site is currently vacant as all structures were removed from the site in February 2006. The applicant proposes to construct another automobile service station on this site, specifically a Wawa with up to twelve fuel pumps. Since the proposal is for a Wawa, the building and site designs are vastly different than what was approved by City Council in 1996, hence, the applicant's request for a Modification of Conditions. The three conditions of the 1996 approval are recommended to be replaced with the conditions suggested at the end of this report. The submitted building elevations depict a one-story, 5,000 square foot Wawa convenience store. The primary exterior material for all of the facades is brick, with limited use of exterior insulation finish system (EIFS) above the entry. A dark gray standing seam metal roof is also depicted. A stone veneer provides a decorative feature at the base of the building. The single sloped -roof fueling canopy also features a gray standing -seam metal roof. The HVAC equipment is planned to be installed on the roof, consistent with the design of all Wawa's. LOTSALISA, LLC Agenda Item 3 Page 1 The applicant has tweaked the layout to reduce impervious surfaces by narrowing the drive aisles and reducing some of the parking spaces proposed behind the building. The conceptual site plan depicts up to 45 parking spaces, 27 more than the maximum number permitted by the Zoning Ordinance. Wawa's offer not only gas and convenience products but also menu items to go. While not technically a restaurant, some customers are drawn to the store for the food items rather than the purchase of the vehicle fuel. As such, the applicant will pursue an administrative parking variance for the additional parking, as provided for by Section 203(b)(9) of the City Zoning Ordinance. Access to this site is from General Booth Boulevard and Dam Neck Road. The conceptual site plan depicts a longer right -turn lane along Dam Neck Road that will improve both safety and access to the site. Ideally, the entrance along General Booth Boulevard should be located as far south as possible, in order to allow for exiting vehicles using this access point to make their desired turning movements before reaching the signal at Dam Neck Road. Landscape screening and buffering was important with the City Council approval in 1996, and it appears that the majority of the existing trees are planned to be preserved and integrated into the overall design of development, including the buffer and fence along the eastern property line. The submitted plan notes that the row of crape myrtles along the southern property will be "preserved to the greatest extent possible." The stormwater management strategy for the project includes the use of a bio -retention bed along General Booth Boulevard and a slight expansion of the existing stormwater management facility near Dam Neck Road. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site, formerly an automobile service station and car wash with a restaurant and convenience store SURROUNDING LAND North: • Dam Neck Road USE AND ZONING: • Convenience store with fuel pumps / B-2 Community Business District South: • Old Dam Neck Road • Single-family dwellings / AG -2 Agricultural District East: • Single-family dwellings / AG -2 Agricultural District West: • General Booth Boulevard • Retail, fast-food restaurant, bank, urgent care medical center / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: As this site was previously developed as a gas station, car wash and convenience store, no significant natural or cultural resources exist on the property other than trees along the southern and eastern property lines. 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 LOTSALISA, LLC Agenda Item 3 Page 2 maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth Boulevard is a four -lane major suburban arterial roadway with a variable (140 -foot to 160 -foot) right-of-way width. The City's MTP shows an ultimate six -lane, 150 -foot wide right-of-way typical section for this portion of General Booth Boulevard. Dam Neck Road is shown on the City's MTP as a six -lane, 165 -foot wide right-of-way. No Roadway CIP projects are currently planned for either of these roadway sections. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 29,800 ADT 1 32,500 ADT 1(Level of Service "C") - 37,100 ADT 1 (Level of Service "E") Former Land Use 2— 4,883 ADT Proposed Land Use 3— 6,511 ADT Dam Neck Road 33,500 ADT 1 49,300 ADT 1(Level of Service "C") - 55,800 ADT 1 (Level of Service "E") 'Average Daily Trips 2 as defined by convenience store with nine fuel pumps Sas defined by convenience store with twelve fuel pumps WATER: This site must connect to City water. There is an existing 20 -inch City water main in General Booth Boulevard, an existing 12 -inch City water line in Dam Neck Road, and an existing 12 -inch City water line in Old Dam Neck Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 603 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing 42 -inch HRSD force main in General Booth Boulevard, an existing eight -inch City gravity sanitary sewer main and a 54 -inch HRSD force main in Old Dam Neck Road, and an existing eight -inch City gravity sanitary sewer main on Dam Neck Road. EVALUATION AND RECOMMENDATION A Conditional Use Permit permitting an automobile service station and a car wash in conjunction with a convenience store/fast food restaurant was approved on this site by the Virginia Beach City Council in LOTSALISA, LLC Agenda Item 3 Page 3 1996. While the applicant's proposed use of the property is similar, the 1996 Use Permit must be modified, as that operation has been razed and the currently proposed development has a different site layout and building design. This proposal, in Staffs opinion, reflects a higher quality site layout and building design than the 1996 proposal. The request to construct a new convenient store and fuel pumps is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The Comprehensive Plan's 'Development Guidelines for Suburban Areas' addresses both site and building design. It is Staffs opinion that the project is generally consistent with these Guidelines and the land use policies of the Comprehensive Plan. A brief summary of the applicable Guidelines is provided below. • Access and Circulation - Vehicular and non -vehicular access is marked distinctly and is clearly separated on the site, as per the concept plan. The submitted site layout depicts an longer right turn lane along Dam Neck Road that will improve both safety and access to the site. The entrance along General Booth Boulevard is not ideally located, and could be better utilized if placed as far south as possible, in order to allow for exiting vehicles using this access point to make their desired turning movements before reaching the signal at Dam Neck Road. A large portion of the existing sidewalk along Dam Neck Road appears to be located outside of the right- of-way. In addition, the proposed extension of the right -turn lane along Dam Neck Road appears to push an even longer section of sidewalk onto the site and outside of the City's right-of-way. A right-of-way dedication that encompasses the sidewalk, and potentially room for any additional needed public improvements, may be required by Public Works during final site plan review; however, a note on the plan indicates a future public sidewalk easement. • Pedestrian Movement— Sidewalks are depicted along both rights-of-way and as required by the Zoning Ordinance, a pedestrian path from the sidewalk on Dam Neck Road to the building is depicted on the concept plan. • Parking Areas — Plant materials within the parking lot will meet minimum standards. The number of parking spaces exceeds the maximum permitted by the Zoning Ordinance. The applicant plans on pursuing an administrative variance for this additional parking. • Landscape Design Techniques — The majority of existing trees and groundcover that are healthy are planned to be preserved and integrated into the overall design of development, including the buffer and fence along the eastern property line and the row of crape myrtles along the southern property line is slated "to be preserved to the greatest extent possible." Staff is recommending a condition that should any of this plant material be impacted during construction or in the future that it be re-established. In addition, plant material along the rights-of-way is planned to meet the Streetscape Landscaping requirements and mimic the plantings in the vicinity. • Stormwater Management as Landscape Features — The proposed bio -retention area along General Booth Boulevard is designed as open space and as a landscape amenity. • Lighting — A condition is recommended to ensure that all outdoor lighting be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. • Signage — The proposed signage appears to be consistent in color and design theme of the building and in compliance with the Zoning Ordinance. A separate sign permit is required and further scrutiny for compliance with sign standards will occur at that time. • Building Design — As typical with the Wawa building's, the design is higher quality than typical convenience stores and has proportional elements of scale, mass and height with long lasting, attractive and high quality materials. LOTSALISA, LLC Agenda Item 3 Page 4 Based on the above, Staff recommends approval of this requested modification, as conditioned below. 4 0' CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 9, 1996, are deleted and are replaced with the conditions below. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted plan titled "WAWA CONVENIENCE STORE, Conceptual Site Plan, 1600 General Booth Blvd, Virginia Beach, Virginia, dated 04/15/13, and prepared by MSC, P.C. Said plan is on file in the City of Virginia Beach Planning Department. 3. Other than dead, dying, or diseased plants, the removal of existing vegetation (mix of trees and shrubs) along the eastern property line and within a minimum 15 -foot wide buffer shall be prohibited. 4. As depicted on the concept plan referenced in Condition 2, the row of crape myrtles along the southern property line is noted on the plan "to be preserved to the greatest extent possible." In the event that any of this plant material be impacted during construction or in the future, it shall be re- established as per approved by the Planning Department. 5. Plant material shall be installed, at a minimum, along the rights-of-way, as Streetscape Landscaping. 6. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City ordinances and building codes, the building and canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Proposed Wawa, 1600 General Booth Blvd. & Dam Neck Rd., Virginia Beach, VA.," dated August 2, 2013, prepared by Cuhaci & Peterson, with the addition of the awning wrapping around and along the northern facade. Said elevation is on file in the City of Virginia Beach Planning Department. 7. The fueling canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Wawa Convenience Store Signage Details," prepared by MSA, PC., dated 4/15/13. The canopy columns shall be wrapped in stone, as depicted on the elevation. Said elevation is on file in the City of Virginia Beach Planning Department. 8. In accordance with Section 245(e) of the City of Virginia Beach Zoning Ordinance, the dumpster shall be enclosed with a solid wall constructed with materials that match the building, which shall be surrounded with plants. Any air pump proposed on the site shall also be screened from view of the rights-of-way with evergreen shrubs, minimum height 18 inches at installation. 9. A detail of the Vent Stack shall be submitted to the Current Planning Division of the Planning Department during final site plan review and shall be subject to screening as required by the Planning Department. 10. Signage for the site shall meet the requirements of the Zoning Ordinance and shall be limited to: LOTSALISA, LLC Agenda Item 3 Page 5 a. Directional signs; b. One monument -style freestanding sign (no more than eight feet in height, set on a brick base to match the building brick) and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. Fuel prices may be displayed on the monument -style freestanding sign in electronic display format but shall comply with the regulations of Section 217 of the City Zoning Ordinance. 11. No outdoor vending machines and / or display of merchandise shall be allowed. 12. Pedestrian walkways to the convenience store shall be provided from the sidewalks in the public rights-of-way, in accordance with Section 246(d) of the Zoning Ordinance. 13. Bicycle racks shall be provided near the entrance of the store. 14. Either a right-of-way dedication or easement that encompasses the sidewalk, as well as potentially room for any additional needed public improvements along Dam Neck Road, shall be recorded as required by Public Works during final site plan review. 15. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Pole lighting shall not exceed 14 feet in height. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 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. LOTSALISA, LLC Agenda Item 3 Page 6 AERIAL OF SITE LOCATION LOTSALISA, LLC Agenda Item 3 Page 7 eT O a o y Y� Y ie oo� _ oo o <t � «Y�q Ypa°A i" r 4 oi d f !!� �� P dt�tlPlhg rp �zg6 ill 2 a z in DO DO 1p" PROPOSED CONCEPTUAL SITE LAYOUT (CONDITION 2) LOTSALISA, LLC Agenda Item 3 Page 8 h i ai a i.!� PROPOSED BUILDING ELEVATIONS (CONDITION 6) LOTSALISA, LLC Agenda Item 3 Page 9 d Z E m o e (6 a cc • 8 o teD m L N a y _ o wm • o o o0 � rn • "> PROPOSED FUELING AREA CANOPY (CONDITION 7) LOTSALISA, LLC Agenda Item 3 Page 10 WAWA MID -ATLANTIC GAS CANOPY - STACKED fo LOTSALISA, LLC Agenda Item 3 Page 11 44f�T _ ;; y. `��r�S�� t /ufAitFor 34gi [o bbbb ,iPnm R oY 4 o � qi41 rx� PROPOSED SIGN LOCATION EXHIBIT LOTSALISA, LLC Agenda Item 3 Page 12 INDIVIDUAL ILLUMINATED CHANNEL LETTERS & LOGO ig kt 0 0 0 0 0 2 Z I B 11 kt 0 W PROPOSED BUILDING SIGN LOTSALISA, LLC Agenda Item 3 Page 13 PROPOSED MONUMENT SIGN LOTSALISA, LLC Agenda Item 3 Page 14 PRINCESS ANNE Map L-10 Maw t to Scale ri Lotsalisa, L.L.C. ' Zoning with Conditions/Proffers. Open Space Promotion Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 06/06/01 06/17/85 Conditional Use Permit (auto service station) Conditional Use Permit (auto service station) Granted Granted 2 01/09/96 Conditional Use Permit (auto service station, car wash) Granted 3 01/04/94 Rezoning (A-12, B-2 to Conditional B-2) Granted 4 02/02/91 Conditional Use Permit (auto repair) Granted 5 03/26/90 Conditional Use Permit (auto repair) Granted 6 08/14/89 Conditional Use Permit (auto repair) Granted 7 03/09/87 Conditional Use Permit (auto service station) Granted 8 02/13/78 Rezoning (AG -1 to B-2) Granted LOTSALISA, LLC Agenda Item 3 Page 15 4 4 4 4 4 1 1 1 1 1 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) Lotsalisa, LLC: Cheryl P. McLeskey, sole member 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT LOTSALISA, LLC Agenda Item 3 Page 16 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. MSA, P.C. ' "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 (1) 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. •=14 0 O V w O :;e;O V L-7/74 Q O s 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. Lotsalisa, LLC By C;)I- '4 Cheryl P. McLeskey,President Applicant's Sig ture v 7, Print Name ' Property Owner's Signature (if different than applicant) Print Narfie Neoi I�dot3- Modification of Conditions Application Page 9 of 9 Revised 7/1/2013 DISCLOSURE STATEMENT LOTSALISA, LLC Agenda Item 3 Page 17 Item #3 Lotsalisa, Inc. Modification of a Conditional Use Permit 1600 General Booth Boulevard District 7 Princess Anne January 8, 2014 CONSENT An application of Lotsalisa, Inc. for a Modification of Conditions of a Conditional Use Permit for fuel sales with convenience store (original Conditional Use Permit approved by the City Council in 1996) on property located at 1600 General Booth Boulevard, District 7, Princess Anne. GPIN: 24155532110000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on January 9, 1996, are deleted and are replaced with the conditions below. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted plan titled "WAWA CONVENIENCE STORE, Conceptual Site Plan, 1600 General Booth Blvd, Virginia Beach, Virginia, dated 04/15/13, and prepared by MSC, P.C. Said plan is on file in the City of Virginia Beach Planning Department. 3. Other than dead, dying, or diseased plants, the removal of existing vegetation (mix of trees and shrubs) along the eastern property line and within a minimum 15 -foot wide buffer shall be prohibited. 4. As depicted on the concept plan referenced in Condition 2, the row of crape myrtles along the southern property line is noted on the plan "to be preserved to the greatest extent possible." In the event that any of this plant material be impacted during construction or in the future, it shall be re-established as per approved by the Planning Department. 5. Plant material shall be installed, at a minimum, along the rights-of-way, as Streetscape Landscaping. 6. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City ordinances and building codes, the building and canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Proposed Wawa, 1600 General Booth Blvd. & Dam Neck Rd., Virginia Beach, VA.," dated August 2, 2013, Item #3 Lotsalisa, Inc. Page 2 prepared by Cuhaci & Peterson, with the addition of the awning wrapping around and along the northern fagade. Said elevation is on file in the City of Virginia Beach Planning Department. 7. The fueling canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Wawa Convenience Store Signage Details," prepared by MSA, PC., dated 4/15/13. The canopy columns shall be wrapped in stone, as depicted on the elevation. Said elevation is on file in the City of Virginia Beach Planning Department. 8. In accordance with Section 245(e) of the City of Virginia Beach Zoning Ordinance, the dumpster shall be enclosed with a solid wall constructed with materials that match the building, which shall be surrounded with plants. Any air pump proposed on the site shall also be screened from view of the rights-of-way with evergreen shrubs, minimum height 18 inches at installation. 9. A detail of the Vent Stack shall be submitted to the Current Planning Division of the Planning Department during final site plan review and shall be subject to screening as required by the Planning Department. 10. Signage for the site shall meet the requirements of the Zoning Ordinance and shall be limited to: a. Directional signs; b. One monument -style freestanding sign (no more than eight feet in height, set on a brick base to match the building brick) and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. Fuel prices may be displayed on the monument -style freestanding sign in electronic display format but shall comply with the regulations of Section 217 of the City Zoning Ordinance. 11. No outdoor vending machines and / or display of merchandise shall be allowed. 12. Pedestrian walkways to the convenience store shall be provided from the sidewalks in the public rights-of-way, in accordance with Section 246(d) of the Zoning Ordinance. 13. Bicycle racks shall be provided near the entrance of the store. I Item #3 Lotsalisa, Inc. Page 3 14. Either a right-of-way dedication or easement that encompasses the sidewalk, as well as potentially room for any additional needed public improvements along Dam Neck Road, shall be recorded as required by Public Works during final site plan review. 15. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of Tamp type, wattage, and type of fixture. Pole lighting shall not exceed 14 feet in height. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. A motion was made by Jeff Hodgson and second by Chris Felton to approve item 3 by consent. AYE 9 NAY 0 ABS 1 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS A verbal vote was done by Commissioner Oliver. Vote machine not registering vote. By a vote of 9-0, with the abstention so noted, the Commission approved item 3. Eddie Bourdon appeared before the Commission on behalf of the applicant. Bob Thornton abstained from the voting due to the fact that he has a business relationship with the applicant. cwouiar, a3e. uad • 's ;717774,71711•Waa CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CATCH A WAVE, LLC (Applicant / Owner), Special Exception for Alternative Compliance to the Oceanfront Resort Form -Based Code [to allow a commercial parking lot]. 2206 & 2210 Pacific Avenue (GPINs 2427180939; 2427190016). COUNCIL DISTRICT — BEACH. MEETING DATE: February 11, 2014 • Background: The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The purpose of the request is to expand the applicant's existing commercial parking lot to include a 7,000 square foot area located adjacent to the intersection of Pacific Avenue and 23rd Street. Until recently, this area was occupied by two dwellings in poor condition, which the applicant demolished after his purchase of the site. The applicant was permitted to use the site during the 2013 Resort Season as a parking lot for the employees of his business, Jungle Golf. The applicant now desires to obtain all the approvals required to make permanent improvements and include the parking area as part of his existing commercial parking lot for the 2014 Resort Season. Since the FBC does not allow commercial parking lots west of Pacific Avenue between 22nd Street and 28th Street, the applicant's use of the site as a commercial parking lot can only be allowed through approval by the City Council of a Special Exception for Alternative Compliance to the FBC. The FBC is the zoning regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build -to, transparency, height, setbacks, etc.) and uses. There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by -right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element or permits a use not otherwise allowed by the FBC. Alternative Compliance requires approval by the City Council in the form of a Special Exception. • Considerations: The submitted site plan and the narrative submitted with the application indicate the permanent parking lot improvements will consist of the design elements listed below. • Asphalt paved surface (14 spaces) with standard curbing; • 42 -inch high wood fence (matching the existing fencing at the Jungle Golf site) along the street frontage of Pacific Avenue and 23rd Street. • 5 -foot wide planting area between the fence and the curb of the parking area, planted as follows: BEACH Catch A Wave, L.L.C. • Lem MIA Coan•Proffin, arm *ma* ox - 01/14.1. atiy Alternative Compliance January 8, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CATCH A WAVE L.L.C. STAFF PLANNER: Stephen J. White REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code ADDRESS / DESCRIPTION: 2206 and 2210 Pacific Avenue GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271809390000 BEACH 7,000 square feet 65 — 70 dB DNL (Sub - 24271900160000 Area 1) BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The purpose of the request is to expand the applicant's existing commercial parking lot to include a 7,000 square foot area located adjacent to Pacific Avenue and 23`d Street. Until recently, this area was occupied by two dwellings in poor condition, which the applicant demolished after his purchase of the site. The FBC is the zoning regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build -to, transparency, height, setbacks, etc.). There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by -right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance option may be sought when a proposed development CATCH A WAVE, L.L.C. Agenda Item 7 Page 1 would not conform to the uses or forms of development otherwise permitted under the Form -Based Code, including under OFD. Section 7.3.3 of the FBC provides the `Review Standards' for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole: 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: a. Promotes modes of transportation other than the automobile, including walking and transit; b. Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians; and c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code; 3. Is physically and functionally integrated with the built environment in which it is located; and 4. Advances the goals and objectives of the parking strategy for the District. B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. DETAILS OF PROPOSAL The site consists of two parcels, which when combined, have a total lot area of 7,000 square feet. Each of the two parcels was occupied by a dwelling until early -2013, when the dwellings were demolished and the site cleared. The applicant was permitted to use the site during the 2013 Resort Season as a parking lot for the staff of his business, Jungle Golf. The applicant now desires to obtain all the approvals required to make permanent improvements and include the parking area as part of his existing commercial parking lot for the 2014 Resort Season. Since the FBC does not allow commercial parking lots west of Pacific Avenue between 22nd Street and 28th Street, the applicant's use of the site as a commercial parking lot can only be allowed through approval by the City Council of a Special Exception for Alternative Compliance to the FBC. As shown on the submitted site plan and described in the application documents, the permanent parking lot improvements will consist of the design elements listed below. • Asphalt paved surface (14 spaces) with standard curbing; • 42 -inch high wood fence (matching the existing fencing at the Jungle Golf site) along the street frontage of Pacific Avenue and 23rd Street. • 5 -foot wide planting area between the fence and the curb of the parking area, planted as follows: o The 5 -foot wide planting area will be landscaped with six London plane trees with shamrock inkberry shrubs between the trees (total of 64 inkberry shrubs). CATCH A WAVE, L.L.C. Agenda Item 7 Page 2 o A 20 foot by 23 foot (20'x23') planting area at the northeast corner of the lot, adjacent to the intersection of Pacific Avenue and 23rd Street. That area will be landscaped with 13 pittosporum and 55 daylily plants. o Installation of 2 crape myrtles and 32 pittosporum plants along the east -facing building foundation (between the curb and the building wall). The application states that accent landscape lighting and a water feature are also being considered. • A concrete or brick paver walkway begins at the edge of the south end of the parking lot (104 feet from the 23rd Street right-of-way) and then curves down to the entrance for Jungle Golf at the southern end of the site. The plan shows that the southernmost 36 feet of the site on both sides of the walkway will be planted with turf. The plan also shows an outdoor deck at the southwest corner of the site, adjacent to the building. The deck appears to have access to both the building and the Jungle Golf course. • Stormwater management will be handled through use of bio -retention planting bed, located within the five-foot wide planting bed in two areas: adjacent to Pacific Avenue, wrapping around the corner to 23rd Street, and adjacent to Pacific Avenue, east of the 23rd Street access point. The submitted site plan also indicates a location at the intersection, directly behind the fence, for a "Proposed Sign." No details for a sign were submitted. The narrative submitted with the application notes a "possible bike rental area next to deck" as a potential future use. The Form -Based Code prohibits bicycle rentals west of Atlantic Avenue; therefore, rental of bicycles cannot occur on the subject site. Review of the submitted plan by the Development Services Center provided the following comments: • No parking lot interior coverage landscaping is provided. A note on the submitted plan states that all such required planting areas are to be relocated the south portion of the site and will be planted by the owner; however, no plantings are depicted on the conceptual plan in that area, so it is not possible to determine if the plantings will meet the intent of the requirement. EVALUATION AND RECOMMENDATION The Oceanfront Resort District (ORD) Form -Based Code (FBC) regulates the use and development of land through a system of Street Frontages and Building Types. The subject site is located west of Pacific Avenue and is between 22nd and 28th Streets. Pacific Avenue is a Gateway 1 Frontage Type and 23rd Street is a Beach Street Frontage Type. Commercial Parking Lots are permitted in certain locations of the ORD west of Pacific Avenue, but the subject site is located in an area west of Pacific where, during the development of the FBC, commercial lots were prohibited due to the proximity of the Old Beach neighborhood. The FBC provides a process (Section 7.3.1.A) whereby uses that are not permitted can be allowed through approval by the City Council of a Special Exception for Alternative Compliance to the FBC: This section sets forth the procedures and standards for Alternative Compliance under which the City Council may grant special exceptions to allow the development of new uses or structures, or additions to or alterations of existing structures, that do not conform to the uses or forms of CATCH A WAVE, L.L.C. Agenda Item 7 Page 3 development otherwise permitted under this Code, including the optional forms of development allowed by this Code. As noted in the 'Background' section of this report, Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant's proposal meets each: • Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: o Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: Based on the fact that the proposed work results in additional parking spaces for the use of the public in the Oceanfront Resort District, it should promote walking in place of automobile use. o Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The parking lot is, by its low profile character, pedestrian -oriented. The low -height fencing constructed of wood, but in an atypical design, provides visual interest for pedestrians. o Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The proposed parking lot, primarily because it is a parking lot rather than a building with active uses, does little to contribute to a mix of uses in the area. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: The parking lot does not meet the intent of the regulations of the Gateway 1 Frontage due to the encroachment of the parking into the required parking setback for more than 60 percent of width of the lot. Moreover, to address that encroachment, there are no significant design features provided along the street or, more specifically, within `lawn' area south end of the parking lot. That area is labeled as `lawn,' but is of sufficient size to provide a design element that could contribute to the intent of the Gateway 1 Frontage regulations. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: The proposed parking lot is connected to an existing parking lot on the west side and is linked to the Jungle Golf facility for which it also provides parking. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: The parking lot provides what hopefully is only an interim solution to the need for parking in the district. The parking strategy for the district calls for centralized parking within strategically located parking structures supported by on-site parking primarily located behind buildings fronting the street. The applicant has stated that the goal for the properties he owns within this block is to develop a mixed-use project consistent with the regulations of the Form -Based Code, with the building at the street frontage and parking behind. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: Staff finds that there are limited direct impacts on surrounding CATCH A WAVE, L.L.C. Agenda Item 7 Page 4 properties other than the fact that the parking is located at the street setback line, and thus does not contribute to the `street wall' intended for this Street Frontage. There is little proposed to mitigate that impact; therefore, staff has recommended conditions of approval to provide mitigating measures. 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. Regarding the submitted site plan, the parking lot does not meet the required parking setback of 20 feet from the street setback of Pacific Avenue and 23rd Street. The placement of surface parking lots on a parcel is regulated by Section 2.4.3.B.1 of the FBC. The proposed design of the parking lot as shown on the submitted site plan has a setback of 0.2 feet from the street setback line. The required 20 -foot wide parking setback is measured, as noted above, from the street setback line, which for this part of Pacific Avenue and 23rd Street is 5 feet. Since the width of the proposed planting area between the curb of the parking lot and the right-of-way line is 5.2 feet and the street setback is 5 feet, the proposed parking lot is setback 0.2 feet rather than the required 20 feet. Thus, this reduction is included in the applicant's request: a reduction of the setback requirement for 60 percent of the lot width, using a 0.2 -foot parking setback for 100 percent of the lot width (on 23`d Street) and for 75 percent of the lot width on Pacific Avenue. Staff finds the reduction acceptable; however, the placement of the parking lot within five feet of the right-of-way of Pacific Avenue is counter to the FBC's desire for pedestrian activity and amenity along the street frontage. Condition 4, below, is recommended as a means to provide an amenity that will 'draw the eye' of the pedestrian from the pavement and lack of desired activity along the parking lot frontage. The expansion of the applicant's parking lot through the addition of these 14 parking spaces is reasonable. The spaces will be the easternmost portion of the applicant's commercial parking lot, which stretches westward further into the block; therefore, the requested spaces will have a minimal impact on the residential area to the west. The applicant has stated to staff that his desired use of the property is a mixed-use development that could possibly be integrated with the existing Jungle Golf recreation facility; however, for the interim, the applicant requests use of the site for this 14 -space expansion. Conditions of approval are recommended below. Section 7.3.4 of the Form -Based Code provides City Council with the ability to add "reasonable conditions ... limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." In sum, staff recommends approval with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the submitted plans entitled "PARKING LOT EXPANSION SITE PLAN — Grading and Improvement Plan, Sheet C-3.0" and "PARKING LOT EXPANSION SITE PLAN — Layout and Planting Plan, CATCH A WAVE, L.L.C. Agenda Item 7 Page 5 Sheet L-1.0" prepared by WPL, and both dated December 12, 2013. Said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The "Proposed Sign" called out on the plan referenced in Condition 1 shall not be installed. Said sign shall require review and approval by the Zoning Administrator for consistency with the Oceanfront Resort District Form -Based Code and the Oceanfront Resort District Design Guidelines. 3. Existing signage on the site shall be reviewed by the Zoning Administrator to determine if requisite permits have been issued and compliance with the Oceanfront Resort District Form - Based Code has been met for the appropriate signage. Signs without permits or not meeting the regulations of the Zoning Ordinance shall be removed. 4. A detailed plan for the area south of the parking lot labeled as 'Turf' (and including a paver walkway and deck) shall be submitted to the Zoning Administrator for review and approval. Said plan shall include landscape plantings to meet the interior parking lot landscape requirement as well as a structural landscape feature visible by pedestrians on the adjacent sidewalk (shall have a height of at least four feet). Such feature may consist of a fountain, artwork, unique landscape plantings, or similar (as described in the Oceanfront Resort District Design Guidelines). 5. The provisions of Section 23-58 of the City Code shall be met. 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. CATCH A WAVE, L.L.C. Agenda Item 7 Page 6 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA CATCH A WAVE, L.L.C. Agenda Item 7 Page 7 f ` J•"'", si of Wild 1pOY3A0Hdll 4 ONKVliO " u A_ D. ., ROLM MOO Teere -.0 00 11016:1013100 1101/11 MONA weld s wpMnim spowwtim m ai. i if _ ti 0) 1U#!$[1ta gmmha..ffi_ ff aammai i . fp-�ge rift (i. F 0o @[ [ 1d E 8.i8 iee F3F Ni 0 III a eb 6 i.i ii I i 6 1f W y W p H 2 e f i Lni 5 3 i i; ill! 1 0 9f— . i b 4 e p, id /iii li /"7.o:�..+,uu.:.iw i ) 0i !! �I t 1s3ertB I i tt k P' ) PLOT DATE. DECEMBER 12. 2014 104 T. i tk 11 illin I. 7 r .r ir ti 8 !� _ i s p ! J Ip i .ii 1i • 'y� � i \Ili p i Q� ''. it f __ , 9ii�i < 9 d il7 .1 I e 1 . L Z{ , i a . ij ! m: ; ''''11 - -cls i . 1 II .,It 1.1N3 3 1 < PARKING LOT SITE PLAN "Grading and Improvement" (CONDITION 1) CATCH A WAVE, L.L.C. Agenda Item 7 Page 8 OUR , NVId °JMINVld 4 1t10AV1 ..,...., w w .�... • E, ° k $ e a' #_ I8 s 5 YI ldi MOM "oavuw MM. a.� uoYdoa ion twain as »ar s aoi nvu 311,8 wa r 3aoi OM. —. -, ,...'... v .�,+n,n� ' AC �'•'vy! i° `t 15 47, q ^ 2 f a I $ $ e IF - i I ' ' I F[[ I 1 . - 1 _I II _ �IYY ! 4 i; I i` t i 1 i Fi i LL Vit, E I i i g 1jj1tEij 8 Y: liia Irk list' 1 xG 1»1; !,1!! i1 I; !i i ih !, qi ii •, ,;I�,. i" INS ''a7,'I 0d�iI, ' :,gdb i I. 2212TOMON PLANTING .!D PLAN STATUS. OTT SUOMTTA LII1IIIIH.'1 3! ttt°� .t=i! 4 i : ' i° , 1 t li:itlii I a m Y!�i EI4l5 ,t !1►I1 ' - 1 1 �-; a illi <E 41.1,1 VI lM PLOT DATE. DCOl61 12 2013 m p W U < � iQu4 g! 1 u, 8 . 5''c at 9r: • � 1lo . WLS PASI wS � $ I 7 Io k \ 1\, It 111 oe 1 1 -1 III d 1 _��r jib,' 4 rttf[ 41 i .. °• ■ i s ��- / k €- 4g t, �y Al�` 6 1j lip. 1 �Q I id'ar I: (4 0 ___ r, Nil moi', ., I I_1 \E < 5 Oil ii 0 lYCa ' 1;41I! 1 111 rh i 11! tit T 111 ` ` t� PARKING LOT SITE PLAN "Layout & Planting" (CONDITION 1) rG �lA yBF*46 CATCH A WAVE, L.L.C. Agenda Item 7 Page 9 BEACH Map M-6 Ma. Not to Scale Catch A Wave L.L.C. *•. til\4�� • Zoning with Conditions,Proffers. Open Space Promotion OB - Old Beach Overlay Alternative Compliance ZONING HISTORY # DATE REQUEST ACTION 1 02/23/1999 Conditional Use Permit (Outdoor Recreation Facility) Approved 11/28/2000 Conditional Use Permit (Outdoor Recreation Facility) Approved 2 06/13/2000 Conditional Use Permit (Outdoor Recreation Facility) Approved 3 01/14/2003 Conditional Use Permit (Restaurant w/ alcohol, excludes specified individuals for part of the day) Approved CATCH A WAVE, L.L.C. Agenda Item 7 Page 10 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) Preston Midgett, Managing Members 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Jungle Golf ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 Property Owner Disclosure Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organiza- tion, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unin- corporated organization. ' & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CATCH A WAVE, L.L.C. Agenda Item 7 Page 11 Additional Disclosures List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) WPL "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. L 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. Applicant's Signature Property Owner's Signature (if different than applicant) R\ Print Name Print Name DISCLOSURE STATEMENT CATCH A WAVE, L.L.C. Agenda Item 7 Page 12 Item #7 Catch A Wave, L.L.C. Special Exemption for Alternative Compliance 2206 & 2210 Pacific Avenue District 6 Beach January 8, 2014 CONSENT An application of Catch A Wave for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code on property located at 2206 and 2210 Pacific Avenue, District 6, Beach. GPIN: 24271809390000 ; 24271900160000 CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the submitted plans entitled "PARKING LOT EXPANSION SITE PLAN — Grading and Improvement Plan, Sheet C-3.0" and "PARKING LOT EXPANSION SITE PLAN — Layout and Planting Plan, Sheet L-1.0" prepared by WPL, and both dated December 12, 2013. Said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The "Proposed Sign" called out on the plan referenced in Condition 1 shall not be installed. Said sign shall require review and approval by the Zoning Administrator for consistency with the Oceanfront Resort District Form -Based Code and the Oceanfront Resort District Design Guidelines. 3. Existing signage on the site shall be reviewed by the Zoning Administrator to determine if requisite permits have been issued and compliance with the Oceanfront Resort District Form -Based Code has been met for the appropriate signage. Signs without permits or not meeting the regulations of the Zoning Ordinance shall be removed. 4. A detailed plan for the area south of the parking lot labeled as 'Turf' (and including a paver walkway and deck) shall be submitted to the Zoning Administrator for review and approval. Said plan shall include landscape plantings to meet the interior parking lot landscape requirement as well as a structural landscape feature visible by pedestrians on the adjacent sidewalk (shall have a height of at least four feet). Such feature may consist of a fountain, artwork, unique landscape plantings, or similar (as described in the Oceanfront Resort District Design Guidelines). 5. The provisions of Section 23-58 of the City Code shall be met. 111 Item #7 Catch A Wave, L.L.C. Page 2 A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item 7. AYE 10 NAY 0 ABS 0 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item 7 by consent. Eric Garner appeared before the Commission on behalf of the applicant. i ouoww. aped uad• `s.re o.r, suorupuop yum u!uo7 - 3ue, • al an4eWei .� I ITEM: LINJON PACIFIC, LLC (Applicant / Owner), Special Exception for Alternative Compliance to the Oceanfront Form -Based Code. 2607 Pacific Avenue (GPIN 2428007663). BEACH DISTRICT. MEETING DATE: February 11, 2014 • Background: The applicant is requesting a Special Exception for Alternative Compliance to the Form - Based Code to address deficiencies in the Building Criteria as defined by Section 2.5 of the Form -Based Code (FBC) regarding the Mixed -Use Building type. The applicant proposes development of the site for a Mixed -Use Building that will be used for an urgent care medical facility as well as apartment dwelling units. Prior to the rezoning of much of the former Resort Tourist (RT) Districts to Oceanfront Resort (OR) and the adoption of OR District Form -Based Code (FBC), the applicants had a site plan under review by the Development Services Center for the subject site. The site plan was near approval; however, the applicant volunteered to have the Resort Advisory Commission review the design, and the review was not completed prior to the Transition Rules for the ORD FBC being approved. With the adoption of the ORD FBC, the site now fronts on a Gateway 1 Street Frontage (Pacific Avenue) and a Beach Street Frontage (27th Street). Section 2.1.4B of the FBC provides a hierarchy of which Street Frontage Type regulations should be applied when a lot fronts on more than one street. In this case, the Gateway 1 Street Frontage regulations are to be applied. The Gateway 1 Street Frontage allows the Mixed -Use Building Type (Section 2.2.2). Per the Permitted Use Table (Section 5.2) of the FBC, the use of a "Medical clinic, office" is allowed by -right in the Mixed -Use Building Type. The building and parking, however, do not meet the requirements of the FBC with regard to building setback, parking setback, and building width located in the build -to zone. There are two sets of provisions under which property may be developed other than what is prescribed by the FBC. The first is the "Optional Forms of Development (OFD)," which is a by -right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element or permits a use not otherwise allowed by the FBC. Alternative Compliance requires approval by the City Council in the form of a Special Exception. The City Council can approve deficiencies, such as those inherent to the applicant's project, if certain standards are met. Section 7.3.3 of the FBC provides the `Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. 111 Linjon-Pacific, LLC Page2of3 • Considerations: The applicant proposes to build a 67' x 74' three-story building in the northern portion of the lot, at the corner of Pacific Avenue and 27th Street. To the south of the building will be a seven -space surface parking lot, which will be accessed from 26 1/2 Street (alley). The submitted building elevations depict coastal architectural features including natural 'beach tone' colors, white accents, stone, horizontal siding, blue standing -seam metal roof, rigid awnings over all upper -story windows, and floor -to -ceiling ground -level windows. The applicant's proposal is deficient in building setback, parking setback, and the amount of building width located in the build -to zone. A table on page 2 of the attached staff report reviews the prescribed Mixed -Use Building Criteria and the degree to which the proposal is sufficient or deficient. To compensate for the FBC deficiencies, the applicant's proposal exceeds certain criteria such as transparency, outdoor amenity space, and the amount of building within the Build -To Zone of 27tn Street. In addition, the proposal also follows Oceanfront Resort District Design Guidelines by using a variety of colors ('earth' and 'beach' tones); vertically and horizontally breaking up the fagade with architectural accents; eliminating an existing vehicular access point on Pacific Avenue; visually screening the surface parking lot with landscaping; and providing elevated landscaped beds between the building fagade and sidewalk. The attached staff report provides an evaluation of the degree to which the proposal satisfies the standards specified in Section 7.3.3. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition below, the architectural design of the structure shall be substantially as shown on the submitted untitled architectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. 2. Except as modified by any other condition below, the development of the site shall be substantially as shown on the submitted site plan included in the Staff Report, which is on record at the City of Virginia Beach Planning Department. 3. The applicant shall construct all required sidewalk improvements. 4. All landscaping shall exceed the minimum requirements of the City of Virginia Beach Landscaping Guide. 5. All landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the plans approved with this application. i Linjon-Pacific, LLC Page 3 of 3 6. No mechanical equipment or dumpsters shall be visible from the public right-of-way or adjacent property owners. • 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' L two.1 Linjon Pacific, L.L.C. 14 January 8, 2014 Public Hearing APPLICANT & OWNER: LINJON PACIFIC, LLC. STAFF PLANNER: Kristine Gay REQUESTS: Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. ADDRESS / DESCRIPTION: 2607 Pacific Avenue GPIN: 24280076630000 ELECTION DISTRICT: SITE SIZE: AICUZ: BEACH 9,450 square feet 65 - 70 dB DNL BACKGROUND / DETAILS OF PROPOSAL • The applicant is requesting a Special Exception for Alternative Compliance to the Form -Based Code to allow deficiencies in the Building Criteria as defined by Section 2.5 of the Form -Based Code (FBC) regarding the Mixed -Use Building type. The applicant proposes development of the site to include a Mixed -Use Building that will house the use of an urgent care medical facility. Prior to the City adopting the Oceanfront Resort Zoning District and Form -Based Code, the applicants/owners had a site plan under review by the Development Services Center for the subject site. The applicant volunteered to have the Resort Advisory Commission review the application and therefore site plan review and approval was delayed and a formal RT -3 Approval Letter was never written. With the adoption of the Oceanfront Resort District zoning, the site now fronts on a Gateway 1 Street Frontage (Pacific Avenue) and a Beach Street Frontage (27th Street). Section 2.1.4B of the FBC provides a hierarchy of which street frontage regulations should be applied when a lot fronts on more than one street. In this case, the Gateway 1 Street Frontage regulations will be applied. The Gateway 1 Street Frontage allows the Mixed -Use Building Type (Section 2.2.2). Per the Permitted Use Table (Section 5.2) of the FBC, the use of a "Medical clinic, office" is allowed by -right in the Mixed -Use Building Type. The site is currently used as a surface parking lot. With the exception of an evergreen hedge spanning along the western lot line, the entire lot is paved. While the site fronts on 27th Street, Pacific Avenue, and LINJON-PACIFIC Agenda Item 14 Page 1 26 1/2 Street, the only vehicular access point is located on Pacific Avenue. The applicant proposes to build a 67' x 74' three story building in the northern portion of the lot, at the corner of Pacific Avenue and 27th Street. To the south of the building, will be a 7 space surface parking lot, which will be accessed from 26 1/2 Street (alley). As shown on the submitted site plan and elevations, the building has coastal architectural features including natural beach tones, white accents, stone, horizontal siding, blue standing seam metal roof, rigid awnings over all upper story windows, and floor to ceiling ground level windows. The table below reviews the prescribed Mixed -Use Building Criteria and how the proposal is sufficient or deficient. As noted by grey shading, the proposal has a deficient building setback, parking setback, and the amount of building width located in the build -to zone. Lot Criteria (Section 2.9 of the FBC) Required Proposed Lot 25A Area 3,000 square feet 3,000 square feet Width 30' 67.5' 27th Street Setback (minimum) 5' 0' Side + Rear Setback (Common Lot Line) 5'/0' 0' Build -To Zone 5' — 10' 0' — 9' Building Width in Build -To Zone (Pacific Avenue) 84' (60%) 74' (53%) Building Width in Build -To Zone (27th Street) 40.5' (60%) 67' (96%) Parking Setback, Street (minimum) 20' 4.5' Parking Setback, Rear or Side (Common Lot Line) 0' 0' Outdoor Amenity Space 5% (472 SF) Approximately 14% Building Height 25' - 110' 25' — 110' Ground Story Transparency (minimum) 30% Approximately 58% - 65% Upper Story Transparency (minimum) 15% Approximately 34% - 63% Street Facing Entrance Required Proposed LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Surface Parking SURROUNDING LAND North: USE AND ZONING: • 27th Street Commercial / OR South: • 26 1/2 Street • Commercial / OR East: • Surface Parking • Commercial / OR West: Oceanfront Resort District Oceanfront Resort District Oceanfront Resort District • Commercial / OR Oceanfront Resort District LINJON-PACIFIC Agenda Item 14 Page 2 NATURAL RESOURCE AND There are no known unique natural or cultural features located on CULTURAL FEATURES: this lot. 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 proposed development is consistent with the objectives of RASAP. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 27th Street in the vicinity of this application is a two-lane street with a sixt-foot (60') wide right of way. There is currently no CIP project scheduled for this section of 27th Street. This site also borders Pacific Avenue. In this location, Pacific Avenue is a four -lane minor urban arterial with a eighty -foot (80') wide right of way. No CIP projects are currently scheduled for this section of Pacific Avenue. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 27t" Street There are no data for this portion of 27th Street 9,900 ADT 1(Capacity Level of Service "D") Existing Land Use 2— 244 ADT Proposed Land Use 3 - 230 Pacific Avenue 16,664 ADT (2008) 22,800 ADT 1 (Capacity / Level of Service "D") 'Average Daily Trips las defined by 0.2 acres zoned RT -2 Sas defined by 4300 SF medical clinic and 8600 SF office WATER: The site must connect to city water. There is an existing 12 -inch water line on Pacific Avenue. There is an existing 8 -inch city water line on 27th Street. SEWER: The site must connect to city sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 6 - inch city gravity sanitary sewer main on Pacific Avenue. There is an existing 8 -inch city gravity sanitary sewer main on 27th Street. LINJON-PACIFIC Agenda Item 14 Page 3 EVALUATION AND RECOMMENDATION Lot Criteria (Section 2.9 of the FBC) Required Proposed Lot 25A Area 3,000 square feet 3,000 square feet Width 30' 67.5' 27th Street Setback (minimum) 5' 0' Side + Rear Setback (Common Lot Line) 5'/0' 0' Build -To Zone 5' — 10' 0' — 9' Building Width in Build -To Zone (Pacific Avenue) 84' (60%) 74' (53%) Building Width in Build -To Zone (27th Street) 40.5' (60%) 67' (96%) Parking Setback, Street (minimum) 20' 4.5' Parking Setback, Rear or Side (Common Lot Line) 0' 0' Outdoor Amenity Space 5% (472 SF) Approximately 14% Building Height 25' - 110' 25' — 110' Ground Story Transparency (minimum) 15% Approximately 30% Upper Story Transparency (minimum) 15% Approximately 28-33% Street Facing Entrance Required Proposed * Deficient of FBC Criteria; A condition has been included pertaining to the subject criteria As shown in the table above, the proposal is deficient in the setback, parking setback, and building width located within the build -to zone. Also as shown in the table above, to compensate for the deficiencies, the applicant's proposal exceeds certain criteria such as transparency, outdoor amenity space, and the amount of building within the build - to zone of 27th Street. In addition, the proposal also follows Oceanfront Resort District Design Guidelines by using a variety of colors (`earth' and 'beach' tones); vertically and horizontally breaking the facade up with architectural accents; eliminating a vehicular access point off of Pacific Avenue; visually screening the surface parking lot with landscaping; and by providing elevated landscaped beds between the building facade and sidewalk. Review Standards for Alternative Compliance (Section 7.3.3 of the FBC): • Promotes modes of transportation other than the automobile, including walking and transit: The applicant has developed a proposal that promotes modes of transportation other than the automobile and encourages walking. The building is located within the build -to zone. The sidewalks will be expanded and improved along the property's frontages on Pacific Avenue and 27th Street. A vehicular access point will be removed from Pacific Avenue and relocated to the Alley. There is a covered and clearly visibly pedestrian entry to the building on three of the four facades. LINJON-PACIFIC Agenda Item 14 Page 4 111 • Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians: The applicant's proposal is pedestrian scaled and provides interest and clear orientation. The proposal is above the minimum height restriction and below the maximum height allowance. All entrances are covered. The main entrance, located on Pacific Avenue, is called out by 10' wide stairs and planters. The surface parking lot is modest in size as it only provides 7 spaces and is oriented towards the auto - functional alley. Sidewalks will be improved and expanded and range in width from 6' to 12'. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place: The number of urgent care medical facilities is low in the relative area. The proposed Mixed -Use Building will allow for multiple uses to lease the available spaces inside. • Is consistent with the intent of the regulations applicable to the Street Frontage on which it is located, as set forth in Sec. 2.1 of this Code: Gateway frontages are intended to balance moving vehicles through the area with walkability and pedestrian safety. These frontages typically carry a higher volume of traffic, but still offer accommodations for the pedestrian. The applicant has successfully balanced the facilitation of vehicles and pedestrian safety and accessibility. • Is physically and functionally integrated with the built environment in which it is located. The proposal is "physically integrated" by being respectful in scale and design of the existing surrounding built -environment. The functional integration of this site to the surrounding area has increased by relocating the vehicular access to the alley and improving the sidewalks. • Advances the goals and objectives of the parking strategy for the District: The applicant has provided seven parking spaces, one of which is for an individual with limited mobility. Per Section 6.2 of the FBC, Office and retail uses, and/or a mix of, do not require any parking, when located east of Pacific Avenue. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated: Staff finds that the impacts to the surrounding area as a result of the proposed deviations are limited and that, overall, the proposed redevelopment of this site will be positive and in keeping with the intent of the Oceanfront Resort District. For the reasons above, staff finds that the applicant's proposal will contribute to the overall goals of the Oceanfront Resort District Form -Based Code and recommends approval of the requests for a Special Exception for Alternative Compliance with the conditions below. 4 • CONDITIONS ALTERNATIVE COMPLIANCE: 1. Except as modified by any other condition below, the architectural design of the structure shall be substantially as shown on the submitted untitled architectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. 2. Except as modified by any other condition below, the development of the site shall be substantially LINJON-PACIFIC Agenda Item 14 Page 5 as shown on the submitted site plan included in the Staff Report, which is on record at the City of Virginia Beach Planning Department. 3. The applicant shall make all sidewalk improvements. 4. All landscaping shall exceed the minimum requirements of the City of Virginia Beach Landscaping Guide. 5. All landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the plans approved with this application. 6. No mechanical equipment or dumpsters shall be visible from the public right-of-way or adjacent property owners. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to 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. LINJON-PACIFIC Agenda Item 14 Page 6 AERIAL OF SITE LOCATION LINJON-PACIFICu Agenda Item 14 Page 7 MOM • ,P 20' ALLEY (Rb. 4. P12 P. 266) PROPOSED /VOOT CD -90 cr TIQ I,DOO P8) OGATE � rI MC PROPOSED 3 -STORY MEDICAL AND OFFICE BUILDING 5-6' FF=9.63 RrsER6 1419. COMM OM volt MISTm MEM PEW. 6.01 R'.rm FRE SIOMM. r RAR 88.41 KhC10R 14 1IM PEW Pca 14 1EEP /-44 Imsamm PRPROQ ELM ONTpf % a 27th STREET (80' R/W) (M. B. 4. PT/. P. 66) PROP r O. r.Cnr r GT VILLA FR M. PROPOSED SITE PLAN LINJON-PACIFIC Agenda Item 14 Page 8 1 z 0 PROPOSED ELEVATIONS LINJON-PACIFIC Agenda Item 14 Page 9 F DUR NAS 1 PROPOSED ELEVATIONS LINJON-PACIFIC Agenda Item 14 Page 10 BEACH Map M-6 Map Not to Scale Linjon Pacific, L.L.C. • Zoning with ConditionsProffers, Open Space Promolion Alternative Compliance ZONING HISTORY # DATE REQUEST ACTION 1 02/14/2006 Enlargement of Non -Conforming Denied 2 03/23/2004 Enlargement of Non -Conforming Approved 3 06/22/2002 Enlargement of Non -Conforming Approved 4 04/12/1994 Conditional Use Permit (Commercial Parking Lot) Approved 5 04/28/1992 Conditional Use Permit (Outdoor Recreation) Denied LINJON-PACIFIC Agenda Item 14 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) Linton Pacific, LLC: John W. Vakos, Sr. & Linda P. Vakos. Members 2. List all businesses that have a parent -subsidiary' or affiliated business entity/ relationship with the applicant: (Attach list if necessary) Q Check here if the applicant is NOT a corporation, partnership, firm, business. or other unincorporated organization. Property Owner Disclosure Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business. or other unincorporated organiza- tion. complete the following. 1. List the property owner name followed by the names of ail officers, members, trustees. partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant (Attach list if necessary) [l Check here if the property owner is NOT a corporation. partnership, firm, business, or other unin- corporated organization. ,_�_— � Seeenext page for footnotes Does ar official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT LINJON-PACIFIC Agenda Item 14 Page 12 I?VV91Yii Additional Dlselosures lJst SI k?MOrill W11lPOcECIS 0I ZIl1ihum0 t11M f W1/8 O? MiR pl'p1lwe fw11lM5 MAIh IpSQBa tC ft foq11B6w pfOpMw 1Yi. kIdU? m m if111Lld bG fhC pfONAQh 0/ ila1koch119f s8f Vkdl, 10w CJ?D DOIYiOn, Lwlddl M4fVhm rOpptYldV lKYlOp6. Aflf11lW M7VfOCf: ~ 1N IE ? GoouA &xvayo+s i E1akwft't. L1d. Randy F1kka, ArdYod srku. eowdon. ahem a u,y, P.C. 'Pa?att-subeirlisry ngsbanship' meerh 'a r.hfrons* M+at .dta wnen one arporaBon dkeely or InOfMdy tsrns stwws p0Weeeinp mDre ihrn 30 paroWt of 1t+e vaUM poMnr of anoMW corporaaon.• SM ftaN iMlp 60W G4Yamment ConINCt d "ef's!o Att. Va flode $ 22-l10't. :"AfN@Wd Euin? ei+lib/ rokgonMip• nw6Ntis 'a ro1Mor@hlP. WIMr 1Mn OMK* in V?e othw d?titlyl? ? wr#?oMk?p ovxxr tn one entW is ? ownembo owrMr ? o01er bnft ar (#p tlMre is dered manmgenex or contrd betrw tl» bwirlaos anliliei- FaCbom tltat NIdAd be oOrMldOnd irt deAwmiing Ols ?od?EwtGS d sn a11ftmd DlxfinMi aft rda? Woduds tlWtl1s seNtls Pdroon ar subebntldb ths eairie pwvon +DYK1 or nennpe tlw lrro andtlbs; !!wr ere mnn10t1 or eofnfnlVfad linds ot pMh: the burlres erMlli+s alrn Lts un M Cniwms offias or Knpbyeea a WMrwise shere ActlNUse, rerouroes a persanN on a ngitar hseb: a thefa b aCwwbe a dms riaftv rateqonpMP b4lwsen the enOW Sys 8W* antl Lacd oov.nnn" coMla of RqWnsb lA Na. Code S z.2-31o1. Certiffcstion Icoft Chat tlw trdormeflon eorMeMleG tleJSi'l is Vue sntl ooaxati. 1 untlesbnd #At, Upor? ?aodpR d notllatlon (posimrd) OW tlO qkPliratfon hes beer+ sA odid ed ior puhYc heolrlp, iGnl feNpotalhk br obdaininp and potOYV 1ll@ requiiW oW an tlis aub)Kt PMPIMY gtisWB0dllyi DWto MW sCf+eduNd PubYC km3rig acoorArg to Uu4utr?xdaru in 7ft peCksw. Tiw tiWeasipned aeo oar,senli eo erntY uPm On =bled OroDMb ?ampia7am of btia DOPxtnent od Plfnnft iD ptroloWaph er+d Mew Ihtr a" far putp0ees o! proOMft and wpluatlny ftsam*oom Li `o Pacific, LLC r f.¢,sf'rns Sa . John W. Vakos, Member ic, LLC PftNam T LkXM P• Vakm Member ?ahre M dwa?ane tlwt ?? Fft NemK ? ? ? ? ? ?0-4y _ ? ? ? ? ? V ? ? ? ? DISCLOSURE STATEMENT LINJON-PACIFIC Agenda Item 14 Page 13 Item #14 Linjon Pacific, L.L.C. Special Exception for Alternative Compliance 2607 Pacific Avenue District 6 Beach January 8, 2014 CONSENT An application of Linjon Pacific, L.L.C. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code on property located at 2607 Pacific Avenue, District 6, Beach. GPIN: 24280076630000. CONDITIONS 1. Except as modified by any other condition below, the architectural design of the structure shall be substantially as shown on the submitted untitled architectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. 2. Except as modified by any other condition below, the development of the site shall be substantially as shown on the submitted site plan included in the Staff Report, which is on record at the City of Virginia Beach Planning Department. 3. The applicant shall make all sidewalk improvements. 4. All landscaping shall exceed the minimum requirements of the City of Virginia Beach Landscaping Guide. 5. All landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the plans approved with this application. 6. No mechanical equipment or dumpsters shall be visible from the public right-of-way or adjacent property owners. A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item 14. AYE 10 NAY 0 ABS 0 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE Item #14 Linjon Pacific, L.L.C. Page 2 INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item 14 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ? r o `• Z ? O ? ._ S o? ? ? 4 C4 C ? w S ? i O ?. t A t ? e ? ? e a ? r- r^ ^ ?. .;. D IN? .? -? .._.. ` \ ? .,. . ? s.'s ? D ? N p n ?•t ?, S) ?r, S O ? ? _--- ?, -- -; r 1 1_1 -1 I x? ? M& ?o ! ? . ? A o ? ?. .; rl:' r• . sM ?• n ? ? ? ? ? - ? U ? ? ? C ilbs 0-4 z FL? N m Nu ueq? ro ? ? ti??w%?• CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: MG HOMES, LLC Conditional Chanqe of Zoninq, 0-2 Office & AG-1 Agricultural to Conditional R-5S Residential. Property is located on the west side of West Neck Road approximately 600 feet south of North Landing Road (GPIN 1494708583 and portion of 1494801286). PRINCESS ANNE DISTRICT. TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST, Modification of a Conditional Use Permit (church and child daycare) to allow a reduction in the lot area subject to the Use Permit. 2660 West Neck Road (GPIN 1494801286). PRINCESS ANNE DISTRICT. MEETING DATE: February 11, 2014 ¦ Background: In December 2012, MG Homes submitted an application to change the zoning of a 7.3- acre site (GPIN 1494708583) from Conditional 0-2 Office to Conditional R-5S Residential for the purpose of developing the site with 26 single-family dwelling units on lots with a minimum area of 5,000 square feet (density of 3.56 units per acre). The submitted conceptual plan designated 1.3 acres, or 17.8 percent, of the 7.3-acre site as open space area. During the following two months, the applicant worked with staff to improve the consistency of the proposal with the Comprehensive Plan's recommendations. Based on subsequent discussion with staff regarding the degree of consistency of the revised concept with the Comprehensive Plan's recommendations, the applicant continued work on the concept. In November 2013, the applicant submitted a new site plan that consisted of not only the original 7.3-acre site but also 3 acres being acquired from Tidewater United Church of Christ, which owns property to the south and east of the applicanYs 7.3-acre parcel. Accordingly, the total development site area now consists of 10.3 acres. Moreover, the number of dwelling units has been reduced to 23 and the percentage of the site that will remain as open space has increased to 49 percent. The church, due to the conveyance of three acres to MG Homes, must modify the Use Permits (church and childcare) that apply to the property. ¦ Considerations: A subdivision plat depicting a proposed division of the Tidewater United Church of Christ's property was submitted with the church's application to modify the 1997 Use Permit. The proposed division of the property consists of the following: 1. Creation of a 4.42-acre parcel (shown as `Proposed Parcel A' on the plat at the end of this report). Proposed Parcel A will have frontage on West Neck Road, and will be the site of the existing church building and grounds; 2. Creation of a 1.90-acre parcel (Proposed Parcel C) with frontage on North Landing Road; and 3. Creation of a 10.30-acre parcel (Proposed Parcel B) that will result from the combination of the 3 acres from the church and the 7.3-acre MG Homes parcel. MG Homes, LLC/Tidewater United Church Page 2 of 6 Since the subdivision will result in a reduction of the lot area for the church from 9.3 acres to 4.42 acres, the Use Permit must be modified such that the 3-acre portion of the property being conveyed to MG Homes is deleted from the area subject to the Use Permit. Section 230(a) of the Zoning Ordinance, which provides special requirements for religious uses, specifies that the minimum lot area for a religious use shall be three acres; therefore, since the remaining area owned by the church exceeds three acres, this requirement is met. MG Homes, the applicant requesting the Change of Zoning has submitted a Conditional Zoning Agreement (CZA) that consists of eight proffers. If the application is approved, the currently recorded proffers (Instrument Number 20080418000445550) that are associated with the existing 0-2 Office zoning of the site will be void. The eight proffers will allow development of 10.3 acres of the subject site for a residential development as described below. • The proposed development consists of 23 single-family dwellings that front on a street that loops through the site and reconnects with the beginning of the loop near West Neck Road. There are 12 dwellings on the outside of the loop and 11 on the inside of the loop. • Based on a 10.3-acre site, the proposed residential density is 2.23 dwelling units per acre. • The minimum allowable lot size for the R-5S Residential District is 5,000 square feet. The smallest lot in the proposed development is 5,563 square feet. • Access to the site is provided from an existing street tie to West Neck Road, opposite the access point for the new Kellam High School. The access to the site is shared with the church to the south under the terms of an existing ingress-egress easement. • Open space and associated amenities consist of the following: o A pond (stormwater management facility) situated within a 100-foot wide buffer area located between West Neck Road and the loop street. In addition to the pond, the area will consist of existing natural vegetation, landscaped area, a trail around the pond, a fountain within the pond, and benches along the trail. o A landscaped area located at the northern corner of the intersection where the proposed street connects with itself. The area is slightly larger than the average size of the proposed lots. This area, combined with the 100-foot wide area described above, and a landscaped area between the church's property and the southern edge of the loop street, result in no residential lot being located within 125 feet of West Neck Road. o A central open space area at the center of the development, consisting of trees, lawn area, a`tot lot,' picnic table, and a trail. The rear yards of the lots located on the interior side of the loop street are adjacent to this open space area. o An open space area located on the eastern side of the first curve of the loop street. The submitted site plan shows the area as lawn and trees. o A wooded area located on the east and southeast side of the area where the 23 dwellings are situated. The wooded area consists of the three acres MG Homes is acquiring from Tidewater United Church of Christ. The submitted site plan shows trails running through this area, but the trails are marked as "Possible Future Pedestrian Pathways." MG Homes, LLC/Tidewater United Church Page 3 of 6 o All of the open space areas and amenities described above are connected by a trail that runs from the front of the site at West Neck Road to the wooded area at the rear of the site. The applicant submitted building elevation drawings and photographs for five different house designs proposed for the development. The houses are primarily standard suburban styles with colonial and rural vernacular architectural details. The houses are two stories in height, and all have two-car garages on either the front or side fagade. As mentioned at the beginning of this report, a Certificate of Appropriateness has been issued for the house designs and architectural site elements (lighting, identification sign, etc.). The subject site is located within the area of the city designated by the Comprehensive Plan as the Transition Area, and is adjacent to the southern boundary of the Interfacility Traffic Area (ITA) / Special Economic Growth Area 4- Princess Anne (SEGA4). The Transition Area is expansive, with a wide variation in the type and character of the land uses within it. That variation is the result of over 20 years of evolution in Comprehensive Plan land use and development policy recommendations for the Transition Area that have come with each periodic update of the Plan (1991, 1997, 2003, and 2009), as well as Plan amendments between those updates. Probably one of the most significant of those amendments was the adoption of the "Interfacility Traffic Area and Vicinity Master Plan (ITA Plan)," which now provides land use and development recommendations for what was the western portion of the Transition Area in previous Comprehensive Plans. The policies for the ITA / SEGA 4- Princess Anne,' recognize "the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone," (Comprehensive Plan Policy Document, p. 4-3). Based on these constraints and opportunities, the Comprehensive Plan notes the following regarding development within and in the vicinity of the ITA: More specifically, the ITA vision prioritizes strengthening development nodes along the Princess Anne Corridor. In areas where residential uses fall outside of restricted AICUZ zones, vibrant mixed-use districts are envisioned where people can live, work, and recreate within walking distance to services and gathering spaces, (Policy Document, p. 4-5). Two such nodes, referred to as "Places" in the ITA Plan (p. 35), are the Municipal Center and the Historic and Cultural District, both of which are in immediate proximity to the site that the applicant has proposed for a Change of Zoning. One of the key recommendations of the ITA Plan for the Municipal Center is the need for more residential development to support the large number of employees in this area. This recommendation is reinforced by the fact that the majority of the Municipal Center area is outside of the AICUZ districts where residential uses are not compatible. The ITA plan calls for a urban style mixed residential/retail/office development within the core of the Municipal Center along George Mason Drive and single-family residential along North Landing Road within the periphery of the Municipal Center area, (p. 36). Consistent with that recommendation, in July 2011, the City Council approved a zoning change for a single-family condominium residential development on a 9.98-acre parcel on North Landing Road, situated behind the existing buildings along the south side of George MG Homes, LLC/Tidewater United Church Page 4 of 6 Mason Drive. That development, called Courthouse Green, consists of 38 single-family dwellings (3.8 units per acre), and includes two open space areas that are strategically located to preserve mature specimen trees. Similar to Courthouse Green, the applicant's proposed development site is located such that appropriately sized residential dwellings can be provided within the periphery of the Municipal Center. With, however, the location being approximately 400 feet further from the core of the Municipal Center, the applicant's proposed development is at a lower density (2.2 units per acre) than Courthouse Green and also provides a higher percentage of the site devoted to open space (49 percent). Thus, with regard to consistency with the recommendations of the ITA Plan, the proposed development is appropriate. Since the site is located within the Transition Area, staff also evaluated the proposed development for consistency with the Comprehensive Plan's policies for the Transition Area (see page 4). With regard to the policy that residential development should strive to provide at least 50 percent open space, 49 percent of the proposed development site will remain as open space. As recommended by the Transition Area Design Guidelines, staff utilized the Transition Area Matrix as part of the overall evaluation. The resulting score of 9.89 corresponds to a maximum of 9 dwelling units for the site. It is not unexpected that the Transition Area Matrix recommends a maximum density of slightly less than 1 dwelling unit per acre, while, on the other hand, the policies of the ITA Plan, as described in a previous paragraph, encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center, where infrastructure is available and the AICUZ allows such development. The Transition Area Matrix was purposefully designed to not allow residential density in excess of one unit per acre. The applicant's development proposal, as well as the Courthouse Greens development, may demonstrate that there are locations within the Transition Area where strict adherence to the result of the Transition Area Matrix may be counter to other policy recommendations for specific areas within the Transition Area. In sum, based on the findings discussed above, and in particular, based on this site's location within the periphery of the ITA Plan's `Municipal Center,' the provision of 49 percent open space, the location of the site within the Less than 65 d6 AICUZ where residential use is compatible, and the availability of public infrastructure to serve the development, the request for a Change of Zoning from Conditional 0-2 Office to Conditional R-5S Residential is appropriate for this location. One individual appeared at the Planning Commission public hearing in opposition to the request. The applicant presented the development proposal to the Transition Area / Interfacility Traffic Area Citizen Advisory Committee. No comments were provided to the Planning Department pertaining to the proposal. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of these requests to the City Council with the following proffers and conditions: MG Homes, LLC/Tidewater United Church Page 5 of 6 PROFFERS OF CHANGE OF ZONING PROFFER 1: The property, when developed, shall be developed, in substantial conformity with the conceptual site plan prepared by WPL, entitled "Conceptual Site Plan, West Neck Commons", dated November 18, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of residential single family homes located on the Property, when developed, shall not exceed a total of twenty-three (23). PROFFER 3: All open space areas depicted on the Conceptual Plan shall be preserved in a natural state, except for the possible introduction of recreational pedestrian pathways and/or other recreational features or equipment within these areas. PROFFER 4: No primary residential structure located on the Property shall be located within one- hundred feet (100') of the existing West Neck Road right-of-way. PROFFER 5: The freestanding monument-style sign located near the primary entrance to the Property from West Neck Road, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by WPL, entitled "Neighborhood Sign Elevation, West Neck Commons," dated January 10, 2013 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 6: The quality of architectural design and materials of the single family residential homes constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by WPL, entitled "Architectural Model Photos, West Neck Commons", dated December 20, 2012 (the "Renderings"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 7: Open space areas depicted on the Concept Plan will be owned and maintained by a Homeowner's Association in which all owners of residential lots on the Property will be required to be members. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of quality of the project and ensure the residential development will be MG Homes, LLC/Tidewater United Church Page 6 of 6 constructed as indicated on the proffered plans and the open space will be maintained into the future through a Homeowners Association with mandatory membership. The City Attorney's Office has reviewed the proffer agreement dated November 19, 2013, and found it to be legally sufficient and in acceptable legal form. CONDITIONS APPLICABLE TO USE PERMIT MODIFICATION OF TIDEWATER UNITED CHURCH OF CHRIST 1. The conditions of the Use Permit approved on September 9, 1997 are superseded by the conditions herein. 2. Upon subdivision of the existing property, the size of the parcel occupied by the existing church shall not be less than four (4) acres. 3. The layout of the site shall be as depicted on the submitted plan entitled "Modification of Conditions Plan, Tidewater United Church of Christ," prepared by WPL, and dated November 25, 2013. Any additional construction or site modification shall require Modification of this Use Permit. 4. The exterior of the building on the site shall be in substantial conformance with the building elevations and material boards submitted with the application package dated June 27, 1997, with the exception of the color of the gutters and downspouts, which shall match the color of the painted wood trim. 5. Signs shall be constructed in accordance with renderings submitted with the application package dated June 27, 1997. Not more than one free-standing sign is permitted, and such sign may be double-faced. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: S ?, &;-e, PRINCBSS ANNE MG Homes Tidewater Unitecl Church of Christ ?y...... ?s ? ? .. .?. :? ., r • ? pi ?t oz ?' ?" ? .: f `a1A» Z? 1 Pi ? .+. AG4 , 02 ,. : . i _ a42' . : , b r?a 2 ,. ? a2 AcI .02 ? G2 . .82 ' 65-70 d8 Ldn , ??? „ • AG1 AG1 AG2 .' ?. •?..?,,.M ?«w?..?... a.. sw?.••.p,?.• Condifionsl Zoninp Chanye Irom 0-2 to CondifionN R-SS Hco-/rwwi..ecrrMCr.?rea.r? Modification ot Gonditlons (Church) January 8, 2014 Public Hearing 1 APPLICANT: MG HOMES, LLC PROPERTY OWNERS: WEST NECK PARTNERS, LLC / TIDEWATER UNITED CHURCH OF CHRIST PPA APPLICANT & PROPERTY OWNER: TIDEWATER UNITED CHURCH OF CHRIST STAFF PLANNERS: Stephen J. White REQUESTS: (1) Chanqe of Zoninq (Conditional 0-2 Office to Conditional R-5S Residential) (2) Modification of Conditions of a Use Permit for a church and child daycare, granted by the City Council on September 9, 1997 and July 3, 2001 ADDRESS I DESCRIPTION: 2600 Block of West Neck Road GPIN (Change of Zoning): SITE AREA: 14947085830000 _ .................... _...----.... ---......................... ------- ----... _..................... - 7.3 acres . ............. _ ... -- ................. - ELECTION DISTRICT: 14948012860000 (portion of) 3.0 acres ... .. . ----. - PRINCESS ANNE ...................... . ... .............. - TOTAL 10.3 acres GPIN (Use Permit - Church): 14948012860000 __ ..................... __................................................................................................. _........... _......... _.._._..__.............................. 9.3 acres ...__,.............................................................................. AICUZ: (less 3 acres being conveyed to MG Homes) _ .......................................... ................_._...._._._._................------.._._._._._..._.....__. (3.0 acres) .... _........................ _...... _........... _....... __....._.._.... Less than 65 dB DNL TOTAL 6.3 acres BACKGROUND / DETAILS OF PROPOSAL Backqround: In December 2012, MG Homes submitted an application to change the zoning of a 7.3-acre site (GPIN 1494708583) from Conditional 0-2 Office to Conditional R-5S Residential for the purpose of developing MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 1 the site with 26 single-family dwelling units on lots with a minimum area of 5,000 square feet (density of 3.56 units per acre). The submitted conceptual plan designated 1.3 acres, or 17.8 percent, of the 7.3-acre site as open space area. During the following two months, the applicant worked with staff to improve the consistency of the proposal with the Comprehensive Plan's recommendations. Since a portion of the site is in a Historic and Cultural Overlay District, the applicant also presented the design of the homes and the architectural site elements to the Historic Review Board for a Certificate of Appropriateness. By the end of February 2013, the applicant had obtained the Certificate of Appropriateness for the architectural elements and had revised the conceptual site plan such that there was one less dwelling unit (25 units or 3.42 units per acre) and an increase in the percentage of the 7.3-acre site designated for open space to 19.7 percent. Based on subsequent discussion with staff regarding the degree of consistency of the revised concept with the Comprehensive Plan's recommendations, the applicant continued work on the concept. In November 2013, the applicant submitted a new site plan that consisted of not only the 7.3- acre site but also 3 acres being acquired from Tidewater United Church of Christ, which owns property to the south and east of the applicant's 7.3-acre parcel. Accordingly, the total development site area now consists of 10.3 acres. Additionally, the number of dwelling units has been reduced to 23 and the percentage of the site that will remain as open space has increased to 49 percent. Details - Conditional Use Permit (Church) The church, by conveying three acres to MG Homes, must modify the two current Use Permits that apply to the property. The first Use Permit, which was approved in September 1997, is for the church, and is for the entire 9.3-acre site owned by the church. The site 'wraps' around the 7.3-acre MG Homes parcel and has lot frontage on both West Neck Road and North Landing Road. The Use Permit consists of two phases. Phase 1 consists of the development of the West Neck Road side of the site with the one-story church that has already been constructed. Phase 2 consists of the development of the North Landing Road side of the site with a larger sanctuary building, fellowship hall, and education building. A subdivision plat depicting a proposed division of the church's property was submitted with the church's application to modify the 1997 Use Permit. The proposed division of the property consists of the following: 1. Creation of a 4.42-acre parcel (shown as 'Proposed Parcel A' on the plat at the end of this report). Proposed Parcel A will have frontage on West Neck Road, and will be the site of the existing church building and grounds; 2. Creation of a 1.90-acre parcel (Proposed Parcel C) with frontage on North Landing Road; and 3. Creation of a 10.30-acre parcel (Proposed Parcel B) that will result from the combination of the 3 acres from the church and the 7.3-acre MG Homes parcel. Since the subdivision will result in a reduction of the lot area for the church from 9.3 acres to 4.42 acres, the Use Permit must be modified such that the 3-acre portion of the property being conveyed to MG Homes is deleted from the area subject to the Use Permit. Section 230(a) of the Zoning Ordinance, which provides special requirements for religious uses, specifies that the minimum lot area for a religious facility shall be three acres; therefore, since the remaining area owned by the church exceeds three acres, this requirement is met. The second Use Permit applicable to the property was granted by the City Council on July 3, 2001, and allows use of the existing church building for a preschool and child daycare. The currently requested modification does not affect this Use Permit. Details - Chanqe of Zoninq The applicant has submitted a Conditional Zoning Agreement (CZA) that consists of eight proffers. If the application is approved, the currently recorded proffers (Instrument Number 20080418000445550) that are associated with the existing 0-2 Office zoning of the site will be moot. Those proffers allow development of 7.3 acres of the subject site for a five-building office complex. The eight proffers submitted with this Change of Zoning application will allow development of 10.3 acres of the subject site for a residential development as described below. MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 2 • The proposed development consists of 23 single-family dwetlings that front on a street that loops through the site and reconnects with the beginning of the loop near West Neck Road. There are 12 dwellings on the outside of the loop and 11 on the inside of the loop. • Based on a 10.3-acre site, the proposed residential density is 2.23 dwelling units per acre. • The minimum allowable lot size for the R-5S Residential District is 5,000 square feet. The smallest lot in the proposed development is 5,563 square feet. • Access to the site is provided from an existing street tie to West Neck Road, opposite the access point for the new Kellam High School. The access to the site is shared with the church to the south under the terms of an existing ingress-egress easement. • Open space and associated amenities consist of the following: o A pond (stormwater management facility) situated within a 100-foot wide buffer area located between West Neck Road and the loop street. In addition to the pond, the area will consist of existing natural vegetation, landscaped area, a trail around the pond, a fountain within the pond, and benches along the trail. o A landscaped area located at the northern corner of the intersection where the proposed street connects with itself. The area is slightly larger than the average size of the proposed lots. This area, combined with the 100-foot wide area described above, and a landscaped area between the church's property and the southern edge of the loop street, result in no residential lot being located within 125 feet of West Neck Road. o A central open space area at the center of the development, consisting of trees, lawn area, a'tot lot,' picnic table, and a trail. The rear yards of the lots located on the interior side of the loop street are adjacent to this open space area. o An open space area located on the eastern side of the first curve of the loop street. The submitted site plan shows the area as lawn and trees. o A wooded area located on the east and southeast side of the area where the 23 dwellings are situated. The wooded area consists of the three acres MG Homes is acquiring from Tidewater United Church of Christ. The submitted site plan shows trails running through this area, but the trails are marked as "Possible Future Pedestrian Pathways." o All of the open space areas and amenities described above are connected by a trail that runs from the front of the site at West Neck Road to the wooded area at the rear of the site. • The applicant submitted building elevation drawings and photographs for five different house designs proposed for the development. The houses are primarily standard suburban styles with colonial and rural vernacular architectural details. The houses are two stories in height, and all have two-car garages on either the front or side fagade. As mentioned at the beginning of this report, a Certificate of Appropriateness has been issued for the house designs and architectural site elements (lighting, identification sign, etc.). LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Forest, church building, parking lot, and access roadway SURROUNDING LAND North: • Office and Medical Office / Conditional 0-1 Office District USE AND ZONING: South: • Church / AG-2 Agricultural District MG HOMES, LLC / TIDEWATER UNITED CHURCH. Agenda Items 1 & 2 Page 3 • Single-family dwelling on 8-acre lot / AG-2 Agricultural District East: • Single-family dwelling on 4.3-acre lot / AG-2 Agricultural District • City of Virginia Beach (West Neck District Park) / AG-1 Agricultural District West: . City of Virginia Beach (Stormwater Management Facility) / 0-2 Office District • Financial Institution [under construction] / 0-2 Office District • West Neck Road • Kellam High School / AG-1 Agricultural District • Single-family dwelling / AG-2 Agricultural District NATURAL RESOURCE AND Much of the site consists of mature trees. The extreme eastern CULTURAL FEATURES: portion of the site contains areas of non-tidal wetlands. There are no other known significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The site is located within a portion of the Transition Area that is immediately adjacent to the Interfacility Traffic Area (ITA) / Special Economic Growth Area (SEGA) 4, and in particular, the Municipal Center Area, as identified in the "Interfacility Traffic Area and Vicinity Master Plan." The Transition Area is strategically located between the more urbanized region of the city to the north and the rural area to the south. The area is bordered by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, Indian River Road to the south, New Bridge Road to the east, and North Landing Road and the ITA boundary. Comprehensive Plan policies for the Transition Area are as follows: • Encourage the continuation of the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines; • Adhere to a maximum average calculated density of one dwelling unit per acre of developable area; • Cluster uses in a creative manner to minimize impervious surfaces, protect open spaces, and optimize site amenity and design opportunities; • Development proposals should strive to achieve the goal of attaining 50 percent open space including berms, trees, buffers and trails to create safe, accessible, and attractive roadway corridors and internal green space; •'Design with nature' by creating site plans that respect and showcase valued natural resources; • Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity program and AICUZ provisions; and, • Comply with the requirements of the Courthouse Historic and Cultural Overlay District as applicable. The planning principles noted above are reinforced by the Transition Area Design Guidelines (2003), which emphasize larger open spaces, connected corridors, natural areas, and a noticeable transition between the suburban north and rural south. Good design within the Transition Area will strive to protect natural resources, provide appropriate amenities, consider available views, and integrate quality design in a creative manner. Transition Area / Interfacilitv Traffic Area Citizens Advisorv Committee (TA/ITA CAC) On December 12, 2013, the applicant provided a presentation of the proposed development to the MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 4 Committee. The Committee and the applicant discussed the proposal, with the Committee expressing concerns as well as providing ideas for potential changes to the plan. Staff present at the meeting noted that the Committee's principal area of concern was the density of the proposed development; however, it was also noted that the location of the site warranted some consideration for a higher density (this issue is discussed further in the 'Evaluation and Recommendation' section of this report). As of the publication of this report, the Committee has not communicated in writing any concerns to the Planning Director regarding this application. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): West Neck Road is a minor suburban arterial; this segment was recently widened from two lanes to four lanes with the construction of the new Kellam High School. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic West Neck Road 32,869 ADT 26,300 ADT (Level of Existing Zoning - Service "C") 986 ADT, 137 AM peak 48,200 ADT' (Level of hour / 154 PM peak Service "E") hour trips 48,200 ADT 1(Level of Existing Land Use - 0 3 Service "E") ADT Proposed Land Use'- 266 ADT, 24 AM Peak Hour / 27 PM Peak Hour trios ' Average Daily Trips Zas defined by 67,550 SF office buildings 3as defined by undeveloped site "as defined by 23 single-family dwelling units As noted previously in this report, the proffers of the existing zoning limit development of the subject site as a small office park. When the site was rezoned, the proffered plan called for the office park to share with the adjacent church a three-lane (one entering, two exiting) access on West Neck Road. This entrance and the associated left-turn and right-turn lanes has already been built due to the widening of West Neck Road for the construction of the new Kellam High School. Accordingly, should the current rezoning application be approved, the applicant will not have to make any improvements to West Neck Road. It is important to note that since the subject site is directly opposite the new Kellam High School and the streets will be public right-of-way, there is a high probability that students will make use of on-street parking for when attending school and any extracurricular activities. Although the residents would be able to petition Traffic Engineering to prohibit on-street parking if residents found the student parking to be objectionable, such prohibition would be applicable to any vehicle, including residents and their guests, and cannot apply only to vehicles driven by students. WATER: This site must connect to City water. There is a 12-inch City water line in West Neck Road. MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 5 SEWER: This site must connect to City sanitary sewer. There is a 12-inch gravity sanitary sewer line located in West Neck Road. Analysis of Pump Station 636 is required to determine if future flows can be accommodated. SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zonin Zonin Princess Anne Elementary 498 585 0 6 6 Princess Anne Middle 1,414 1,456 0 4 4 Kellam High (new) 1,838 2,000 0 5 5 Number of students 2"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number enerated under the ro osed zonin . The number can be ositive additional students or n ative fewer students . EVALUATION AND RECOMMENDATION As noted in the Comprehensive Plan section of this report, the subject site is located within the area of the city designated by the Comprehensive Plan as the Transition Area. The area is bordered by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, Indian River Road to the south, New Bridge Road to the east, and North Landing Road and the ITA boundary. It is an expansive area, with a wide variation in the type and character of the land uses within it. That variation is the result of over 20 years of evolution in Comprehensive Plan land use and development policy recommendations for the Transition Area that have come with each periodic update of the Plan (1991, 1997, 2003, and 2009), as well as Plan amendments between those updates. Probably one of the most significant of those amendments was the adoption of the "Interfacility Traffic Area and Vicinity Master Plan (ITA Plan)," which now provides land use and development recommendations for what was the western portion of the Transition Area in previous Comprehensive Plans. The policies for the ITA, which is also designated by the Comprehensive Plan as `Special Economic Growth Area 4- Princess Anne,' recognize "the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone," (Comprehensive Plan Policy Document, p. 4-3). Based on these constraints and opportunities, the Comprehensive Plan notes the following regarding development within and in the vicinity of the ITA: More specifically, the ITA vision prioritizes strengthening development nodes along the Princess Anne Corridor. In areas where residential uses fall outside of restricted AICUZ zones, vibrant mixed-use districts are envisioned where people can live, work, and recreate within walking distance to services and gathering spaces, (Policy Document, p. 4-5). Two such nodes, referred to as "Places" in the ITA Plan (p. 35), are the Municipal Center and the Historic and Cultural District, both of which are in immediate proximity to the site that the applicant has proposed for a Change of Zoning. One of the key recommendations of the ITA Plan for the Municipal Center is the need for more residential development to support the large number of employees in this area. This recommendation is reinforced by the fact that the majority of the Municipal Center area is outside of the AICUZ districts where residential uses are not compatible. The ITA plan calls for a urban style mixed residential/retail/office development within the core of the Municipal Center along George Mason Drive and single-family residential along North Landing Road within the periphery of the Municipal Center area, (p. 36). Consistent with that recommendation, in July 2011, the City Council approved a zoning change MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 6 for a single-family condominium residential development on a 9.98-acre parcel on North Landing Road, situated behind the existing buildings along the south side of George Mason Drive. That development, called Courthouse Green, consists of 38 single-family dwellings (3.8 units per acre), and includes two open space areas that are strategically located to preserve mature specimen trees. Similar to Courthouse Green, the applicanYs proposed development site is located such that appropriately sized residential dwellings can be provided within the periphery of the Municipal Center. With, however, the location being approximately 400 feet further from the core of the Municipal Center, the applicanYs proposed development is at a lower density (2.2 units per acre) than Courthouse Green and also provides a higher percentage of the site devoted to open space (49 percent). Thus, with regard to consistency with the recommendations of the ITA Plan, the proposed development is appropriate. Since the site is located within the Transition Area, staff also evaluated the proposed development for consistency with the Comprehensive Plan's policies for the Transition Area (see page 4). With regard to the policy that residential development should strive to provide at least 50 percent open space, 49 percent of the proposed development site will remain as open space. As recommended by the Transition Area Design Guidelines, staff utilized the Transition Area Matrix as part of the overall evaluation. The resulting score of 9.89 corresponds to a maximum of 9 dwelling units for the site. It is not unexpected that the Transition Area Matrix recommends a maximum density of slightly less than 1 dwelling unit per acre, while, on the other hand, the policies of the ITA Plan, as described in a previous paragraph, encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center, where infrastructure is available and the AICUZ allows such development. The Transition Area Matrix was purposefully designed to not allow residential density in excess of one unit per acre. The applicanYs development proposal, as well as the Courthouse Greens development, may demonstrate that there are locations within the Transition Area where strict adherence to the result of the Transition Area Matrix may be counter to other policy recommendations for specific areas within the Transition Area. In sum, staff concludes that based on the findings discussed above, and in particular, given this site's location within the periphery of the ITA Plan's 'Municipal Center,' the provision of 49 percent open space within the proposed development, the location of the site within the Less than 65 dB AICUZ where residential use is compatible, and the availability of public infrastructure to serve the development, the request for a Change of Zoning from Conditional 0-2 Office to Conditional R-5S Residential is acceptable. Approval is recommended as proffered. With the regard to the Modification of the Conditional Use Permit for the church, staff concludes that the reduction in site area for the church to 4.42 acres will have no negative impacts on the operation of the church, preschool, or child daycare, or on the surrounding area. Approval of the request is recommended with the conditions below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 7 PROFFER 1: The property, when developed, shall be developed, in substantial conformity with the conceptual site plan prepared by WPL, entitled "Conceptual Site Plan, West Neck Commons", dated November 18, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of residential single family homes located on the Property, when developed, shall not exceed a total of twenty-three (23). PROFFER 3: All open space areas depicted on the Conceptual Plan shall be preserved in a natural state, except for the possible introduction of recreational pedestrian pathways and/or other recreational features or equipment within these areas. PROFFER 4: No primary residential structure located on the Property shall be located within one-hundred feet (100') of the existing West Neck Road right-of-way. PROFFER 5: The freestanding monument-style sign located near the primary entrance to the Property from West Neck Road, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by WPL, entitled "Neighborhood Sign Elevation, West Neck Commons," dated January 10, 2013 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 6: The quality of architectural design and materials of the single family residential homes constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by WPL, entitled "Architectural Model Photos, West Neck Commons", dated December 20, 2012 (the "Renderings"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 7: Open space areas depicted on the Concept Plan will be owned and maintained by a Homeowner's Association in which all owners of residential lots on the Property will be required to be members. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of quality of the project and ensure the residential development will be constructed as indicated on the proffered plans and the open space will be maintained into the future through a Homeowners Association with mandatory membership. The City Attorney's Office has reviewed the proffer agreement dated November 19, 2013, and found it to be legally sufficient and in acceptable legal form. MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 8 CONDITIONS APPLICABLE TO USE PERMIT MODIFICATION OF TIDEWATER UNITED CHURCH OF CHRIST 1. The conditions of the Use Permit approved on September 9, 1997 are superseded by the conditions herein. 2. Upon subdivision of the existing property, the size of the parcel occupied by the existing church shall not be less than four (4) acres. 3. The layout of the site shall be as depicted on the submitted plan entitled "Modification of Conditions Plan, Tidewater United Church of Christ," prepared by WPL, and dated November 25, 2013. Any additional construction or site modification shall require Modification of this Use Permit. 4. The exterior of the building on the site shall be in substantial conformance with the building elevations and material boards submitted with the application package dated June 27, 1997, with the exception of the color of the gutters and downspouts, which shall match the color of the painted wood trim. 5. Signs shall be constructed in accordance with renderings submitted with the application package dated June 27, 1997. Not more than one free-standing sign is permitted, and such sign may be double-faced. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by fhe Department of Planning / Development Services Center and Department of P/anning / Permits and ?nspections Division, and the issuance of a Certiricate 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 Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. MG HOMES, LLC / TIDEWATER UNITED CHtlRCH Agenda Items 1 & 2 Page 9 . ....i.._. ...i ? .? ?. h; ?? ? 1._ _? e Y ?)?' • >.'? . * Y A T"k A?"a, ? . ? .Y. ? ? lt? I 10 ?' ? ? \_?• ?! ?? ya3' °'r ? ,1 r AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 10 < ? - Q F- e ? < a ? o ? ? ? ? LL y ? r g Z (n v y _ ? L ? i X ? i V z p c .r,, L Y Y t_ z '? L y ' ? + > Q C ` < ? „ _ Q z G _ ? - < ` . ,_, ? ? S F J f F Z F y ? C S f Z S ? z u F ? ? $ l 5 . Z S 5 / 5 ` $ / - ^ z x L a ^ r G Y .aVi Z r 3 L ? p W ?-, ?m b ? M g N i ? g 3 5 ? W m ? ? j w ? z w >. U. ? C ? w >. a ? ? c z a_ ? U F SA a ? r ?aaw.: QZ> L z y ? x J' U ?] A z ? 'ec G, v i ? ? "CONCEPTUAL SITE PLAN, WEST NECK COMMONS" (PROFFER 1) MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 11 s7 m ? V W G t : r V y 7 cE 3 ? ? v ;J V.' a w ?w c 2? ?W 7 ? ? a ? a ?-? V i? sa ? r z ? y ? ? ? Q O ?=v a O s ?. oV>`a ? -? ? w' ? ? cr, - w. ?J z a •., s ? "ARCHITECTURAL MODEL PHOTOS, WEST NECK COMMONS" (PROFFER 6) MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 12 e ? ..y s' . 1 ., Y T / i 'k ?Fl r?•;/1 . 1 ? 0 m ?? _, LV ?• c3 ??I..G4 J r 4 v \/ l' F 't ..0'.9 CA a ca ?w L ? ? r I ! L ? 2y ? Si Q J O ?rr1 ? V I ? ? a C ^ r sw xa ? !? y 7 7 ? i- "~ ^ F w y ... zV n x?? ? O V i ?t J w=v ? ? "NEIGHBORHOOD SIGN ELEVATION, WEST NECK COMMONS" (PROFFER 5) MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 13 ?m ? 3 ; ° S « $ 1 S z W. W? Z' x >? W' U a ? ?- ? a: Q? a Z Q F- O W U: F-? w z Z ? O wx a: ?r '? Q ? O F- 'F Q L 'L ; ^ W a ?, ? i 5 'x G. . z >3 ? F3 PLAN SUBMITTED WITH MODIFICATION OF CONDITIONS APPLICATION MG HOMES, LLC / TIDEWATER ? ) CHURCH Items 1 & 2 Page 14 -- - . - ? ?o „ ' ?= s a : h `? s ? ? Z' ?` • y ? ? Q Q fi ? o dm? ?a? ? V Sx «? dS?O mo2,Pt S B ' " HII p ,? O ? ? •.'_ _ ?` ""' . .1-0?t ? • E?r.a ? - ?• ? ' """' . i ? - , 0 i ?. -°-• ? . I ri o e?? :, ?:-# • ? y?i? { C??' ? • ?iq'•` "?'? ` L . OYON H33N 1 S3M F? SY 3_$ ?!dlt ? 8 PROPOSED SUBDIVISION OF PROPERTY AS DESCRIBED ON PAGE 2 OF REPORT I?! : I MG HOMES, LLC 1 TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 15 ZONING HISTORY # DATE REQUEST ACTION 1 08/14/2012 Rezonin (PD-H2 to P-1) A roved 02/28/2012 Street Closure A roved 07/12/2011 Conditional Rezonin AG-1 & B-1A to PD-H2 [R-5D] 2 06/08/2010 Rezoning R-10 to AG-1 A roved 3 04/08/2008 Conditional Rezonin (AG-1 & AG-2 to 0-2) A roved 4 10/10/2006 Conditional Rezonin (AG-1 & AG-2 to 0-1) A roved 5 03/09/2004 Modification of Proffers A roved 6 07/03/2001 Conditional Use Permit (preschool & child da care Ap roved 09/09/1997 Conditional Use Permit (church & child da care) A roved MG HOMES, LLC / TIDEWATER U :D CHURCH i Items 1 & 2 Page 16 Revised 11/1/2(113 1F6Fsc--LoSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach list if necessary) MG Homes, Whit Hill, Agent 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) See attached sheet. ? 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: (Affach list if necessary) West Neck Properties, Dave Jester, Manager Trustees of Tidewater United Church o nst (Christian enne , a y ean a o, ar es Frank Vntava IV 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list if necessary) , See attached sheet. F]Check here if the properly owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No FX If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 of 12 ? O ? ? ? ? ? ? ? ? O N ? O ? A ? O V DISCLOSURE STATEMENT MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 17 ? O ?i ? ? V ? ? ? ? ? O N ? O 1??1 ? A 0 O caw? Revisea 1111n013 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all knovm 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 sarvices: (Attach list if necessary) WPL - Engineering and Architect Williams Mullen - Legal Wall Einhorn - Accountants Troutman Sanders LLP - Legal '°Parent-subsidiary relationship° means 'a relationship that exists when one corporation direcUy or indirectiy owns shares possessing more than 50 percent of the voting power of another corporetion.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z"Affiliated business entity relationship" means `a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling ovmer in one errtity is also a controlling owner in the other entity, or (iii) there is shared management or control behveen the business entities. Factors that should be considered in determining the exlstence 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 othervvise share activities, resources or personnel on a regular basls; or there Is otherwise a dose working relaGonship belween the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Information contained hereln is true and eccurate. I understand that, upon receipt of notificaUon (postcard) that the appllcatlon has besn scheduled fw public hearing, I am responsible tor obtaining and posting the required sign on the subject property at least 30 days prior to tlie scheduled public hearinB acxording to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Departrnent of Planning to photograph and view the site for purposes of processing and evaluatin th? app? ication. ? S. ti/k;t/fi'!?, hut?+o-?-?? _.__------? Aqq?anCs_Signatt?r Print Name WE$,;? ' ARINERS,ta , -- ? . { BY N {- • M. Uavld .;cyter. Manaker FropsrEy Dwr.er's Signat re - ifferant tha,7 applicarq Prin; Name Tidewater United Church of Christ (Trustees) Christian Robert Pernell ihan annliran}1 irP !if diffprPnt }han annlirantl Print Alame Charles Frank Votava, IV priCRLmMI: &1? 4,11 z1r14T-L Kathy Jean Sabol ro w'er's Signature (ff different than applicant) Print Name DISCLOSURE STATEMENT MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 18 ? 0 ? ? ? ? ? ? O ? A ? O V w O ? O F?1 ? V l??1 ? I?t A O ? IF- DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below; (Attach list if necessary) Tidewater United Church of Christ (Trustees) 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) Please see attached. ? Check here ff the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this secfion only if property owner is drfferent from appJicant. If the properiy 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) Same as Applicant. 2. List all businesses that have a parent-subsidiaryi or affiliated business entiry2 relationship with the applicant: (Attach lisf if necessary) Same as Applicant. ? Check here 'rf the property owner is NaT 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 Modiflcatlon of CondiGons Appllcation Page 8 ot 9 Reviaed 711/2013 DISCLOSURE STATEMENT MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 19 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate se?vices, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. - Legai Services '"Parent-subsidiary relaUonship' means "a relaUonship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Local Govemment Confiid of Interesb Act, Va. Code § 22-3101. 2 °Affiliated business entity relationship" means `a relationship, other than parent- subsidiary relationship, that exists when () one business errtity has a controlling ownership interest in the other business entitp, (ii) a controlling owner in one entity is also a contmlling 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 (nclude that the same person or substantially the same person own or manage the two enttties; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activfies, resources or personnel on a regular basis; or there is otherwise a ciose working relationship beNveen the entiGes " See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. lir ERTIFIC ATION: I certify that the frrformatton contained herein is true and eccurate. underffitand that, upon racefpt of rwtificatbn (postcard) that the epplication has been schedufed for ublic hearing, I?n responsble for obtaining and posting the required sfgn on the subject property et ast 30 daya prbr to the scheduled public hearing according to the instructions in thia packa8e. The ndersigned also consents to entry upon the subject property by employees of the Departmerrt of ianning to photograph and view the site for purposea of processing and evaluating this appiicedon. :A.,dY -e-? 6?'uLG4 ,x-/ CLr;sd- ? SI natwv Print Name ?f,X- 7, x?, -111-7 Charles Frank Votava, IV Property Owners Signature (if different than applicant) Print Name Ll., 4,?Kathy Jean Sabol ro ?er's Signature ('rf different than applicant) Print Name ? ? V ? ? ? U? ? O ? O V ? O ? O ? ? ?i A ? DISCLOSURE STATEMENT MG HOMES, LLC / TIDEWATER UNITED CHURCH Agenda Items 1 & 2 Page 20 Items #1 & #2 (1) MG Homes, L.L.C. Conditional Change of Zoning (2) Tidewater United Church of Christ Modification of a Conditional Use Permit 2660 West Neck Road District 7 Princess Anne January 8, 2014 REGULAR David Redmond: We will now address the remaining items on our agenda. Before we do, while our Secretary Mr. Thornton gets organized, I will remind folks of a couple of points. If you are an applicant you have ten minutes to speak. If you speak in opposition to a matter on behalf of an organization as designated by that organization, you will also have ten minutes to speak. Otherwise, if you're an individual speaking on a given item, you will have three minutes to speak. When your time is up, you will see that red light on the podium. At that point, stop. And I will stop you, if you have not stopped already. Please do adhere to the time limits. It is simply not fair to other folks who want to speak when folks go on past their time. We want to be respectful of everyone's time, but also remind folks to please stay at the podium when you speak. If you walk away from that microphone that is at the podium, we can't record what you say, and get a transcript. And most importantly, the folks who are watching at home on vbgov.com, streaming live, or VB television, can't hear what you have to say. We certainly want to make sure they can hear what you have to say. And with that, I will address the remaining matters on our agenda. I will ask the Secretary, Mr. Bob Thornton to please call the first item. Bob Thornton: The first item that we will hear today are items 1& 2. We will hear those together. The applicant is MG Homes, LL.C. This is an application of MG Homes for a Conditional Change of Zoning from 0-2 Office and AG-1 Agricultural to Conditional R-5S Residential. The property is located on the west side of West Neck Road approximately 600 feet south of North Landing Road. That is number 1. Number 2 is Tidewater United Church of Christ. It is an application of Tidewater United Church of Christ for a Modification of a Conditional Use Permit. The property is located at 2660 West Neck Road, District 7, Princess Anne. And Mr. Beaman is here to speak on behalf of the applicant. Dave Redmond: Welcome Mr. Beaman. Rob Beaman: I appreciate it Mr. Chairman. Mr. Secretary, Mr. Vice Chairman, and members of the Commission, for the record again, Rob Beaman, I'm a Virginia Beach Attorney here today on behalf of the applicant MG Homes. Here with me today are Tim Harkins, Jim Miller, and Whitt Hill on behalf of MG Homes, and these gentlemen will stand by for any questions you may have on these applications. As Stephen mentioned in the informal session this morning, our site is Item #1 & 2 (1) MG Homes, L.L.C. Conditional Change of Zoning (2) Tidewater United Church of Christ Modification of a Conditional Use Permit Page 2 located near the corner of West Neck Road and North Landing Road here in proximity to the Municipal Center. It is currently zoned 0-2. It was zoned 0-2 pursuant to a 2008 rezoning where Marlyn Development came in and intended to put office development on this site; however, due to market conditions, that development never moved forward, and they have been searching for another appropriate use since that time. My client, MG Homes, became involved in this property back in November 2012, actually, so it has been well over a year. In January and February of 2013, they went through the Historical Review Board process, and obtained a Certificate of Appropriateness for the architectural renderings for these homes. They have also been working very diligently with City staff since that time to improve the site plan, which you see right here. As Stephen noted in the informal session, we've actually been able to bring the unit count down from 26 units to 23 units. Those three units were replaced with pocket park features which increased our open space. We've also implemented a 100-foot buffer along West Neck Road so that no houses are within 100 feet of the right-of-way, which added some more open space you see on the plan. And finally, we were currently under contract with the church next door, Tidewater United Church of Christ, to purchase approximately three acres in the rear of their site and the rear of our site to preserve in perpetuity as open space. The only sort of features that would go in that area are recreational trails for the use of our residents, which would be another amenity there. As a result of all of these actions, we have been able to reduce our density to just over two per acre and increase our open space to about 49 percent, almost 50 percent of the site. So we are very proud of that. In terms of the architecture, I mentioned we went through the Historical Review Board and got a Certificate of Appropriateness. You will see here [referring to PowerPoint presentation] that these houses have a lot of upgraded features. You will see standing-seam metal roof features, porch features, and the garage doors are all kind of upscale carriage-house type doors. There is one feature that you won't see in the packet, which is something that the Historical Review Board approved, which is the site lighting. The street lighting on the site will all be the old style antique black lantern style, which is an upgrade over what you typically see in a development such as this. One thing I will mention before I step away. We see this as a kind of prototypical infill development. It is surrounded by mostly institutional uses and also a commercial use on the corner. Navy Federal Credit Union is going in on the corner. There is a church beside it. There is Kellam High School across the street from it with natural features in the rear of it. So this really is meant to be a 23-lot development. It is not a seed for something larger. It really is kind of a self-contained entity. With that, we think it is an appropriate use for this site. We think it is consistent with the other uses that are surrounding it. And we appreciate your consideration today. Dave Redmond: Thank you Mr. Beaman. Are there any questions for Mr. Beaman? No? And you'll hang tight for rebuttal sir. Alright. Thank you. Item #1 & 2 (1) MG Homes, L.L.C. Conditional Change of Zoning (2) Tidewater United Church of Christ Modification of a Conditional Use Permit Page 3 Bob Thornton: We have one speaker signed up to speak in opposition. Ms. Lisa Hartman. Are you here to speak please? Dave Redmond: Welcome Ms. Hartman. Lisa Hartman: Thank you. I appreciate the opportunity to speak. I ask you not approve. Ed Weeden: Can you state your name for the record? Lisa Hartman: Oh, my name is Lisa Hartman. I ask you not to approve this application and don't be tempted down the dirt path that has been gone down before. It's down the road paved by our Comprehensive Plan and supported by our Zoning Ordinance. City Ordinance was enacted to control zoning and management the City's Comprehensive Plan, and it specifies the creation of the residential zoning district R-55 to recognize the existence of developed areas where single-family dwellings exist on lots of 50 to 60 foot frontages, and it is not the intention to create additional R-5S districts or to enlarge the limits of existing R-5S districts. While the intent of the law is clear, Planning has approved this application. It is not intended for approval on these types. I'm sorry. It is not within the scope of power for Planning but only within the scope of power for the City Council. So, I can appreciate that they like it. They think it is okay. I still feel they should not approve it but they have plenty of staff comment areas that they can comment on how it can be good and this is the City Council's decision. This is not the decision of Planning. If it's Planning decision, then who is the advocate for the citizen? I've spent countless hours on this and other issues that have come down the pike exactly like this that it is violation, as I feel is in violation, maybe that is a harsh word of our City Ordinance. As our City Ordinance was specifically enacted to uphold the Comprehensive Plan and if we allow this R-5S to go through with approval from Planning and this Commission, there is nobody looking out for us. I don't have time to full-time to watchdog what comes through this Planning Commission. There have been several items that are like this that to me is a complete violation. I specifically spoke to some City Council members and expressed concern over changing the law to allow 5,000 square foot lots, and they would rather have the option to approve or not approve after it comes through. But when it comes through, it is so much harder as citizens to fight these types of things that are not right, that are going to City Council that they are having to defer because there are problems with the plan but it is coming out of Planning and this Commission with an approval. You guys are not asking the hard questions, and I need you to do that. When it is a violation of the City Code or against the intention of the City Code, I need for you to uphold that, just as we trust our Police Department to uphold our laws. So, I'm asking you not to approve this and future applications exactly like this. Item #1 & 2 (1) MG Homes, L.L.C. Conditional Change of Zoning (2) Tidewater United Church of Christ Modification of a Conditional Use Permit Page 4 Dave Redmond: Okay, thank you. Just to clarify, we don't make any decision here today. We make recommendations to City Council, and then they make their determination. Lisa Hartman: I understand. I'm asking you to recommend that it not be approved. Dave Redmond: Alright. Thank you Ms. Hartman. Does anyone have any questions for Ms. Hartman? Thank you. Lisa Hartman: Thank you. Bob Thornton: Mr. Chairman that is the only one who signed up to speak in opposition. Dave Redmond: Mr. Beaman? Welcome back. Rob Beaman: Thank you Mr. Chairman, I don't really have any rebuttal except that we have worked very diligently with the Planning Department for about a year now. We have worked with the ITA Committee. We worked with the surrounding property owners, and we do believe this is an appropriate use and appropriate density on the site. Thank you very much. Dave Redmond: Thank you Mr. Beaman. Does anyone have any questions for Mr. Beaman before he sits down? No? Alright, thank you Mr. Beaman. We will go ahead and close the public hearing for this agenda item and open it up for discussion amongst the members. Don Horsley: Mr. Chairman, I see you looking at me. Dave Redmond: Yes, that is correct. Don Horsley: The applicant, and I intend to agree with staff's recommendation there, the applicant has worked real hard with staff. They just didn't come in and say we want to build 23 houses. They came in initially with 7.3 acres that was zoned Office, which would not work on that piece of property - the office development. And this goes back to some amendments that have been made to the Comprehensive Plan concerning the ITA area, and I know this specifically is not in the ITA area, but it is right on the borderline. Some of the recommendations from that study, which was ultimately passed by Council, and amended in the Comprehensive Plan, kind of embrace these types of developments. There have been some other ones that Council has approved in the Courthouse area, and they are right on the borderline of that. It would be very hard for this to go any further south toward the Rural Area. The applicant first came in with the 7.3 acres, and then working with staff, ended up trying to make things better and meet that 50 percent open space requirement in the Transition Area. Item #1 & 2 (1) MG Homes, L.L.C. Conditional Change of Zoning (2) Tidewater United Church of Christ Modification of a Conditional Use Permit Page 5 So, they got it up to 49 percent by adding the extra three acres from the church, and it decreased the density a little bit after they did that. We've got a 50 percent open space requirement, and this is 49, so that pretty well meets that. And with the type of development it is, it looks like a very high quality development. It is very pedestrian friendly. It's got an area for recreation and trails and open space area in the front of it, right across the street from Kellam High School, so I beg to disagree with the young lady that spoke. I don't think we are in violation of anything with our recommendation today. So, I'm prepared whenever, everybody finishes, to make a motion. Dave Redmond: Is there any other discussion? Mr. Horsley? Don Horsley: I make a motion that we approve items 1& 2, the application for the Change of Zoning and the Modification of Conditions for the church. Dave Redmond: Do I hear a second? Chris Felton: I'll second it. Dave Redmond: A motion by Commissioner Horsley and seconded by Commissioner Chris Felton. We're ready to vote. Ed Weeden: The vote is open. Ms. Oliver your verbal? Dee Oliver: Aye AYE 10 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 Item #1 & 2 (1) MG Homes, L.L.C. Conditional Change of Zoning (2) Tidewater United Church of Christ Modification of a Conditional Use Permit Page 6 Ed Weeden: By a vote of 10-0, the Commission approved items 1& 2, MG Homes, L.L.C. and Tidewater United Church of Christ. Dave Redmond: Thank you Mr. Weeden. Thank you Mr. Beaman, Ms. Hartman. We appreciate your participation. ? ??IA-BEA? CAxL 7 ?. y„??i / I?' r n \ C)r S pp puR" NP??pt? In Reply Refer To Our File No. DF-8585 TO: Mark D. Stiles FROM: B. Kay Wiison CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDLNCE DATE: January 31, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; West Neck Partners, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 11, 2014. I have reviewed the subject proffer agreement, dated November 19, 2013 and have determined it to be legaily 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 day of Jo p- F`??` , 2W s, by and between WEST NECK PARTNERS, L.L.C., a Virginia limited liability company ("West Neck", to be indexed as grantor); TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST (together the "Church"); MG HOMES, LLC, a Virginia limited liability company ("Contract Purchaser", to be indexed as grantor) (hereinafter referred to collectively as the "Grantors"); 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, West Neck is the current owner, and Contract Purchaser the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN 1477-04-8837-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A(the "West Neck Parcel"); and WHEREAS, the Church is the current owner, and the Contract Purchaser the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as an approximate three (3) acre portion of GPIN 1494-80-1286-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B(the "Church Parcel"); and WHEREAS, the West Neck Parcel and Church Parcel are together referred to herein as the "Property"; and WHEREAS, West Neck, the Church, and the Contract Purchaser are collectively referred to herein as the "Grantors"; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-l, AG-2 and 0-2 to Conditional R-SS; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and GPIN NOS.: 1477-04-8837-0000; 1494-80-1286-0000 WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-SS are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-SS zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subj ect Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: l. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by WPL, entitled "Conceptual Site Plan, West Neck 2 Commons", dated November 18, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The number of residential single family homes located on the Property, when developed, shall not exceed a total of twenty-three (23). 3. All open space areas depicted on the Conceptual Plan shall be preserved in a natural state, except for the possible introduction of recreational pedestrian pathways andlor other recreational features or equipment within these areas. 4. No primary residential structure located on the Property shall be located within one-hundred feet (100') of the existing West Neck Road right-of-way. 5. The freestanding monument-style sign located near the primary entrance to the Property from West Neck Road, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by WPL, entitled "Neighborhood Sign Elevation, West Neck Commons," dated January 10, 2013 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 6. The quality of architectural design and materials of the single family residential homes constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by WPL, entitled "Architectural Model Photos, West Neck Commons", dated December 20, 2012 (the "Renderings"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 7. Open space areas depicted on the Concept Plan will be owned and maintained by a Homeowner's Association in which all owners of residential lots on the Property will be required to be members. 8. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the 3 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 Grantors 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 Cous-t of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a"Grantor" under this Agreement. [RemaindeY ofpage intentionally left blank. Signature pages to follow.] a IN WITNESS WHEREOF, the undersigned West Neck executes this Agreement as of the date first written above. WEST NECK: West Neck Partners, L.L.C., a Virginia limited liability a By: d Name: Title: OMMONWEALTH/S ATE OF Lk. tCIT OUNTY OF ?jh?i,•,a,trz., ?? to-wit: ' ? (? The foregoing instrument was acknowledged before me ? this Iqk day of 20 3, by who is personally known to me or has produced as identification, in his/her capacity as of West Neck Partners, L.L.C., on behalf of the company. Notary Public ? 1NA? MM1SSIONED AS TiNA ;. My Commission Expires: ! 5 I WAS COMMISS{ONED AS TINA J. CP Registration No. 3 '__? 11 1 J a__,- [NOTARIAL SEAL/STAMP] ```???t1111?1U???i J. ?? •? • i ? NOTA;:'.< • ;, ? PURLI ; ? - = REG {? ?'v : ' ? ? = MY C"." ? ?t% ? e C??'?---? ,,,?'••.,..o? ° •'s????%l I I I O? ? ` 5 IN WITNESS WHEREOF, the undersigned MG Homes executes this Agreement as of the date first written above. MG HOMES: MG Homes, LLC, a Virginia limited liability company B ??'? lV??r?" y' ..w Na e Titl?:' ?s?-ol COMMONWEALTH/?TATE OF CITY/COLTNTY OF V 'r ,•w- , to-wit: ? 20_L3, The fore oing instru ent was acknowledged before me this a day by , who is erp sonally known to me or ac ; entificatinn_ in his/her canacitv as MG Homes, LLC, on beh? My Commission Expires: Registration No. 12?S 3q I [NOTARI?AL SEAL/STAMP] ?ii ..? C " • ?! \ a ;???.•, ?? ? ? ?.? "=; 0 OY R ?:. .,•I?IG\\ P"? of N1OVtr?1,6.sC T has produced of 6 IN WITNESS WHEREOF, the undersigned Church executes this Agreement as of the date first written above. /l /I , - , e les Frank Votava, IV COMMONWEALTH/STATE OF VIRGINIA C1TY/C6'0I?N OF VIRGIN A BEAC][;_Wit: The foregoing instrument was acknowledged before me this22nd day of Novemker, 20 1 3, by Christian Robert Pernell, who is personally known to me or has produced as identification, in his/her capacity as Trustee of Tidewater United Church of Christ, o behalf f t rch. ???-???L No rva Public My Commission Expires: A11su s t 31 , 2 01 4 Registration No. 1 9 2 6 2 8 [NOTARIAL SEAL/STANIP] COMMONWEALTH/STATE OF VIRGINIA CITY/COLJNTY OF VIRGINIA BEACH , to-wit: T° ? The foregoing instrument was acknowledged before me this3rd day of pecember2Q 13 , by Kathy Jean Sabo], who is personally known to me or has produced as identification, in his/her ca acit as Trustee of Tidewater United Church of Ch 'st, on half f Church. r„ .••"'""'•. -?,??, .• p Y ? J l-?=C-?1 P-4.•Q?• N. ? My Commission Exp August 31, 2014 Notary Public Registration No. ??s y2 [NOTARIAL SEAL/STAMP] ? : ?. .y COMMONWEALTH/STATE OF VIRGINIA CITY/COUNTY OF VIRC2NIA BEACH , to-wit The foregoing instrument was acknowledged before me this 26ti-iday of November,' 2013 , by Charles Frank Votava, IV, who is personally known to me or has produced as identification, in his/her capacity as Trustee of Tidewater United Church of Chr' t, onb alf V Church_,?? otary Public _A 20 My Commission Expires: August 31 , 2014 Registration No. 1 926 [NOTARIAL SEAL/STAMP] A? ---.0 d ? Exhibit A Legal Description of West Neck Parcel ALL THAT certain piece or parcel of land, with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, containing 7.787 acres, more or less, being the same property shown on "Survey of Part of Property of Paul W. Sawyer, M.B. 96, P. 16 (erroneously referred to as P. 12) Princess Anne Borough, Virginia Beach, Virginia", said survey being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, at page 183, on December l, 1975, and more particularly described as follows: Beginning at a point in the northern right-of-way of West Neck Road, which point is 690' south of the intersection of the northern right-of-way of West Neck Road and the eastern right-of-way of North Landing Road, and from said point of beginning running north 17° 50' east 456.43 feet to a pin; thence turning and running north 79° 28' east 29.59 feet to a pin; thence turning and running north 24° 28' east 39.60 feet to a pin, thence turning and running north 61 ° 18' east 99.06 feet to a pin; thence turning and running south 72° 07' 14" east 348.97 feet to a pin; thence running south 72° 25' 56" east 56.05 feet to a pin; thence turning and running south 17° 20' 28" east 303.77 feet to a pin; thence turning and running south 63° 19' 07" west 711 feet to a pin; thence running along the north side of West Neck Road north 28° 26' 13" west 238.53 feet to the point of beginning. Less, save and except that portion of the property conveyed in Deed Book 4538 at page 139. 8 Exhibit B Legal Description of Church Parcel ALL THAT CERTAIN PIECE OR PARCEL OF LAND LYING, SITUATE, AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET PIN ON THE EASTERN RIGHT-OF-WAY L1NE OF WEST NECK ROAD A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY AT THE DIVIDING LINE OF PROPERTY OF WEST NECK PARTNERS, LLC AND PROPERTY OF TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST; THENCE DEPARTING SAID EASTERN RIGHT-OF-WAY LINE OF WEST NECK ROAD IN A NORTHEAST DIRECTION ALONG THE DIVIDING LINE OF PROPERTY OF WEST NECK PARTNERS, LLC AND PROPERTY OF TRUSTTES OF TIDEWATER UNITED CHURCH OF CHRIST: NORTH 54° 42' 00" EAST, A DISTANCE OF 528.72 FEET TO A POINT BEING THE POINT OF BEGINNING; THENCE NORTH 54° 42' 00" EAST, A DISTANCE OF 116.82 FEET TO A POINT; THENCE NORTH 25° 57' 24" WEST, A DISTANCE OF 285.02 FEET TO A POINT; THENCE SOUTH 79° 09' 43" EAST, A DISTANCE OF 236.20 FEET TO A PO1NT; THENCE SOUTH 25° 02' 09" EAST, A DISTANCE OF 7.68 FEET TO A POINT; THENCE SOUTH 74° 49" 09" EAST, A DISTANCE OF 76.39 FEET TO A POINT; THENCE SOUTH 15° 53' 09" EAST, A DISTANCE OF 138.42 FEET TO A POINT; THENCE SOUTH 62° 03' 00" EAST, A DISTANCE OF 13.90 FEET TO A POINT; THENCE SOUTH 25° 44' 54" WEST, A DISTANCE OF 216.73 FEET TO A POINT; THENCE SOUTH 31° 11' 16" EAST, A DISTANCE OF 221.86 FEET TO A PO1NT; THENCE SOUTH 53° 03' 44" WEST, A DISTANCE OF 128.04 FEET TO A POINT; THENCE NORTH 35°21' 20" WEST, A DISTANCE OF 428.21 FEET TO A POINT BE1NG THE POINT OF BEGINNING AND CONTAINING 130,680 SQUARE FEET OR 3.000 ACRES. 9 p C i M W Z Z a ? ? W? Z' ? ? M d ? ? 4h V ? ,C ? N .. c? C w b ? d U C d 04 N O? a '? .. o u -Z r? o '3 0 ca . ?, N? c?`i' ? ? ? ? ? ? ? ? ? . . ? . ? ? \ W Z Z a ? ? W? ?ZM ? LO? d 0 a 0 ? ? .w ? .? ? 4 ? i ? j V C m pa y ro ? N ? T Cp aa v o O oC V , ? o 0 ?L ca . ?, N? c?i ,g CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: JENNIFER FEDOROWICZ (Applicant) / TROY SCOGGIN (Owner), Conditional Chanqe of Zoninq from Conditional 0-1 Office to Conditional B-1 Neighborhood Business. 2310 Princess Anne Road (GPIN 2404531549). PRINCESS ANNE DISTRICT. CHRISTIE ROTHER (Applicant) / TROY SCOGGIN (Owner), Conditional Use Permit for a specialty retail shop. 2310 Princess Anne Road (GPIN 2404531549). PRINCESS ANNE DISTRICT. MEETING DATE: February 11, 2014 ¦ Background: The applicants request a Change of Zoning of the existing property from Conditional 0-1 Office District to Conditional B-1 Business District for the purpose of using a portion of the building as a yoga studio. The applicants also request a Conditional Use Permit to allow use of a portion of the building for a`Specialty Shop' for the sale of stand-up paddle boards. Section 111 of the Zoning Ordinance specifically defines `Specialty Shops' as a use, separate from 'Retail Sales,' for shops less than 3,000 square feet in area that cater to a particular market and sell goods that are not available in general retail stores. Specialty Shops are allowed in the B-1 Business District with a Conditional Use Permit. In 2007, the property owner of the subject site requested a rezoning from R-20 Residential District to Conditional 0-1 Office District, as well as a Floodplain Variance to Section 5B of the Site Plan Ordinance since the site is completely located within Flood Zone AE. City Council approved the request subject to the associated proffers. Said proffers included substantial conformance to the submitted site plan. The site plan (included in the attached staff report) called for the parking lot to be paved with permeable pavers after the compacted gravel was removed as well as landscaping that exceeded the minimum requirements. ¦ Considerations: Currently, there is a two-story 2,089 square foot structure located on the site. To the east of the structure is a gravel parking lot consisting of ten spaces. There is one vehicular access point located on Princess Anne Road. While the site is bordered by wooded areas to the west, north, and east, vegetation on the site consists of a few mature evergreens along the west lot line, and minor foundation landscaping along the front fagade. No alterations to the exterior of the building are proposed. The applicant proposes altering the originally approved plan to call for only the minimum required area to be paved with permeable pavers to allow ADA compliant access as well as only the minimum landscaping requirements to be met. A preliminary site plan showing the proposed minimum requirements is included in this report. Jennifer Fedorowicz & Christie Rother Page 2 of 3 Yoga classes and yoga therapy will be offered three times a day Monday through Friday, one in the morning, afternoon, and evening. During the weekends, classes would be limited to the morning hours only. Each class would be 75 to 90 minutes long, and up to 10 people will attend each class. Yoga classes will take place on the second floor of the building. The Specialty Shop for the sale of stand-up paddle boards will be on the first floor. During the summer, the Specialty Shop will be open six to seven days a week between the hours of 11:00 am and 6:00 pm. During the winter, hours of operation will be limited to Thursday through Sunday, between the hours of 12:00 noon to 6:00 pm, and by appointment. As previously noted, the sole vehicular access point is less than 200 feet west of the intersection of Seaboard Road and Princess Anne Road, which would, until Nimmo Parkway is completed, make exiting the property to head northeast on Princess Anne difficult. Accordingly, staff recommended to the applicants that use of the B-1 Neighborhood Business District as opposed to the surrounding B-2 Business District is more appropriate for the intended uses. The B-1 Business District does not permit the `Retail Establishments' or `Drive-Through Restaurants' by-right. These two uses are, however, allowed by-right in the B-2 Business District. Given the size, location, and access of the site, uses permitted under B-1 are more appropriate. In 2007, City Council approved a Floodplain Variance to Section 5B of the Site Plan Ordinance. At that time, Staff recommended the installation of pavers, and waiving the requirement for curb, gutter, and concrete or asphalt parking lot surface to reduce the impervious area by over ten (10) percent and therefor mitigate impacts on the floodplain. Due to a lack of tenants and resources, the property owner was unable to make the recommended improvements. Staff has evaluated the site against the current standards and design recommendations for environmentally appropriate parking areas, and with the approval of the City Building Official, recommends reducing the scope of the area of permeable pavers to approximately 514 square feet, which will allow ADA compliant access to the building. The remainder of the parking lot will remain as is. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed these items on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers and conditions: PROFFERS PROFFER 1: The property shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan, Mr. Troy Scoggin- Rezoning of 2310 Princess Anne Road", prepared by Blakeway Corporation, which has been exhibite to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department") Jennifer Fedorowicz & Christie Rother Page3of3 PROFFER 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant city agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated December 13, 2013 and found it legally acceptable. CONDITIONS OF USE PERMIT FOR SPECIALTY SHOP: 1. All signage shall be approved by the City Zoning Administrator. 2. All landscaping shall meet the minimum requirements as defined by the City Landscape Ordinance. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: ?, • ? PRINGE8S ANNE .iap J-12 Jennifer Fedorowicz R10` R10" ? R10 ?0 r a R ,R2g ; AG2 . 4 82 2' B2 - - A62 ? AG2 _ ?- AG4 = -_ A. ? AG2 , R20 •,aNn,.Y, ?aMWS.p,W.,.. ? Conditiona/2onirtg Chanye /rom ConOibona/ 0,1 fo Contlrtqna/ 8-7 12&13 January 8, 2014 Public Hearing APPLICANTS: JENNIFER FEDOROWICZ & CHRISTIE ROTHER PROPERTY OWNER: TROY SCOGGIN REQUESTS: 12. Conditional Chanqe of Zoninp from Conditional 0-1 to Conditional B-1 13. Conditional Use Permit (Specialty Shop) ADDRESS / DESCRIPTION: 2310 Princess Anne Road STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24045315490000 PRINCESS ANNE 13,989 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicants request rezoning of the existing property from Conditional 0-1 Office District to Conditional B-1 Business District, to allow use of a portion of the building as a yoga studio. The applicants also request a Conditional Use Permit to allow use of a portion of the building for a`Specialty Shop' for the sale of stand-up paddle boards. Section 111 of the Zoning Ordinance specifically calls out Specialty Shops as a use, separate from Retail Sales, for shops less than 3000 square feet in area that cater to a particular market and sell goods that are not available in general retail stores. Specialty Shops are allowed in the B-1 Business District with a Conditional Use Permit. In 2007, the property owner of the subject site requested a rezoning from R-20 Residential District to Conditional 0-1 Office District, as well as a Floodplain Variance to Section 5B of the Site Plan Ordinance. City Council approved the request subject to the associated proffers. Said proffers included substantial conformance to the submitted site plan. The site plan (included near the end of this report) called for the parking lot to be paved with permeable pavers after the compacted gravel was removed as well as landscaping that exceeded the minimum requirements. JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 1 Currently, there is a two-story 2,089 square foot structure located just west of the center of the site. To the east of the structure is a gravel parking lot consisting of 10 spaces. There is one vehicular access point off of Princess Anne Road. While the site is bordered by wooded area to the west, north, and east, vegetation on the site consists of a few mature evergreens along the west lot line, and minor foundation landscaping along the front faCade. No alterations to the exterior of the building are proposed. The applicant proposes altering the originally approved plan to call for only the minimum required area to be paved with permeable pavers to allow ADA compliant access as well as only the minimum landscaping requirements to be met. A preliminary site plan showing the proposed minimum requirements is included in this report. Yoga classes and yoga therapy will be offered three times a day Monday through Friday, one in the morning, afternoon, and evening. During the weekends, classes would be limited to the morning hours only. Each class would be 75-90 minutes long, and up to ten people will attend. Yoga classes will take place on the second floor. The Specialty Shop for the sale of stand-up paddle boards will be on the first floor. During the summer, the Specialty Shop will be open six to seven days a week between the hours of 11:00 am and 6:00 pm. During the winter, hours of operation will be limited to Thursday through Sunday, between the hours of 12:00 noon to 6:00 pm, and by appointment. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office Use, Vacant Building SURROUNDING North: . Single Family / R-20 Residential District LAND USE AND South: . Princess Anne Road ZONING: . Retail / B-2 Community Business District • Single-family dwellings/ AG-2 Agriculture District East: . City Owned Vacant Property/ B-2 Community Business District West: . City Owned Vacant Property / R-20 Residential District NATURAL RESOURCE AND The site is located entirely in flood zone AE. There are no known CULTURAL FEATURES: cultural features on this site. 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 respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2.). The conditional rezoning requested is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area. However, it is recommended that a landscape package be incorporated to enhance the aesthetic appearance of the site and that the parking be located to the side and rear of the site to improve appearance and lot function. In addition, given the site location within a floodplain, any proposed site JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda ltems 12 & 13 Page 2 improvements which vary from the previously approved floodplain variance should be designed to mitigate any impacts to net floodplain storage. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This segment of Princess Anne Road is a two lane suburban minor arterial. There is an ongoing CIP project, #2.107.000 Seaboard Road, to widen Seaboard Road from Princess Anne Road to an intersection with Nimmo Parkway, which is under construction as CIP Project 2.121.000 Nimmo Parkway Phase V-A (VDOT). The end result of these two projects, which are both scheduled for completion in the summer of 2014, will be a bypass of this segment of Princess Anne Road and a significant drop-off in volumes on Princess Anne Road due to the diversion of most through traffic to Nimmo Parkway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 22,000 ADT 15,000 ADT Existing Land Use - Road (Level of Service "D") - 22 ADT 16,200 ADT' Proposed Land Use 3- Level of Service "E" 92 ADT Average Daily Trips Zas defined by Office Use 3as defined b S ecialt Retail Center WATER: This site currently connects to City water. The existing 5/8-inch meters (City ID #95061075) can be used or upgraded to accommodate the proposed development. There is an existing 16-inch City water main on Princess Anne Road. SEWER: There is an existing 8-inch City vacuum sanitary sewer main on Princess Anne Road. The site currently connects to city sanitary sewer. Analysis of Pump Station #627 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION The applicants would like to teach yoga classes and yoga therapy as well as run a Specialty Shop for the sale of stand-up paddle boards within the existing structure on a property currently zoned Conditional 0-1 Office. To allow these uses on site, Staff recommended the applicants to apply for a Conditional Rezoning of the property to B-1 Business to allow the yoga studio by-right as well as a Conditional Use JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda ltems 12 & 13 Page 3 Permit to allow the Specialty Shop The subject property is 1/3 of an acre in size and is located entirely in Flood Zone AE. The sole vehicular access point is less than 200 feet west of the intersection of Seaboard Road and Princess Anne, which may make exiting the property to head east on Princess Anne difficult. For these reasons, Staff recommended the Conditional Rezoning to B-1 Business District as opposed to the surrounding B-2 Business District. The B-1 Business District does not permit the use of Retail Establishments or Drive- Through Eating Establishments by-right. These two uses are allowed by-right in the B-2 Business District. Given the size, location, and access of the site, uses permitted under B-1 are more appropriate. In 2007, City Council approved a Floodplain Variance to Section 5B of the Site Plan Ordinance. At that time, Staff recommended the installation of pavers, and waiving the requirement for curb, gutter, and concrete or asphalt parking lot surface to reduce the impervious area by over ten (10) percent and therefor mitigate impacts on the floodplain. Due to a lack of tenants and resources, the applicant has been unable to make the recommended improvements. Staff has revisited the site and with the approval of the City Building Official, is in support of reducing the scope of the permeably paved area to approximately 514 square feet to allow ADA compliant access to the building. The remainder of the parking lot will remain as is. For these reasons and due to the projects consistency with the Comprehensive Plan, Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan, Mr. Troy Scoggin- Rezoning of 2310 Princess Anne Road", prepared by Blakeway Corporation, which has been exhibite to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning DepartmenY') PROFFER 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant city agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated December 13, 2013. JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 4 CONDITIONS 1. All signage shall be approved by the City Zoning Administrator. 2. All landscaping shall meet the minimum requirements as defined by the City Landscape Ordinance. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Department of P/anning / Permits and /nspections Division, and the issuance of a Cerfiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda items 12 & 13 Page 5 4 M?} "? ??? A tltt ?i ` IN ? ' ;. ?1? ? . •, 1 9rpY1?_?;i _ ., ? , x? y I n. < 7/ ? ?. , ?l, (=/r + `s ?a: '?? ? > ? ?+ .,? 1 ?; ? a?. `.$ yyt; • . . ? ?'? .i??Q.'O. , ' / yo, • ._i a ?? . S? ? _ _.??Tl? '4 ? . ? ,.y'?, ? _ • ?? ?? . ``' k- ? °4 . i. y 4 ??? .. .. at qiv.. w d6 ? • ` ..:?4 ? ? __? 3 V * ? ? r ' '; ??-? ?..? AERIAL OF SITE LOCATION ? JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 6 ? '-0 S. ? 4 6 :?y+5 K }? t WAR-*?? .? .?, . ,.\.,. . , _ Rf.. .. ? ? . . ? ,. ? I STREET VIEW OF THE SITE JENNIFER FE CHRI; OWICZ & ROTHER s12&13 Page 7 ?-?j,{ yt = ? ? r = o h? .? "_.'._... .'...? wY'Y3frm°v1 L t v na e . ? c Ev t ? ` ` ` _; .. ?• • ? j • ? ? ? ? ' ? ` 1 ?? ? ?t ? . f ,r ! • ? ? ° i? ? f ?i 4 ? `' , ' ' • ' . , `- ? , ` ` ? ? ? ? ? ? ? ? I? . } ' ; -1 - ? N ?- ( .? • ? 1 • t. ?. ? / ? ? W ??f ,' ? ?? •_ ' ' , ; tl f ? ? • ? •? ? ` `• . - ? ? ? •? ?4`' ? ? ,? ' t ? ?? ? ? ? ? s1 • a ? . ? ? ?}? 1.«` 7' . ? .. ? . • ? l ? • ? . , ? . . . ' ? • ' ; ?, .r- - ? ? ; f ? 4 , . :r PROFFERED PRELIMINARY SITE PLAN JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 8 ? _ -- ?- o _.- ___.._._.._.__._,_ o....._,......?.--------•-?--.°•?--.. ._.... ' ? .1 'Itill; ? i Y ,14y .?. i 1r1,t"???1• ' illps ` l1?? i ? • ' ? ? ?_..- _ _ - ? ' . 1 • ; ?' r,.• ; 1?.',?' ' ??, ?} , ?,• ? ? • , • . 1 y ? • ` ..•? • . ..._ ..._.. . . ,?.`f t???• r? . ?- ,, ? • `,? 't , j + • ? r -. i i 4t _ O 3 r, 4 4 V 3 R Z t ? ? ? . ? N _ ? ' • 4 _ '1,?' { " . • , ? ??? • % ? • ??tr;? ? ?, . T ORIGINAL PRELIMINARY SITE PLAN APPROVED IN 2007 JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 9 Prepared by: Jaiues W. I.em, Esq, Slate BAr No. 41028 COUR'THOUSE LAW GROE1P 2521 Norlh l.ending RQed Suik 200 Yirgljila I3eGCh, Yirginia 23456 1?ECLARA'IION OF PROFFE}tED C+CyVFNANTS CtFSTRiCTIC}U,fi ATJU CMllITIONs THIS llFCL,AKATTON OF PROFFFRED CqVENANTS, RESTRICTl4N5 AND CDh1DJTTO1*iS, made this 1?) day of Decembcr, 2413, by and betWGCiI TROY sZC'vUGIN, partY of tbc first piul, Grrantoa; aetd THE CITY QF V1RGII+J1A BP.A?',I-f,, a rnunicipal corpa•atian of the Cnmtnonwetiltii of Virginia, pariy of dic secnnd parl, Grantee. WITNES'SEFIi; VJHEREAS, the party of tlie firsi paiY is the nwner of tliat certain parce) of land whioh is hcrcinafler referred to as the "Propcrty" located in tiie Princess Aruie District ofthe City of Virginia Bcach, Vicginia, conuiianly reFesred ip as 2310 Princess Aiwe Road, the sanie beitig more pariicularly describad itt Exhibi# "A" aitaclicd hereto flnd incotporated herei« by this rEferettoc; antl WHERg.t1S, the party of fhe first part as owncr of the Properiy has initiated a conditional ameridmrnt to the ?roning Map of the City of Virginia Bcach, by petition addressed ta the Grantee so as to cliesige thc: Zorxing Classiftcatian of the Propezly frflin Conditional Q-( 0ffice Uistxict to Conditional $-] Neighborhood Busincss Drsiricl; and WHEREAS, the Grantec's pnlicy is to piovide only for the orderly developme3ri ofJarid far YACIOUS Qlli'pdSeS tIll'DLIgIt wDIDg fl[ld OY11C1' Ia11d dCVCI0pt11Gllt I@gISIflUOp; a;1(] crrN # 2404 53 1549 0000 PROFFERS (PAGE 1/5) JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda ltems 12 & 13 Page 10 WHFRE.AS, the Grantor acknowle+dges that competing and sometimes incampatihle uses conflicl and thaf in order to permit differing uses on and in the area of the Property and at the sarne tinie to recognize the effects of change, and the need for variaus t}pcs nf uses, certain reasonable condition.s goveming the use of the Property for ihe protection of the cammunity that arc not generally applicahle to Iand similarly aoned sm nexscied to cope with the situation to ?vhich the Grantar's proposcd modification of conditions to the zoning gives risc; €n. d 11'HI;REAS, the Grantor ha.s vnluntarily proflrered} in writing, in advance of and prior to the public hearing before the Grantcc, as part af the prnposed amendment to the Zoning Map of the City of Virginia T3each, Virginia ("7..oning Map") with respect to the Property, the fotlowing masonable conditions related to the physical development, operation, and use of'the Property tn be adopted as a parrt of said arnendment to the Lonit?g h9ap relative and applicable #o the propcrty, which has a reasc>nable tetation to the proposed rezoning and the need fur which is generated by the proposed ?rzaning. Nt)W, 7'FiEREFORE, the Grantor, his successors, personal repcesentatives, assigns, grantecs, and other successors in title or interest, voluntarily and without any requirement bp or exaction from the Grantee or its gaverning bady and without any element vf cornpulsion or "= guo for zoning, mzoning, site pian, building permit, or subdivisian approval, hereby makes the following declaration of conditions and restrietions which shall restrict anci 6ovem the physieal developmeni, operation, and use Qf the Praperty bnd hcreby covenants and agrees that this declaration shall constitute c-tivena«ts running with the Properiy, which shall be binding upon the Property, and upon all pariies and persons claiming undcr ar througli the Grantc,r, his succ+essors_ perstmal representa#ives, assigns, gtantees, and ather successais in interest or liUe: PROFFERS (PAGE 2/5) JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda ltems 12 & 13 Page 11 1. Thc Properiy shall be developR;d substantially $s shown on the exhibit entitled "Preliminary Sitc Plan, Mr. Troy Scoggin- Rezcaning of 2310 Prince-ss Anne Road", prcpared by Blakeway Corporation, wfiich has ber:n exhibited ta the Virginia Beach City Council ("City CQUncil) and is on file %%rith the Virginia Beach Department of Planning ("Pltuining Department"). 2. Further conditions niay be required by the Grantee during detAiled Site 1'lan review and administration of applieable City Codes by ali cognizant C:ity agencies and departme.nts to meet a11 applicable City Codc requiremcrrts. The Grantor furthrr covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia„ shall be vested with all necessary authariry, nn bchaff of the governing t,ody of the City Of Virginia Beach, Virginia. to adminis2er and enforce the foregoing conditions aiid restriciions, including the aiuhority (a) tfl order, in writing, thai any noncompliAnce tivith such cunditions be remociied; and (b) to bring legal action ar suat t<) insurc compliance with such cnnditions, including m:?ndatory or prohibitory injuncticm, Hhatrmcnt, damagcs, or aihcr appropriair action, suit, ar pmcecding; (2) The #'ailt3re t4 meet all conditions and restrietions shall constitute cause to deny the issuance ofany nf the requirt;d buildinL or occupaney pemiits as may be appi-opriate; (3) If aggrieved by anv dctision of the 'l.onin}; Administrator, made pursuant to chese pra<<isians, the Grantor shall petition the governing tody for the review ihcreof prior tu institutiug proceedings in cour2; and (4) The Zuning Map may show by an appropriate symbol on the mAp the txistence of conditions attaching to the zoning of the Propcny, and the ordinanees and the conditiUns maybe made readily available and accessible for publie inspection in the of(icc af the Gatung Administrator and PROFFERS (PAGE 3/5) JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda items 12 & 13 Page 12 ir? the Planning Department, and they shall bc recorded in the Cierk's Oftice of the Circuit C:aurt af the City of Virginia Beaeh, Virginia, and indexed in tiie namcs pf the Grantar anrl the Grantee. (5) This property shall noi bc used as a eonvenience store, outdoor cafc, grocery store, financial institutinn, liqucir s?-lore, ar dining or eating establis}unent. The atove ronditions, having been prof#ered by the Grantor and alf pwed and acceptecl by the Grantee as part of #he anaendmeiit to the "Loning C)rdinance, shall continuc in full f'arce and effect unti 1 a subsequent nmendment changes t}te zoning ofthe Property and specifically repeals such conditians. Such conditions shall wntinuc despite a subsi;quent amenciment to the 7aning nrdinance eveu if the subsequent amendrnent is part nf a compreliensive imptementAtion of a new or substanrially revised Znning Ordinancc until spccificaJly repeAied. The wnditioias, however, may lx repealed, arnended, or varied by wri#ten rnstrument recorded in the Clerk's Otfice of the Circ:uii Court of thc City of V irginia F3cach, Virginia, and execuied by the rccc?rd mkrner of the Property at the time of recordation of such instrurnent, provided that said instrurnent is cousented to by the Grantee in writing as cvidenccd by a certified copy of aii ordinxncc or a resalution adoPted by the goverrung body af the Grantee, aftcr a public hearing beforG ihe Grantee which "us udvertised pursuant to thc provisions of Section I 5.2-2204 of the Code of Virginia, 1950, as timendcd_ Said ordinance or rrsolution sliall be recarded along unth said instrumcat as conclusive evidenCe or such consent, and if not so recorcled, sriid instrumeni shall k?e vQid, {SICiNATtJRf, LINE ON FOLL.OWiNG PAGE.] PROFFERS (PAGE 4/5) JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda ltems 12 & 13 Page 13 WI"INESS the faUowing signatac•e and scal_ (SEAL) COMMONWEAI.TH QF V[RGPN1A C1TY {_)F VIRGINIA IIEACH, la-mit: The foregoing Declaration of Proffcred CovenAnts, Rrsteictions and Conditions was acknowiedged before me this 13'll tiaiy of December, 2013, by Trn}+ Scoggin, Grantur. ',,,,, ?v?ye i f.•?,,, ? *? L '-_. ... .._.._ i 1 f•?• ' a -+ ?' ..iVot? i ?}ut?lirr Mr Iviy cummission expires: . • . ... Nntary Registration No. - ?-.?-_•.; .?.. ..: .. .,':. ;};,: •. , 4 PROFFERS (PAGE 5/5) JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 14 ZONING HISTORY # DATE REQUEST ACTION 1 08/10/99 Floodplain Regulation Variance Zonin Chan e AG-2 & B-2 to B-2 Denied Denied 2 01/23/89 Street Closure Withdrawn 3 08/10/99 Subdivision Variance Zonin Chan e AG-1, AG-2, & R-20 to Conditional R-10 Granted Granted 4 01/23/89 Zonin Chan e AG-2 to B-2 Denied 5 04/25/00 Conditional Use Permit ex ansion of existin borrow it Granted JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 15 ? 1= DISCLOSURE STATEMEIVT %nowo P-mod ? ? ? ? ? ? ? ? 1??1 A ? ? ? ? O ? O ? ? ?y ? A 0 ? APPLICANT DISCLOSURE If the applicant is a corporation, parMership, firm, business, or other unincorporated organization, t;ompiete the following: 1. List the applicant name followed by the names of all officers, members, trustees, paMers, etc. below: (Aftach list if necessary) Shine Yoga Virginia Beach, Inc. Jennifer Fedorowicz 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Na ? Chedc 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 differ+ent fmm applicant. If the property owner is e 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) Troy Scoggin 2. List all businesses that have a parent subsidiary' or afflliated business entityZ relationship with the applicant: (Attach list if necessary) N Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an offiaal or employee of the City of vrginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the offiaal or employee and the nature of their interest? Nbdlfication of CordtGons Applicadon Page8M9 Revised 7/'12013 CONDITIONAL REZONING DISCLOSURE STATEMENT JENNIFER FEDOR4WICZ & CHRISTIE ROTHER Agenda ltems 12 & 13 Page 16 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 ardiitectural senrices, neal estate services, financial services, acxounting services, and legal services: (Attach list if necessary) Gec?.s? ?oct?? ?'GtdWe-boarc%s - e16ri:She RbAe.,- 1 'PareM-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 Irrterests Ad, Va. Code § 2.2-3101. Z°Afriliated business eMity relationship" means °a relationship, other than parent- subsidiary relationship, that exists when @ one business eMity has a controlling ownership iMerest in the other business eMity, (i) a corrtrolling owner in one eMity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Fadors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substaMialy the same person own or manage the two entities; there are common or commingled funds or assets; the business errtities share the use of the same offices or employees or athervvise share ad'nrtties, resources or personnel on a regular basis; orthere is otherwise a Gose working relationship between the errtities.' See State and Local Govemment Conflict of Irrterests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the informaartiion contained herein is true and aoarrate. I understand that, upon receipt oi 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 instrudioris in this package. The undersigned also consents to entry upon the subject property by employees of the Departmerrt of Planning to photograph and view the sfte for purposes of processirg and evaluating this application. Jennifer Fedorowicz Print Name Troy Scoggin than applicant) Print Name Modiflcatan of Conditions Applicadon Page 9 ot 9 oe.Aed+ 71+ nnVv ? ? ? ? Q 110=01 A ? 0 ? ? O ? ? ? ? ? ? ?y A ? ? CONDITIONAL REZONING DISCLOSURE STATEMENT JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 17 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all offcers, members, trustees, partners, etc. below: (Attach list if necessary) c,hVl ?i e. ?rtl'?he ?r 2. List all businesses that have a pare nt-su bsid iaryl or affiliated business entitY2 relationship with the applicant: (Attach list if necessary) Ecksk C 7kAb ehcw- ds , tJrC? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this secfion only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Tro? Sc.o?q? ?? 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes ? 0 ? ? ? M??1 ? Qi ? ? ? CJ'? ? ? O ? 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? ? O CondiGonal Use Pertnit Applicatlon ? Page 9 0( 70 Revised 7/112013 CONDITIONAL USE PERMIT DISLCOSURE STATEMENT JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 18 ? ? 1??1 ? ? ? ? ? ? ? F?y ? ? ? ? ? ? O ? A ? O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wiii provide services with respect to the requested property use, including but not limited to the providers of architectural services, reai estate services, financial services, accounting services, and legal services: (Attach list if necessary) ?6 rie '"Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2"AfFiliated business enYity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a conVolling 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 inGude 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 activi6es, resources or personnel on a regular basis; or there is othervvise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certrfy that the information contained herein is uue and accurate. I understand that, upon receipt af not'fiication (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 insVuctions 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. , Applicant's 'gnature Print Name S?eo7 ?. .??l?,J Prope Ow r's Si ure (if differ than applicant) Print Na e Conditional Use Pertnit Application Page 10 ot 10 Revised 7/1/2013 CONDITIONAL USE PERMIT DISCLOSURE STATEMENT JENNIFER FEDOROWICZ & CHRISTIE ROTHER Agenda Items 12 & 13 Page 19 Item 12 & 13 Jennifer Fedorowicz & Christie Rother (12) Conditional Change of Zoning (13) Conditional Use Permit 2310 Princess Anne Road District 7 Princess Anne January 8, 2014 CONSENT An application of Jennifer Fedorowicz & Christie Rother for a(12) Conditional Change of Zoning from Conditional 0-1 to Conditional B-1, and an application of Jennifer Fedorowicz & Christie Rother for a(13) Conditional Use Permit (Specialty Shop) on property located at 2310 Princess Anne Road, District 7, Princess Anne. GPIN: 24045315490000. PROFFERS PROFFER 1: The property shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan, Mr. Troy Scoggin- Rezoning of 2310 Princess Anne Road", prepared by Blakeway Corporation, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department") PROFFER 2: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant city agencies and departments to meet all applicable City Code requirements. A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item 12 & 13. AYE 10 NAY 0 ABS 0 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE Item 12 & 13 Jennifer Fedorowicz & Christie Rother Page 2 A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. The application Jennifer Fedorowicz appeared before the Commission. G1N??' nEq ?'? V' _' 0; OUR NP1\O? In Reply Refer To Our File No. DF-8865 TO: Mark D. Stiles FROM: B. Kay Wilsonii? CITY OF VIRGINIA BEACH INTLR-OFFICE CORRESPONDENCL DATE: January 31, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Troy Scoggin The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 11, 2014. I have reviewed the subject proffer agreement, dated December 13, 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. B KW/ka Enclosure cc: Kathleen Hassen Prepared by: )ames W. Laui, Esq. State Bac No. 41028 COURTHOUSE LAW GROUP 2521 North Latiding Road Suite 200 Virginia Bench, Vu•guiia 23456 DECLARATYON OF PROFrERED COVENANTS, RESTRICTIONS AND CONDITTONS THIS DECLARATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS, made this 1?) day of December, 2013, by and between TROY SCOGGIN, party of the first part, Grantor; and THE C1TY OF VIRGINIA BEACH, amunicipal corpaca#ioii of the Conunonwealth of Virginia, party of the second pail, Grantee. WITNESSETH: WHEREAS, the party of the first pail is the owiier of that certain parcel of land which is tiereinafter referred to as the "Property" located in the Princess Aniie Dish•ict of the City of Virginia Beach, Vii'g1111a, conuxiosily x•eferA•ed to as 2310 Princess Aiu1e Road, the same being ii2ore particularly described in Exhibit "A" attadied hereto and uicoiporated herein by this reference; and WHEREAS, the party of the first part as owner of the Property lias initiated a conditional ameiidment to the Zoning Map of the City of Virginia Beach, by petitian addressed to the Grantee so as to chatige tlie Zoiung Classification of the Propez•ty froni Conditional 0-1 Office District to Conditional B-i Neighbar(iood Business Drsfrict; and WHEItEAS, ilie Grantee's policy is to provide only for the arderly developmetrt of Iand for various purposes tltroug}i zoning and other land deveiopment legislation; and GP1N # 2404 53 1549 0000 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the property, which has a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE, the Grantor, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or auid ?ro cuo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all parties and persons claiming under or through the Grantor, his successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. The Property shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan, Mr. Troy Scoggin- Rezoning of 2310 Princess Anne Road", prepared by Blakeway Corporation, which has been exhibited to the Virginia Beach City Council ("City Council) and is on file with the Virginia Beach Department of Planning ("Planning Department") 2. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The Grantor further covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and 3 in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. (5) This property shall not be used as a convenience store, outdoor cafe, grocery store, financial institution, liquor store, or dining or eating establishment. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. [SIGNATURE LINE ON FOLLOWING PAGE] 4 WITNESS the following signature and seal: (SEAL) COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Declaration of Proffered Covenants, Restrictions and Conditions was acknowledged before me this t3? day of December, 2013, by Troy Scoggin, Grantor. °t ??? ?! •? tT ? I 1-Q-`? `-' u?•" ,;: ???v? `r?'(r? ;? ? ; ?`? Notary Public PviY ?'?'`''?S1°'? ° t My commission expires: CO Notary Registration No. ?271a? .• '?, n4 •'.? ? t, `•J`, /:L?1 :Area's7wn+•wy' \' ,y`1 5 Ref: Declaration of Proffered Covenants, Restrictions and Conditions Troy Scoggin, Grantor December, 2013 "EXHIBIT A" ALL THAT certain piece or paxcel of land, with the improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, known, numbered and designated as Parcel "B" as shown on that certain plat entitled, "PLAT SHOWING EXCHANGE OF LAND BETWEEN TIDEWATER LODGE 7730 & RUTH LODGE 92 AND GENEVA WILLS, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 25, 1992, and made by Palmer L. Smith, C.L.S., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 939, at page 238. LESS SAVE AND EXCEPT the portion of the foregoing property conveyed to the City of Virginia Beach, Virginia, by Certificate No. 1113, dated July 13, 1990, recorded in the aforesaid Clerk's Office in Deed Book 2932, at page 1102, and Order entered pursuant thereto on June l, 1992, recorded in Deed Book 3093, at page 497. The excepted property is shown as the cross hatched area on that certain plat entitled "Plat Showing Property Conveyed to the City of Virginia Beach from Masonic Lodge" recorded in Map Book 205, Page 2. 6 ?UBqC (ror4 ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 401 of the City Zoning Ordinance, Pertaining to Farm Stands in Agricultural Districts. MEETING DATE: February 11, 2014 ¦ Background: The proposed amendments to Section 401 of the City Zoning Ordinance have been prepared in response to requested changes to Farm Stand regulations for the purpose of providing increased opportunities for the sale of goods and for agriculturally-related educational activities. ¦ Considerations: The amendments propose the following changes to Section 401 of the Zoning Ordinance: 1. Farm Stands in excess of 2,500 square feet in area, exclusive of rest rooms and hand-washing facilities, are allowed as a conditional use in the AG-1 and AG-2 Agricultural Districts. Such Farm Stands are subject to the same provisions, other than area limitations, as smaller Farm Stands allowed as accessory uses under subsection (b)(1). 2. Although the current ordinance allows a Farm Stand to have 2500 square feet, only 1000 square feet can be used for retail sales and display. The proposed amendment to subsection (b)(1) allows retail sales and display areas within the entire 2500 square foot space. Rest rooms and hand-washing facilities do not count toward the 2500 square foot maximum. 3. The amendments to subsection (b)(1)(v) allow additional items to be sold at Farm Stands. Those items include: (1) T-shirts displaying exclusively the name of the Farm Stand or other identifying information concerning the owner or operator of the Farm Stand; (2) bottled water; (3) locally-produced eggs, and (4) locally- produced milk and other dairy products. The amendments also require that baked goods be locally produced and change the prohibition against selling repackaged goods to one prohibiting the sale of relabeled goods. 4. The amendments allow agriculturally-related educational activities as permitted uses in Agricultural Districts, subject to the same limitations as agriculturally- related amusement and recreational activities such as farm tours, petting zoos, etc. The proposed amendments have been reviewed and endorsed by the Agricultural Advisory Commission. City of Virginia Beach - Farm Stands in AG Districts Page 2 of 2 There was no opposition to the proposed amendments. ¦ 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 the proposed amendments to the City Council. ¦ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: ? Planning Department . ?l D4 January 8, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE / FARM STANDS IN AG DISTRICTS REQUEST: An Ordinance to Amend Section 401 of the City Zoning Ordinance, Pertaining to Farm Stands in Agricultural Districts. SUMMARY OF AMENDMENT The amendments propose the following changes to Section 401 of the Zoning Ordinance: 1. Farm Stands in excess of 2,500 square feet in area, exclusive of rest rooms and hand-washing facilities, are allowed as a conditional use in the AG-1 and AG-2 Agricultural Districts. Such Farm Stands are subject to the same provisions, other than area limitations, as smaller Farm Stands allowed as accessory uses under subsection (b)(1). 2. Although the current ordinance allows a Farm Stand to have 2500 square feet, only 1000 square feet can be used for retail sales and display. The proposed amendment to subsection (b)(1) allows retail sales and display areas within the entire 2500 square foot space. Rest rooms and hand-washing facilities do not count toward the 2500 square foot maximum. The amendments to subsection (b)(5) allow additional items to be sold at Farm Stands. Those items include: (1) T-shirts displaying exclusively the name of the Farm Stand or other identifying information concerning the owner or operator of the Farm Stand; (2) bottled water; (3) locally- produced eggs, and (4) local ly-prod uced milk and other dairy products. The amendments also require that baked goods be locally produced and change the prohibition against selling repackaged goods to one prohibiting the sale of relabeled goods. 4. The amendments allow agriculturally-related educational activities as permitted uses in Agricultural Districts, subject to the same limitations as agriculturally-related amusement and recreational activities such as farm tours, petting zoos, etc. RECOMMENDATION The proposed amendments respond to requested changes to Farm Stand regulations for the purpose of providing increased opportunities, and have been reviewed and endorsed by the Agricultural Advisory Commission. Staff, therefore, recommends approval of the amendments. CITY OF VIRGINIA BEACH / Farm Stands in AG Districts Agenda Item D4 Page 1 Item #D4 City of Virginia Beach An Ordinance to Amend Section 401 of the City Zoning Ordinance Pertaining To Farm Stands in Agricultural Districts January 8, 2014 CONSENT A motion was made by leff Hodgson and seconded by Chris Felton to approved item D4. AYE 10 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item D4 by consent. Karen Lasley appeared before the Commission on this item. 1 AN ORDINANCE TO AMEND SECTION 401 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 FARM STANDS IN AGRICULTURAL DISTRICTS 4 5 Section Amended: City Zoning Ordinance Section 401 6 7 WHEREAS, the public necessity, convenience, general welfare, and good zoning 8 practice so require; 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 401 of the City Zoning Ordinance, pertaining to farm stands in 12 Agricultural Districts, is hereby amended, to read as follows: 13 Sec. 401. Use regulations. 14 (a) Principal and conditional uses. The following chart lists those uses 15 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 16 the respective agricultural districts shall be permitted as either principal uses indicated 17 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an 18 "X" shall be prohibited in the respective districts. No uses or structures other than as 19 specified shall be permitted. 20 21 Use AG-1 AG-2 22 .... 23 Farm stands in excess of 2,500 24 square feet in area, exclusive 25 of rest rooms and hand-washinq 26 facilities, subject to the provisions 27 of Sections 401(b)(1)(ii) throuqh 28 401(b)(1)(v) C C 29 30 .... 31 COMMENT 32 The amendments add farm stands in excess of 2,500 square feet in area, exclusive of rest 33 rooms and hand-washing facilities, as a conditional use in the AG-1 and AG-2 Agricultural 34 Districts. Such farm stands are subject to the same provisions, other than area limitations, as 35 smaller farm stands allowed as accessory uses under subsection (b)(1). 36 (b) Accessory uses and structures. Uses and structures which are customarily 37 accessory and clearly incidental and subordinate to principal uses and structures, 38 including but not limited to: 39 (1) In connection with agricultural uses, no more than one (1) roadside 40 farm stand for the sale of agricultural products and related items as 41 set forth below, provided that: 42 (i) No such stand shall , 43 , have a 44 total floor area in excess of two thousand, five hundred 45 (2,500) square feet excluding rest rooms and hand washinq 46 facilities, or be greater than ten (10) feet in height as 47 measured from ground level to eaves; 48 (ii) No stand shall be erected within fifty (50) feet of the property 49 line fronting on any street; 50 (iii) The operator of the stand must be the owner or operator of 51 the agricultural property on which the stand is located; 52 (iv) A substantial portion of the items sold from the stand shall 53 have been grown, made or produced locally; 54 (v) Items sold shall be limited to farm produce, locally-harvested 55 seafood, ornamental plants, flowers, hanging baskets, hand- 56 crafted items, T-shirts displavinq exclusively the name of the 57 farm stand or other identifyinq information concerninq the 58 owner or operator of the farm stand, vegetable plants, herbs, 59 honey, maple syrup, jams, jellies, bottled water, locally- 60 produced juices and cider, locally-produced milk and other 61 dairv products, relishes, pottery, locallv-produced baked 62 goods, locally-produced eqgs, and similar items. Items 63 which shall not be sold include, without limitation, tobacco 64 products, alcoholic beverages, clothing, except as expressly 65 allowed, bottled or canned beverages, except as expressly 66 allowed, pet and animal feedl and FepaGkaged relabeled 67 goods. 68 .... 69 COMMENT 70 The amendment to subdivision (b)(1) allows retail sales and display areas at farm stands 71 that are permitted as accessory uses to occupy a greater area than the current ordinance, which 2 72 limits such areas to 1,000 square feet, so long as the total area of the farm stand, other than that of 73 rest rooms and hand-washing facilities, does not exceed 2,500 square feet. 74 The amendments to subdivision (b)(5) allow additional items to be sold at farm stands. 75 Those items include: (1) T-shirts displaying exclusively the name of the farm stand or other 76 identifying information concerning the owner or operator of the farm stand; (2) bottled water; (3) 77 locally-produced eggs, and (4) locally-produced milk and other dairy products. The amendments 78 also require that baked goods be locally produced and change the prohibition against selling 79 repackaged goods to one prohibiting the sale of relabeled goods. 80 (c) Agricu ltu rally-related educational activities and recreational and 81 amusement activities such as farm tours, petting, feeding and viewing of farm animals, 82 hayrides, crop mazes, animal walks, horse and pony rides, and similar activities shall be 83 allowed under the following conditions: 84 (1) Such activities shall be subordinate to, and conducted in 85 conjunction with, an ongoing bona fide agricultural or silvicultural 86 operation; 87 (2) Vehicular parking shall not be allowed on public streets, or within 88 one hundred (100) feet of any residence, except a residence 89 located on the site of the activity; 90 (3) Such activities shall be conducted only befinreen the hours of 8-:A9 91 7:00 a.m. and sunset; and 92 (4) Signs shall be nonilluminated and limited to one sign not exceeding 93 sixteen (16) square feet in area. 94 In the event any provision of this subsection conflicts or is otherwise inconsistent 95 with any other provision of this ordinance, the provisions of this subsection shall control; 96 provided, however, that no use otherwise permitted hereunder which constitutes, or 97 requires the excavation of, a borrow pit, as defined in section 111, shall be allowed 98 except by conditional use permit. 99 (d) Special restrictions in Accident Potential Zone 1(APZ-1). No use or 100 structure shall be permitted on any property located within Accident Potential Zone 1 101 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2("Air 102 Installations Compatible Use Zones Land Use Compatibility in Accident Potential 103 Zones") of section 1804; provided, however, that any use or structure not designated as 104 compatible shall be permitted as a replacement of the same use or structure if the 105 replacement use or structure is of equal or lesser density or intensity than the original 106 use or structure. 107 3 108 COMMENT 109 The amendments allow agriculturally-related educational activities as permitted uses in 110 Agricultural Districts, subject to the same limitations as agriculturally-related amusement and 111 recreational activities such as farm tours, petting zoos, etc. 112 Adopted by the City Council of the City of Virginia Beach on the day of , 2014. APPROVED AS TO CONTENT: )?W - Plannin Department APPROVED AS TO LEGAL SUFFICIENCY: ' ?. City A torney's Office CA-12801 R-4 December 20, 2013 4 M. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE N. IJNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ***?*********************??** 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 CITYHOLIDAYS MerrtUr•iul Day - .'l7orirlat', l??riy 26 Intleperrrlertc-e I)tt)' - Frithq, Jccly 4 Lnbor Dq?v - Mortrluy, Septefnher 1 Vetef•uns Dcrj, - Tttescltry, Novetazber 11 7fzanksgivingDri1, rrrrrl Drc}, t{fter T/irtnks;ivir?9- T/tiirsrlccl,, Novenzber 27 aticC FriclaY, A'ovember- 28 Clirisfmfis Eve (lalf-dtrj) - Werhresdriy, Deeettaber 24 Cht•istinas Dati' - 7fiur•sclaY, IlecenzGer 25