The URL can be used to link to this page

Home My WebLink AboutMARCH 11, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SLSSOMS, JR., At Large VICE MAYON LOUIS R. JONE'S, Bayside - District d ROBGRT M. DYER, Centerville - District 1 HARBARA M. HENLEY, Princess Anne - Distrrct 7 SHANNON DS KAA'F., Rose Hall - District 3 BItAD MARTIN, Pl'., At Large JOHN D.MOSS, At l.arge AMIsI IA 1ZOSS-HA,L/MOND, Kempsville - Dfslrict 2 JOHNli UH1UN, 6'each-DFslrict 6 ROSb'MARY W[LSON, At Large JAM{;'ti L. WOOD, Lynnhaven -Distric! S CITY COUNCIL APPOINTEES C!%'Y MANAGER - ./AMES K. SPOXE Cll'YATTORNF.Y- MARKD.STILES Cl'1YASSESSOR - JF.RALDD. BANAGAN C17'Y AUllITOR - I.YNDON S. REMIAS CITY CLERK - RU"!'H HODGES FRASf;R, MMC CITY COUNCIL AGENDA 11 March 2014 CITYHALL BU/LDING 2401 COURTHOUSE DRIVE' VIRGIN/A BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 1. CITY COUNCIL BRIEFING - Conference Room - 4:00 PM A. VOTER REGISTRATION - Participation and Safeguarding Voter Records Audit Results Lyndon Remias, City Auditor Donna Patterson, Voter Registrar II. CITY MANAGER'S BRIEFING A. STRIVING FOR EXCELLENCE REPORT James Spore, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 5:00 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever, D.D. Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 1NFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. AMERICAN RED CROSS MONTH - Southeastern Chapter Becky Plate, Major Gifts Associate 1. PUBLIC HEARINGS l. EXCESS CITY-OWNED PROPERTY a. 606 Goldsboro Avenue b. Rosemont Road and Buckner Boulevard J. ORDINANCES/RESOLUTIONS FEBRUARY 25, 2014 1. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. 1. Sale at 606 Goldsboro Avenue to Ronald G. and Tarah D. Kiser re subdividing existing parcel 2. Temporary Encroachment re bulkhead, rip rap, docks, aluminum ramps, pier and boat lift. b. Sale at Rosemont Road and Buckner Boulevard to Rosemont Crossing Limited Partnership re workforce housing 2. Resolution of the City to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, Series 2014A, not to exceed Ninety-Six Million Dollars ($96,000,000) re Charter Bond authorizations 3. Ordinance to AUTHORIZE Modification of the Comprehensive Agreement with 25tj' Street Associates, LLC re parking garage DISTRICT 6 - BEACH 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. 5 to the multi- year Agreement to EXTEND the Encroachment Partnering Agreement through March 31, 2019, re encroachment of NAS Oceana 5. Ordinance/Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement to Vanguard Landing, Inc. re mixed-use facility at 2020 and 2036 Princess Anne Road b. An Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements 6. Ordinance to APPROPRIATE $3,800,000 to the Risk Management Internal Service Fund for FY 2013-14 re compensation claims 7. Ordinance to TRANSFER $439,731 to the FY 2013-14 Schools Operating Budget: a. $315,491 from Operations and Maintenance to Technology b. $120,678 from Instruction to Technology c. $ 3,562 from Administration to Technology K. PLANNING 1. Application of CLASTON LINEBERRY, JR for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO) at 5036 and 5040 Blackwater Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of CROWN CASTLE USA, INC for the relocation of a Non-Conforming Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25, 2014) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: DEFERRAL TO APRIL 8, 2014 3. Application of ERIK HOMES, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code re building regulations at 22nd Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of EBONY PITTMAN for a Conditional Use Permit re Family Child Home Daycare at 2252 Margaret Drive DISTRICT 7 - PRINESS ANNE RECOMMENDATION: APPROVAL 5. Application of AIR STATION GENERAL, L.C. for a Conditional Use Permit re self-storage at 1889 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. Applications of VANGUARD LANDING at Princess Anne Road: a. Conditional Change of Zonin? from AG-1 and AG-2 to Conditional B-lA b. Conditional Use Permits re housing for disabled, commercial kennel, assembly use, indoor/outcloor recreational facilities and horses for hire/boarding DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of the CITY to AMEND the Comprehensive Plan to ADD the Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, AMEND SFA 4, Virginia Aquarium and Owls Creek District, ADD Land Use Guidance for SFA 9 and REVISE the Policy Document DISTRICT 6 - BEACH RECOMMENDATION: L. APPOINTMENTS APPROVAL GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD 1NVESTIGATIVE REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. 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 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS 11lentorecrl Daj% - !?ondJay,Muy 26 Independence Dny - Ft•icfuy, fuly 4 Labcr?- My - Moazday, Septembet• 1 Vetet•rcns I)cy - 7'uesduy, A%ovember ll Thanksg-ivcra?,x Ag and Dckij u ft(-,r Tfaccrtks?giving - Tlaur=sttcy, Novemher 27 a??d Ft•idc?v-, NovemGer 28 Chrrstnstas Eve (ha?f clcy) - ffl'eclnevda?Y, Deceinbet- 24 C'Ixristrnas Dcry= - Thurscday, l)ecetraber 25 CITY COUNCIL BRIEFING - Conference Room - 4:00 PM A. VOTER REGISTRATION - Participation and Safeguarding Voter Records Audit Results Lyndon Remias, City Auditor Donna Patterson, Voter Registrar II. CITY MANAGER'S BRIEFING A. STRIVING FOR EXCELLENCE REPORT James Spore, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever, D.D. Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 1NFORMAL and FORMAL SESSIONS FEBRUARY 25, 2014 G. FORMAL SESSION AGENDA l. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. AMERICAN RED CROSS MONTH - Southeastern Chapter Becky Plate, Major Gifts Associate tfti-lllr ??rfama???n Whereas: Tresident ?F'rankCin q?goseveCt first procCaimedAmerican Wgd Cross 914onth in 9warck, 1943 and, since then, every president Fias cafCed on Americans to support the organization's humanitariart musion; and 'Gi/hereas: The American Recf Cross has 6een fieCping peopCe p>event, prepare for ancC respond to emergencies for more tfian 130 years; and WFiereas: rlhe American gi?f d Cross is ceCe6rating and recognizing the EveryQ'ay .7feroes in our community - those w(io FceCp tFieir neigk6ors 6y giving 6CoocC, voCunteering or making a finrtnciaCcontri6ution,• and Whereas: TTie American q?frCCmss is present in communities across t(e VnitecCStates provuCing disaster reC'ief, (zeaCtFi and safety training, ensuring a sta6Ce 6Caod suppCy for kospitaC patients aruf more, none of which wouCd 6e possi6Ce witFiout the support of Evtryday .7{etnes found in Virginia Beack, 7f'ampton Roacfs, Southeastern `virginia, ancCacross the worCd,• and Wheseus: On average, the American 9Z,ed Cross must coCCect I5,000 pints of 6Cood every cCay to meet the needs of patients at appro4mateCy 2,700 &ospitaCs and transfusion centers across the country; and Whereas: Whife the American R?d Cross works tireCessCy to 6e tFiere witfi heCp and hope wfien people needit most, witFiout the support of voCunteers and tFie pu6Cc, the -cvorkof the American WpdCross araCt(ze Sout(teastern Virginia ChapterwouC?Lnot 6e possi6Ce; and 44/heseos: lnuring the montFi of Warch, everyorae is encouragerf to uncover theiy inner hero aruC ceCe6rate American 12,ecC Cross 9Konth 6y cfonating 6Cood, Cearning a f'fesaving skiCC, voCunteering, or making a financiaCcConation to aid the efforts of thu humanitarian organization. 9VO(•1; Q'}(rEXET0XE, I, WitCam Sessoms, 91layor of the City of virginia cBeach, Virginia, do kere6y procCaim: W-arch 2014 Amefican W§dCross -Month in the City of Virginia (Beach and'urge aCCcitizens to support the program.r ancCservices of the CocatAmerican W§cfCross organization 6ygiving 6Coocl; tkrougFi voCunteerism, assisting wit(t funcCraising efforts, cfonating to the organization, anrf 6y decoming an Everyrlay9fero. Ia( WI2'J1/ESS 'WNEW0T, I Fiave Fiereunto set my Fiand and caused the SeaC of the City of tiirginia (BeacFi, Virginia, to 6e affz,,ecCFcereto t(zis ECeventh day of JKarcFi, 7wo 2TiousancCand 'WiCC'zam in. Sessoms, Jr. Wayor ?F'ourteen. I. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY a. 606 Goldsboro Avenue b. Rosemont Road and Buckner Boulevard I ( i PUBLIC HEARING SALE OF IXCESS CftY PROPERN The Virginia Beach City Council will hold a PUBUC HEARING on the sale of excess City property, Tuesday. Maroh 11, 2014, at 6:00 P.M., in the Council Chamber of the City Hail Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at the rear of 606 Goldsboro Avenue along Lake Rudee (a portion of GPIN: 2427-01-8252). The purpose of this Hearing will be to obtain public input to determine whether the property should be declared "Excess of the City's needs". If you are physicalty dGsabled or visualy Impaired and need assistance at this meeting, please call the CITY CtFRK'S OFFICE at 757- 385-4303; Hearing Impaired, call 711 (virginla 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 Munidpal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon March 2, 2014 23979729 i in uc? T 'L ) r il SA1 F OF ExGESS GfTY PROPERTY The Virginia Beach City Council will hold a PUBIIC HEARING on the sale of City property, Tuesday, March 11, 2014, at 6:00 P.M., in the Council Chamber of the City Hall Building (Buitding tF1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at the comer of Rosemont Road and Buckner Boulevard (GPIN 1485-65- 6967). The purpose of this Hearing will be to obtain public input to determine whether this properry should be declared in excess of the City's needs and sold to Virginia Beach Community Development Corporation for development of workforce housing (apartments). If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Office of Real Estate, Builtling #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges Fraser, MMC City Cierk VP March 2, 2014 23986162 J. O RDINANCE S/RE S OLUTIONS 1. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. 1. Sale at 606 Goldsboro Avenue to Ronald G. Kiser, Jr. and Tarah D. Kiser re subdivide existing parcel 2. Temporary Encroachment re bulkhead, rip rap, docks, aluminum ramps, pier and boat lift. b. Sale at Rosemont Road and Buckner Boulevard to Rosemont Crossing Limited Partnership re workforce housing 2. Resolution of the City to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, Series 2014A, not to exceed Ninety-Six Million Dollars ($96,000,000) re Charter Bond authorizations 3. Ordinance to AUTHORIZE Modification of the Comprehensive Agreement with 25th Street Associates, LLC re parking garage DISTRICT 6 - BEACH 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. 5 to the multi- year Agreement to EXTEND the Encroachment Partnering Agreement through March 31, 2019, re encroachment of NAS Oceana 5. Ordinance/Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement to Vanguard Landing, Inc. re mixed-use facility at 2020 and 2036 Princess Anne Road b. An Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements 6. Ordinance to APPROPRIATE $3,800,000 to the Risk Management Internal Service Fund for FY 2013-14 re compensation claims 7. Ordinance to TRANSFER $439,731 to the FY 2013-14 Schools Operating Budget: a. $315,491 from Operations and Maintenance to Technology b. $120,678 from Instruction to Technology c. $ 3,562 from Administration to Technology CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, for property owners Ronald G. Kiser, Jr. and Tarah D. Kiser An Ordinance declaring a 1,338 Sq. Ft. (0.031 Ac.) portion of City property located at Lake Rudee (a portion of GPIN 2427-01-8282) to be in excess of the City's needs and authorizing the City Manager to sell this portion of property to Ronald G. Kiser, Jr. and Tarah D. Kiser MEETING DATE: March 11, 2014 ¦ Background: The City is the owner of a 10.37 ± acre parcel of land in the neighborhood known as Shadowlawn Heights (GPIN 2427-01-8282) located at Lake Rudee (the "Lake Rudee Property"). Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Kisers") own an adjacent property at 606 Goldsboro Avenue. The Kisers approached the City with an offer to purchase a 1,338 sq. ft. (0.031 acre) portion of the Lake Rudee Property (the "Excess Property") for $12,800. As a condition of the purchase, the Kisers will resubdivide their existing parcel with the Property into one residential lot. In addition to the purchase of the Excess Property, the Kisers have requested permission to encroach into another portion of the Lake Rudee Property in order to maintain an existing bulkhead and rip rap and to construct and maintain two (2) floating docks (6' X 14' and 6' X 50' 8' X 125), two (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), vinyl bulkhead, fixed pier (20.4' X 16' 5' X 535) and a boat lift (12' X 12') at the rear of 606 Goldsboro Avenue. There are similar encroachments in Shadowlawn Heights. This matter was originally scheduled to be heard on February 25, 2014, but due to an error in the advertisement, it was continued to the next Council date, March 11, 2014. ¦ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Encroachment Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the full 15-foot-wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a ONE THOUSAND THREE HUNDRED TWENTY-SIX DOLLAR ($1,326.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City-owned property. ¦ Public Information: Advertisement of City Council Agenda and the advertisement for public hearing as required by Section 15.2-1800 Code of Virginia ¦ Alternatives: Approve the sale and encroachments as presented, deny the sale and encroachments, or add conditions as desired by Council. ¦ Recommendations: Approve the request subject to the terms set forth in the Summary of Terms attached to the Excess Property Ordinance and conditions of the Encroachment Agreement. ¦ Attachments: Ordinances (2), Encroachment Agreement, Summary of Terms, Plat, Pictures and Location Map Recommended Action: Approval of the ordinances. Submitting Department/Agency: Public Works/Real Estate PA? City Manager: ? 1 AN ORDINANCE DECLARING A 1,338 2 SQ. FT. (0.031 AC.) PORTION OF 3 PROPERTY LOCATED AT LAKE 4 RUDEE (a portion of GPIN 2427-01- 5 8282) TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING 7 THE CITY MANAGER TO SELL THIS s PORTION OF PROPERTY TO 9 RONALD G. KISER, JR. AND TARAH lo D. KISER 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 13 10.37± acre parcel of land in the neighborhood known as Shadowlawn Heights (GPIN: 14 2427-01-8282) located at Lake Rudee in the City of Virginia Beach (the "Lake Rudee 15 Property"); 16 17 WHEREAS, Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Kisers") approached ls the City with an offer to purchase a 1,338 sq. ft. (0.031 Acre) portion of the Lake Rudee 19 Property, more particularly described on Exhibit "A" attached hereto (the "Excess 20 Property") to incorporate the Excess Property into their adjacent residential property at 21 606 Goldsboro Avenue to provide access to the water; 22 23 WHEREAS, the City Council has determined that the Kisers' intended use is an 24 appropriate use for the Excess Property; and 25 26 WHEREAS, the City Council is of the opinion that the Excess Property is in 27 excess of the needs of the City of Virginia Beach. 2s 29 30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the Excess Property is hereby declared to be in excess of the needs of the 34 City of Virginia Beach and that the City Manager is hereby authorized to execute any 35 documents necessary to convey the Excess Property to Ronald G. Kiser, Jr. and Tarah 36 D. Kiser, in accordance with the Summary of Terms attached hereto as Exhibit "B" and 37 made a part of this Ordinance, and such other terms, conditions or modifications as may 38 be acceptable to the City Manager and in a form deemed satisfactory by the City 39 Attorney. 40 41 This ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2014. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA-12766 R-1 PREPARED: 2/13/14 APPROVED AS TO CONTENTS < l 7??J`_ . 4 ti?L P' LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUEEICIENCY AND FORM ?`ITY PRNEY IACITY ATTORNEY 6ANA R. HARMEYER PROP. BOAT LIFT LAKE RUDEE 12' X 12' FLOOD EBB PROP. FlXED PIER CITY OF VIRGINIA BEACH . 20.4 x 16 M.B. 7 P. 14 5 'x 53.5' GPIN: 2427-01-8282 MLW=MHW ALONG PROPERTY TO BE EX. BULKHEAD ACQUIRED fROM TYLERPROPOSED ---- =272.4 sQ. FT. VINYL IVF BULKHEAD ??A SEAWARD BOUNDARY AS SHOWN IN MAP BOOK 7, PAGE 14 ? PROPERTY TO BE (SCALED PLAT LINE) ACQUIRED FROM COVB 1338 SQ. FT. 6.0' PROP. FLOATING o DOCK ? N 6- X SO- I EX. WOOD BULKHEAD 8' x 12.5?DASHED PORTION SHOWN SCALED FROM CITY COMPOSITE MAP ..5' PROP. ALUM. RAMP I pROP. 4' x 12' n.OATING PROP. 14' ALUM. RAMP Olq- LW=MHW ALONG EX. BULKHEAD 2.0' ? \ G AREA BETWEEN PLAT LINE EXISTING BULKHEAD EQUALS 1,338 SQ. FT. JOHN B. PARKER, III AND NANCY K. PARKER D.B. 1744 P. 454 GPIN: 2427-01-8610 sp,LTH pF ? p ? DAy? LD?: LER y 38395 .?F,SS /CINAL E - DOCK I 6' x 14' l PROP. I 5'OX 6' 'r a ? ro ? ? O -T------ I I O WAYNE L. TYLER AND 0 o I FREDERICK M. TYLER, JR. J <'. Fa- ? 90 O ? I 28.83' ? N 07'00'00" W 00 I N , 11 I 15.00' S 07'00'00' E w i 16.90' TOTAL i °° I I ,°o o I VACATE---j VACAlE---j I 10 ? ? I ? I Z I W.B. 102 P. 1402 O GPIN: 2427-01-6582 I lp -A f", ?s• O N 83'00'00" E 15.00' -?.---7--- ? O I ? I o I LLJ I I WILLIAM V. SIMMONS D.B. 854 P. 199 GPIN: 2427-01-6650 o I I 0 ° I I ? Z I I . ,. ,. ,. „ i . A N 83'00"00" E GOLDSBORO AVENUE (50' R/W) M.B.7P.14 EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE G:\12\12-131jpa.dwg, 1/3/2014 3:54:04 PM, 1:40, DB FOR EASTERN 1/2 OF LOT 8, LOTS 9& 10 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14 VIRGINIA BEACH, VIRGINIA SCALE: 1* = 40' DECEMBER 5, 2013 w Q (f) LAJ ? U „ E?HIBIT tut. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON LAKE RUDEE SELLER: City of Virginia Beach PURCHASERS: Ronald G. Kiser, Jr. and Tarah D. Kiser PROPERTY: Approximately 1,338± square feet of GPIN 2427-01-8282, located adjacent to 606 Goldsboro Avenue and Lake Rudee LEGAL DESCRIPTION: Portion of GPIN: 2427-01-8282 ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE ACQUIRED FROM COVB 1338 SQ. FT." as shown on that certain exhibit entitled, "EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE," which exhibit is attached hereto as Exhibit A for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation, by Deed of Gift from Edwin B. Lindsley, Jr., dated March 28, 2001 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia Beach in Deed Book 4388, at page 1201, and re-recorded as Instrument Number 20100915000966510. SALE PRICE: $12,800.00 CONDITIONS OF SALE: • The Purchasers shall, at the Purchasers' expense, resubdivide the property and vacate interior lot lines to incorporate the Property into the Purchasers' adjacent property at 606 Goldsboro Avenue • The Purchasers shall submit a site plan for review and approval by the Planning Department prior to any construction. 0 The Purchaser shall adhere to all zoning ordinances. • Purchasers and Seller shall each be responsible for their own closing costs. Purchasers have a sixty (60) day due diligence period from the date of full execution of the Agreement of Sale within which to terminate the Agreement. • Settlement shall occur no later than ninety (90) days after the execution of the Agreement of Sale by all parties. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 RUDEE, LOCATED AT THE REAR OF 8 606 GOLDSBORO AVENUE, FOR 9 PROPERTY OWNERS RONALD G. lo KISER, JR. AND TARAH D. KISER 11 12 WHEREAS, Ronald G. Kiser, Jr. and Tarah D. Kiser desire to maintain an 13 existing bulkhead and rip rap and to construct and maintain two (2) floating docks (6' X 14 14' and 6' X 50' 8' X 125), two (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), 15 vinyl bulkhead, fixed pier (20.4' X 16' 5' X 53.5') and a boat lift (12' X 12') upon a portion 15 of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, in 17 the City of Virginia Beach, Virginia; and is 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ronald G. Kiser, Jr. and 27 Tarah D. Kiser, their heirs, assigns and successors in title are authorized to maintain an 28 existing bulkhead and rip rap and to construct and maintain finro (2) floating docks (6' X 29 14' and 6' X 50' 8' X 125), two (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), 30 vinyl bulkhead, fixed pier (20.4' X 16' 5' X 535) and a boat lift (12' X 12') in a portion of 31 existing City property known as Lake Rudee, as shown on the map marked Exhibit "A" 32 and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND 33 BULKHEAD LOCATED IN LAKE RUDEE FOR EASTERN '/z OF LOT 8, LOTS 9& 10 34 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14, VIRGINIA BEACH, 35 VIRGINIA SCALE: 1" = 40' DECEMBER 5, 2013," a copy of which is on file in the 36 Department of Public Works and to which reference is made for a more particular 37 description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Agreement"), 42 which is attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 48 49 50 51 52 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Ronald G. Kiser, Jr. and Tarah D. Kiser and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. CA-12563 R-1 PREPARED: 2/13/14 APPROVED AS TO CONTENTS ? l_ /? ?)1Yl ed" . tj6NATURE APPROVED AS TO LEGAL St1OF-IC 4CYA FORM DA R. H YE- R, ASSOCI TTORNEY ??b??1?,??? ??, ??r? DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 6th day of February, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RONALD G. KISER, JR. and TARAH D. KISER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 9 and 10 and the EASTERN 1/2 OF LOT 8, BLOCK 28", as shown on that certain plat entitled: "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO. SCALE 1" = 100' APRIL 1924", prepared by JNO. M. BALDWIN.C.E. C.R.McINTIRE.DEL, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, (sheet 1 of 4) and being further designated, known, and described as 606 Goldsboro Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead and rip rap and to construct and maintain two (2) floating docks (6' X 14' and 6' X 50' 8' X 125), two (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), vinyl bulkhead, fixed pier (20.4' X 16' 5' X 535) and a boat lift (12' X 12'), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN'S: 2427-01-8282-0000; (CITY PROPERTY KNOWN AS LAKE RUDEE) 2427-01-7641-0000; (606 Goldsboro Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE FOR EASTERN '/2 OF LOT 8, LOTS 9& 10 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14, VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' DECEMBER 5, 2013," prepared by DAVID R. BUTLER, PROFESSIONAL ENGINEER, for GALLUP SURVEYORS & ENGINEERS, LTD., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed ±hat the Grantee shall make a ONE THOUSAND THREE HUNDRED TWENTY-SIX DOLLAR ($1,326.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15-foot-wide riparian huffer area that cannot be established on the property of the Grantee; said buffers are a 3 standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City- owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressty understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any 4 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Ronald G. Kiser, Jr. and Tarah D. Kiser, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2014, by 7 CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by I CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 By G'_ ~ Ronald G. Kis r, Jr., Owner By STATE OF CITY/C-&6PdT-Y OF to-wit: The foregoing instrument was acknowledged before me this day of 2014, by Ronald G. Kis*?P 4? lic Notary R egistration Number: W&o My Commission Expires: "e'/ so, 2O7 STATE OF I/?2b?????? CITYfE6ttPdT-? OF ??/?'?? , to-wit: -? MARTIN DAVIO PERRY JR. Notary Public Commonwealth of Yrqinia 7364066 My Commission Expires Nov 30, 2014 The foregoing instrument was acknowledged before me this 6 day of ? '4:-??=??<,?U?12? , 2014, by Tarah D. Kise4aPu6bllic ? ary Registration Number: ??6 Not My Commission Expires: ??? ?& - 12?,? EMARTIIN DAVID PERiiY JR. Notary Public onwealth of Virqlnia 7364066 sion Expires Nov 30, 2014 7 APPROVED AS TO CONTENTS V!1>l£,? SI N TURE ?up-ucw u, ac>jq DATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ITY ATTORNEY PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 6.0' PROP. BOAT LIFT LAKE RUDEE 12' X 12' FLOOD - E ?- PROP. FIXED PIER CITY OF VIRGINIA BEACH _ 20.4 x 16' M.B. 7 P. 14 5 'x 53.5' GPIN: 2427-01-8282 MLW=MHW ALONG IM PROPERTY TO BE EX. BULKHEAD ACQUIRED FROM TYLERPROPOSED ? =272.4 SQ. FT. NNYL BULKHEAD I SEAWARD BOUNDARY AS SHOWN IN MAP BOOK 7, PAGE 14 ? PROPERTY TO BE (SCALED PLAT LINE) ACQUIRED FROM COVB 1338 SQ. FT. AREA BETWEEN PLAT LINE EXISTING BUL.KHEAD EQUALS 1,338 SQ. FT. JOHN B. PARKER, III AND NANCY K. PARKER D.B. 1744 P. 454 GPIN: 2427-01-8610 ??p,LTH OF ? ?'??6??9I?? LrfA '?' o DA L` o. LER y 11 38395 ? ??S 1 I21, S/ONAL EN PROP. FLOATiNG o DOCK 6' x 50' I EX. WOOD BULKHEAD 8? x 12.5?DASHED PORTION SHOWN SCALED FROM CITY COMPOSITE MAP ..5' PROP. ALUM. RAMP I PROP. 4' x 12' ?OATING t 14' ALUM. ? ?%?? r PROP. a3a so..Fi. RAMP LW=MHW ALONG EX. BULKHEAD ? 1 G J H O al U-? co ? N - DOCK I 6' x14' l PROP. DOCK I 5' X 6' rr a ? om ? I O -T------ I O WAYNE L. TYLER AND -cD o°o I FREDERICK M. TYLER, JR. 1 28.83 N 07'00'00" W I I I 15.00' I S D7'00'00 E I 78.90' TOTAL I ; I I D 14 1 VACATE----1 VACA1E----1 ? 10 ? O I I I I I I I I I w 0 0 0 0 i? ? Z I W.B. 102 P. 1402 IO GPIN: 2427-01-6582 ?r? O ? p A ? p.1. Ss F N 83'00'00" E 15.00' -?----r--- ? ° I I w ? o I ? :D I I Z w WILLiAM V. SIMMONS 8 D.B. 854 P. 199 Q GPIN: 2427-01-6650 V) V) o I I ? ° I I ? Z I I ?- I 90.00'I /) U N 83'00'00" E GOLDSBORO AVENUE (501 R/W) M.B.7P.14 EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE FOR EASTERN 1/2 OF LOT 8, LOTS 9& 10 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14 VIRGINIA BEACH, VIRGINIA SCALE: 1' = 40' DECEMBER 5, 2013 G:\12\12-131jpa.dwg, 1/3/2014 3:54:04 PM, 1:40, DB W .ii , ,? ; ,1i , , ??' .li . ?? :r; ,?i ?'..L . ,.;,rr;?'..li?. ?„??.?,..1i ? ;'..;1;?,..1i . ,.,.:r'ti•'•'? ? ? ?, i.••.,, ? r i'? r?rr:yiti',';???,?tr.•???iii ? ? ? ? . n ?r???.;iii','f??:,?{r:r?iii",?.?:.•{? •tiii','i,4?:sr:rti??i' 11 LL O 7 . ,n 1 ?.r.?i ,.f?. ?.'r.?? f , i, ,? ? , ? ..t?, r??+???•,.?1??. :i?:?, •I?%.,ti,,iti..t1 0 '', ?;?ti}i;'1 ,?' ,;'i ;'titii; r ?? ? ,? : ; i ';????r ???'; i'; tii .t? r, ;,?, ,.titi,?i ?•:rt?.ti??; r . ';'i;;I;??i, ? . :ti;:'ti:' Q N ?- ti ,?i ? ., }ti ? ?ti ?i ?• ; ?ti ?ti i? ? ', 14' ?ti u " , ' ?? n : }, i: ??'. : ,?F?' ?ti a W 00 ? i',??ti N .. .... •'ti,.• y .ti ti •'.ti.? ? ?? i . ? Q O m ? ?I?:ri????, ?r,?l??;+r?:i..?i?'?I??rri ri, 00 ? J?rrr??r ?.•?.:I ? N. r? ?:?,r..;l?rrv•,???. ::I??rrr? . :?I?? ? Q ? :? i •i;? N .,?r?'?, ?,',?i? ??r.?, ?•??i?,??, ?; a? c? ??? ,,'?+i' ?'r??,.?,, ,.??.,,r, ,, ,?r?.,?,,:??i,?,h',':'.'.:''i',?;+;',.; ? 1'., ;?t.??.ri???ti? •I???, i..?tii ..5,s;,?i?..ti? ??S?s???ri: ? , , ti . 1??,,ri?„ti ,Sti,?r??????' ti n?„?i :•l.t,,?i..,ti?..%l,ti,.1i,..''?, ? ? ? ? .i;' , ? , ?„?.r ?, , i??? , , t.?i?' • ? r !C ?, Cj 0 titi. r} . t?'1. ?}' ? rr •'l. ?} ?r? i , ???r 1, r} ? tt ?? ,? ? ,?y . x'J .ri '+j,? N tn v, ?'ai f" f? L. ?n''?•?,;?;? ?'n?.f??,ti v, , m;i i.?• v.', ?. " 1. W :Iti aW? Q . . ? ?? ?;.,,, ? ?,r;.., ?• :????.?,r.,.. : ?'?ti:,?,,.. ?? Q O ? N o ui? ? ?v n ti,l???' rri*r•y 1 r,'° . ,i' n'? 5 'A?,, r 1?? ??' ?1?n• ti?: ,k'n' , ?,? u S?? J a O a ''?i•n r? u ?, , i ? ?.iivr, I ' il? i . inn;? 'r? ??,ww;? ,• iir1?5 WY1;? .? ? •'11 ??I M ? .?1 ??lf,'? ? ?? ? ?" ?? i? ? . .? ? ? 1 , . S'?.?.I? . Y?' u CD "t, „ 5 ? I I ? 5 ?,''1? L I?•?? ? v M Y?;i t.l,t,:' '?.'i.:,t. i ? aY M V W t ? Z ?? It CO ti i 0 ti N v N i; „? r i; : , ?..,.. ?„?, ,.• ir. ? J. ?r ir' : '. .. ":' ' ? ? ?.?,?:' +? ?.;, ?. .?;, ? ?{, ? ;? ' ' _5 . ,. 1,??{? .. .,y.??? , °?r'ti'.:? +'?:,tik? ,r?ti•',titi Jr???'?ti ?'????;{?? ?i, id.t?..v , ivir 'rr? y•,;?t;'.v?r , ti?,., ti jiit{?.??I I iidi,:??r?r;i r r{ ??.u? .. ! ?I L?1 1 .1ti?.?1 ?? y { ? • ?; . : titi i x 1 u , , 1.. .1 k ,'r... u???ti'? t,? •nti'. y?. ??, ,?..? u. L 1. ' Pr ; ? •.1?.,,+'? ' : { ?+'?.? ?; ? ': { ,.t.. ?rr, ; { +r: 'ti { . ` . ,:,? ., . , ,>?„.: ??'. .. ,,,: .?'. ,.; ...'' ?? . ,. ,,.'• ?`, r.:r?.,.?;•,?', 'q rr .'?? '?.?•?' ? .v???'.? ?,'v?' ,?r.•?'r•?'•n':??, r ,vi" ?. ?. ?,'??? ?r.;;', ?'vi':??,, :•+.11?t1..? "??5?.7 .5 ?'.??5?.11u?1? 1•{?Sti?II.uY?? ?••??I+.llu.5? i'?.1?.IIn.1? M 5) I 7•'L,1iYl 1!' L?.ti?4,1 ? 7'?6,??.?.! 1 7•'1.,5?1d ? ?. •6.5.%,1 ? M i r: tii , 7, y., i ?r ti r ,. y? I x ti ti, ti0, .., yti, 1 1,, r, ,.. y., ?, i.. ? r? i, r?, rr i, 1}, . 1r ?I ry rr'??; ? ':'hr.i?? hi,1• Y. :'hi.1;ti Y i ?,.'L??Y?i7,,•t..?'?;?1?iY,,?ti,.?'?;?1•iYY.'iy,?i.,,•i?:1??7 .?t: ???5? • / ,••??{?? ' ? !?'...L? .?ti???.1? ??f?' " ??I?? ?'1??1? •? 11 '?. ?:•1?111 •? ?'7 ?111 •? .Y l. ` !??N• ?'•• • YIYf• I"• , Np1? ???•, ? 171N' tYI f??- __ -- - ?r ..i".w' i ai ? , ? • ? ?. ?r:. ,?, .., ti?,: ? , ? ? , ?--? - ?''?: ? i ,iir,?,• ' •"1?5i;r? i ?r1 _ _ -- ..,1r1f1 NV:i I I I 111 1d ?,i?. . '?.1.? ??'.?'1 nr?:? ? ?'.?'I '.?l ? 1'? •1 ,.l?., ??S '1 ..I •r.?sl}?.{;?; '?,?q?tia,?,•r??Yt?l?1'?,'?•': ?yy? '•? ,? `??,,.}i?, ,y, ???{'?,q' ? ,.H??.?7,1?tin..•I?i7! , ??.,?.? ,..r ; .1.. ?+. ?.L { •,?b. /1. i ? ,.5.1..??' , 'le_ ? ?I?. I.??? u?' ill ?. 1? ?? .?.• ??I,. 1..: v? ?'.i I"?-ti.? l? ? w ] N , , > Y _ .. __... ? -_ Op1FlG Av ? ,dy GPSp1PN Y J g? ? ul ? ? N ?pR?ss P?E Ci ? 'D y N t ° ` a d ,?a ? a` ? M ? •?r1 '"?r l?ll? .•11,/:'!L'. ??,t ???? y •? ,r,?'r.1'r?f ?.., ? ?' ?'?: ??:; I ;•i ?? ., :?i ?' ;?r4'? 5 I' r ?.: ?" _ ,+?,w,o M a?rAyn ,?r•?Y ? ? 3 '? ••?'?;, ? ????s ..o ?,,?„ s ?i. ?» ??" ' : #•_° w-„?°, a -w ? ? tf ,, ?..,.?. p.:. .. .?Crr ,, ? _? . ?' ? ? F? _• Y S; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Declaring the Property Located at the Northeast Corner of Rosemont Road and Buckner Boulevard to be in Excess of the City's Needs and (2) Authorizing the City Manager to Execute an Option Agreement and Conveyance Documents for Sale of the Property to Rosemont Crossing Limited Partnership MEETING DATE: March 11, 2014 ¦ Background: Rosemont Crossing Limited Partnership ("RCLP") was formed by the Virginia Beach Community Development Corporation (99.9% ownership) and Southeastern Virginia Housing Corporation (0.1 % ownership) for the purposes of acquiring certain real estate in the City of Virginia Beach, and developing and operating thereon affordable housing apartments and amenities, using a combination of debt and equity derived from federal low-income housing tax cred its. The City of Virginia Beach ("City") owns a parcel of land consisting of 3.055 +/- acres, located at the corner of Rosemont Road and Buckner Boulevard (GPIN 1485-65-6967) (the "Property"). RCLP proposes to acquire the Property to develop a 54-unit rental apartment complex pursuant to the City's Workforce Housing Program (the "Development"). The Property was acquired by the City in 1992 from the Boys' Club of Norfolk, Virginia (the "Boys & Girls Club"), which continues to own and operate the parcel to the northwest of the Property. The public park to the northeast of the Property is owned by the City and designated as open space, and was also acquired from the Boys & Girls Club at the same time as the subject Property. The park will not be affected by the proposed sale. ¦ Considerations: RCLP is requesting an option to purchase the Property ("Option") contingent upon the fulfillment of the conditions in the attached Summary of Terms. RCLP is making this request in advance of full negotiation of terms of the sale, due to its upcoming application deadline for Development financing from the Virginia Housing Development Authority, which is due March 14, 2014. The Property will require rezoning from 0-2 to A-18, for which RCLP will make application following execution of the Option. If the Option is exercised, the deed to RCLP will contain a reverter provision giving the City the right to take the Property back if construction is not commenced within finrenty-four (24) months of exercise of the Option. ¦ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ¦ Alternatives: Approve the execution of the Option as submitted, revise the Option, or retain ownership of the Property. ¦ Recommendations: Declare the Property in excess of the City's needs, approve granting an Option to RCLP to purchase the Property, and authorize the City Manager to execute all documents necessary 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 satisfactory to the City Council. ¦ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordina ce ? Submitting DepartmentlAgency: Departrrr-ent o??s?g & Neighborhood ` City Manager: k Preservatiori ? K'`( 1 AN ORDINANCE (1) DECLARING THE PROPERTY 2 LOCATED AT THE NORTHEAST CORNER OF 3 ROSEMONT ROAD AND BUCKNER BOULEVARD TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND (2) 5 AUTHORIZING THE CITY MANAGER TO EXECUTE 6 AN OPTION AGREEMENT AND CONVEYANCE 7 DOCUMENTS FOR SALE OF THE PROPERTY TO 8 ROSEMONT CROSSING LIMITED PARTNERSHIP 9 10 WHEREAS, Rosemont Crossing Limited Partnership ("RCLP") was formed by 11 the Virginia Beach Community Development Corporation and the Southeastern Virginia 12 Housing Corporation for the purposes of acquiring certain real estate in the City of 13 Virginia Beach, and developing and operating thereon affordable housing apartments 14 and ame.nities; 15 16 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 17 3.055+/- acre parcel of land located at the northwest corner of Rosemont Rd. and 18 Buckner Blvd. (GPIN 1485-65-6967) (the "Property"), more particularly described on 19 Exhibit "A" attached hereto; 20 21 WHEREAS, the RCLP has requested an option to purchase the Property in 22 order to construct a fifty-four (54) unit rental apartment building on the Property for the 23 City's Workforce Housing Program; 24 25 WHEREAS, the City acquired the Property in 1992 together with the adjacent 26 parcel of 4.610 +/- acres, which parcel is designated for recreational purposes only; 27 28 WHEREAS, the City Council is of the opinion that the Property is in excess of the 29 needs of the City of Virginia Beach; and 30 31 WHEREAS, the City Council has determined that the RCLP's request is a 32 reasonable use of the Property. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 Section 1. That the Property is hereby declared to be in excess of the needs of 38 the City of Virginia Beach; 39 40 Section 2. That the City Manager is hereby authorized to: (1) execute an option 41 agreement to sell the Property to RCLP in accordance with the Summary of Terms 42 attached hereto as Exhibit "B", and such other terms, conditions or modifications as may 43 be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney; and (2) if the option is exercised, execute conveyance documents to RCLP, in 45 accordance with the Summary of Terms attached hereto as Exhibit "B", and such other 46 terms, conditions or modifications as may be acceptable to the City Manager and in a 47 form deemed satisfactory by the City Attorney. 48 49 This ordinance shall be effective from the date of its adoption. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY t a ?f ; Housk and N6ighborhood Preservation G 1 City Attorney's Offica CA12935 \\'rhgov.com\DFS I\Applications\CityLawProd\cycom32\Wpdocs\D004\P016\00090703DOC R-1 2/28/2014 EXHIBIT B SUMMARY OF TERMS OPTION TO PURCHASE EXCESS PROPERTY AT ROSEMONT ROAD AND BUCKNER BOULEVARD SELLER: City of Virginia Beach ("City") PURCHASER: Rosemont Crossing Limited Partnership, comprised of the Virginia Beach Community Development Corporation ("RCLP") (99.9% ownership) and the Southeastern Virginia Housing Corporation (0.1 % ownership) PROPERTY: Approximately 3.055 acres of property located at the corner of Rosemont Road and Buckner Boulevard (GPIN: 1485-65-6967), as more particularly described on Exhibit A to the Ordinance, reserving unto the City any easements or rights-of-way necessary for public purposes OPTION AGREEMENT ("Option"): • Option to purchase the Property for $50,000.00 ("Purchase Price"). • Option to purchase the Property will expire three (3) years from date of execution of the agreement. • Purchaser to obtain financing sufficient to purchase Property and to build a rental apartment complex containing approximately 54 units. • Purchaser responsible for rezoning the Property and obtaining all necessary permits. ADDITIONAL SALE TERMS, IF OPTION EXERCISED: Purchaser to design and construct a 54-unit apartment complex, using several funding sources to include federal funding obtained through the City's Department of Housing and Neighborhood Preservation, and will operate the apartment complex as affordable housing under the federal Low Income Housing Tax Credit Program. City has approval rights over development plans. Deed to RCLP will contain a reverter as follows: City will have the right to take Property back at Purchase Price if construction not commenced within twenty-four (24) months of exercise of the Option. Deed to RCLP will contain a provision that the property must be maintained as affordable housing under the Low Income Housing Tax Credit Program for a period of 30 years. a Q Z ? O ? H U ? O J Q _ X / W , ? / % 1 ? X iJ4'G^ ' "EAC . <ti g «? t !J° n'aj CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of a Series of General Obligation Public Improvement Bonds, Series 2014A, Heretofore Authorized, in the Maximum amount of $96,000,000 and Providing for the Form, Details and Payment Thereof MEETING DATE: March 11, 2014 ¦ Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in the amount up to $96,000,000. The bond sale is composed of portions of the 2011, 2012, and 2013 Charter Bond Authorizations previously approved by Council on May 10, 2011, May 8, 2012, and May 14, 2013, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for those authorized CIP projects. Based on current market conditions, the City's Financial Advisors, Public Resources Advisory Group (PRAG), has recommended that this sale take place on April 8, 2014. ¦ Considerations: The new money sale represents the City's annual general obligation bond sale. The City's Bond Counsel, Kutak Rock LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided however, that the bonds shall have a true interest cost not to exceed 4.0%. The proposed bond structure for the new money takes into consideration the FY15 debt service budget. ¦ Public Information: Public information will be handled through the normal Council agenda process. The original Charter Bond Authorizations were part of the public information process of the City's Resource Management Plan (Budget/CIP). In addition, the Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. A Notice of Sale will be placed in The Bond Buver, a daily newspaper for the tax-exempt bond market. ¦ Recommendation: Approval of the enclosed resolution providing for the issuance and sale of bonds in the maximum amount of $96 million. ¦ Attachments: Resolution, Project List Recommended Action: Approval Submitting Department/Agenc : City Manager: ? Financ? . ? Crty e?f Virginia Beach, Virgln"sa 2014A Genera! Ob(Egatiors Bond sale - $96 miilaon City Expenditures 10j15/2012 t}tru 1/13J2024; School Expenditures 1/24j12 -1/13f 14 5AFE COMMUNI3'Y Buildings 3021 Fire & Rescure Station - Town Center 3,574,638 3317 Police Special QpsjFarensics/Evidence Comlex 6.973,434 $10,548,072 QUALITY PkEYS1CRL ENVIRONiViEN7" Roadways 2025 Witchduck Road Phase ti 1,036,789 2048 Princess Anne RoadjKempsville Road Intersection 8,665,607 2107 Seaboard Road 1,346,643 2321 Nimmo Parkway - Phase V-A 17,284,561 2143 Laskin Road Gateway Phase I-A 2,227,099 2168 Lesner Bridge Replacement 2,303,234 2305 Princess Anne raad - Phase IV 4,402,989 2421 Sportsplex Drive 2.455,287 $39,722,209 TQTAL GENERAL GOVERNMENT $50,270,281 QUAE,6'°Y EDUCAT3ON & LaFELONG LEARN1NG Buildings 1019 Great Neck Middle School Repiacement 4,556,975 1106 Kellarn High School Replacement 34,388,228 1233 Kemps Landing/QDC Replacement 274,869 1001 Renovations and Replacements - Energy Management 1,194,567 1099 Renovations and Replacement - Grounds - Phase 11 1,259,975 1103 Renovations and Replacement - HVAC Systems - Phase !I 800,165 1104 Renovations and Repiacement - Reroafing - Phase II 801,415 1105 Renavatiapns and Replacement - Various - Phase 11 447,911 1109 Energy Ferformance Contracts 1,439,684 1196 Instructional Technology 315,767 1232 Tennis Court Renovations 249.163 1'OTAL SCHOOLS $45,729,719 TOTAL BOND SALE $46,000,000 COUNCIL VERSION RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $96,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $65,500,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 10, 2011, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $49,788,950 of which have been issued and sold, leaving and unsold balance of $15,711,050. The issuance of $67,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 8, 2012, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $12,334,162 of which have been issued and sold, leaving and unsold balance of $55,365,838. The issuance of $68,120,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2013, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $96,000,000. The City Council has determined it is in the City's best interest to issue and sell all $15,711,050 of the remaining balance of the bonds authorized on May 10, 2011; up to $52,025,069 of the remaining balance of the bonds authorized on May 8, 2012; and up to $28,263,881 of the bonds authorized on May 14, 2013. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $96,000,000 (the `Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 10, 2011, May 8, 2012 and May 14, 2013. 4837-5709-6984.2 2. Bond Details. The Bonds may be issued in one or more series and shall be designated "General Obligation Public Improvement Bonds." The Bonds shall contain the series designation 2014A or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Bonds if issued as separate series may be issued at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a"true" or "Canadian" interest cost not to exceed 4.0% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after December 31, 2024, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payrnents beginning no later than December 15, 2015, and ending no later than December 15, 2035. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payrnent dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). In lieu of check or draft, payments of principal and of interest on the Bonds may also be paid by electronic funds transfer as directed by the registered owners. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities 4837-5709-6984.2 2 Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payrnent of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than December 31, 2024 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any portion of the Bonds issued as term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable 4837-5709-6984.2 3 maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. The City shall, however, comply with any redemption notice requirements contained in the continuing disclosure agreement entered into in connection with the issuance of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the 4837-5709-6984.2 4 Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payrnents shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3. The City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; pYOVided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City 4837-5709-6984.2 5 Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Deliverv of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof for federal income tax purposes under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and such officers may make any elections they deem necessary or desirable regarding rebate of earnings to the United States or otherwise, for purposes of complying with Section 148 4837-5709-6984.2 6 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Post-Issuance Comnliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 4837-5709-6984.2 7 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. Exhibit A- Form of Bond 4837-5709-6984.2 8 Exhibit A- Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2014A INTEREST RATE MATURITY DATE DATED DATE CUSIP REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning 1, 201_, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. 4837-5709-6984.2 This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2014A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 10, 2011, May 8, 2012 and May 14, 2013, and, the Bonds are being issued pursuant to a resolution adopted by the City Council on March 11, 2014 (the `Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements. The City is authorized and may elect to pay costs of issuance of the Bonds from the proceeds thereof. The Bonds maturing on or before , 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on ar after , 20_, are subject to redemption prior to maturity at the option of the City on or after , 20 , in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemqtion Price [The Bonds maturing on , 20, are required to be redeemed in part before maturity by the City on 120 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of 4837-5709-6984.2 A_2 Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days priar to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payrnent of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payrnent of principal of, premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the [fifteenth] day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist ar be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. 4837-5709-6984.2 A-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia 4837-5709-6984.2 A-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. 4837-5709-69842 A-5 Requires an affiYmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of March, 2014. APPROVED AS TO CONTENT: Finance Department APPROVED AS TO LEGAL SUFFICIENCY: ? Cit rne s Office CA 12903 R-1 February 27, 2014 4837-5709-6984.2 A-6 ?? , 4 ?} ? -w 4aj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing a Modification to the Terms of the Compret,ensive Agreement Between the City of Virginia Beach and 25th Street Associates, LLC to Allow for the Sale of the Completed Parking Garage Before Final Completion of the Other Improvements MEETING DATE: March 11, 2014 ¦ Background: the City of Virginia Beach (the "City") and 25t" Street Associates, LLC ("25t" Street") are parties to a comprehensive agreement dated as of February 28, 2013 (the "Comprehensive Agreement"). The Comprehensive Agreement provides for the development of various improvements on a 2.18-acre parcel located at 310 25th Street between Pacific and Arctic Avenues (GPIN 2427-09-5787), formerly utilized as a municipal parking lot (the "Property"). The Comprehensive Agreement was approved by City Council on February 12, 2013, by Ordinance ORD-3263S, pursuant to the process set forth in the Virginia Public- Private Education Facilities and Infrastructure Act of 2002 ("PPEA") and the City guidelines adopted pursuant to the PPEA. As set forth in the Comprehensive Agreement, 25th Street has purchased the Property from the City for the appraised value of $7,650,000, and is undertaking the construction of the following improvements (collectively, the "Improvements"): 1) Apartment complex with 147+/- units (the "Apartments"); 2) "iFly" entertainment facility consisting of 8,000+/- sq. ft. (the "Entertainment Facility"); 3) Commercial space of 2,500+/- sq. ft. (the "Commercial Space"); and 4) Structured parking garage containing 565+/- parking spaces, of which approximately 347 would be dedicated for use by the general public (the "Parking Garage") The Comprehensive Agreement contemplates the City acquiring the Parking Garage from 25th Street following completion of construction of all the Improvements for the sum of $7,650,000, plus an incentive payment equal to ninety percent (90%) of the admissions taxes generated at the Entertainment Facility, not to exceed $2,100,000. As set forth in the Comprehensive Agreement, the Parking Garage will be acquired subject to a lease for approximately 216 (not to exceed 230) parking spaces for use by the Apartments (the "Lease"). The total consideration paid by the City for the Parking Garage is calculated based upon the cost to construct the public spaces only and not the spaces subject to the Lease, even though the City will be acquiring both the public and leased spaces. 25t" Street has requested an amendment to the Comprehensive Agreement to cause the City to purchase the Parking Garage when that element is complete, even if the other elements of the Project are not. All other terms and conditions o# the Comprehensive Agreement would remain unchanged. ¦ Considerations: The requested change to the Comprehensive Agreement does not allow the Developer to convey the Parking Garage before it is complete and ready for occupancy. The Parking Garage will have a certificate of occupancy and be ready for use by the public as soon as the City installs revenue collection equipment. No certificate of occupancy for the Parking Garage will be issued unless and until the Parking Garage can be operated as a public parking facility consistent with all applicable codes and regulations. If the amendment is approved, the City would potentially gain use of the Parking Garage for public parking several months earlier than under the original terms of the Comprehensive Agreement. The term of the Lease (and the Apartments' exclusive right to use the leased spaces) wlll not commence until the Apartments have received a certificate of occupancy. Therefore, if the Parking Garage is acquired prior to completion of the Apartments, the City will have the additional benefit of using all the parking spaces in the Parking Garage until the Apartments are complete. The date all of the Improvements must be completed remains the same - December 31, 2015. ¦ Public Information: Advertisement of City Council Agenda. ¦ Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by Council. ¦ Attachments: Ordinance Amended Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manage . (C City Manager - ??6 vl-? 1 AN ORDINANCE AUTHORIZING A MODIFICATION 2 TO THE TERMS OF THE COMPREHENSIVE 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND 25T" STREET ASSOCIATES, LLC TO 5 ALLOW FOR THE SALE OF THE COMPLETED 6 PARKING GARAGE BEFORE COMPLETION OF 7 THE OTHER IMPROVEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") and 25th Street Associates, 10 LLC ("25th Street") are parties to a comprehensive agreement dated as of February 28, 11 2013 (the "Comprehensive Agreement"). The Comprehensive Agreement provides for 12 the development of various improvements on a 2.18-acre parcel located at 310 25th 13 Street between Pacific and Arctic Avenues (GPIN 2427-09-5787), formerly utilized as a 14 municipal parking lot (the "Property"); 15 16 WHEREAS, the Comprehensive Agreement was approved by City Council on 17 February 12, 2013, by Ordinance ORD-3263S, pursuant to the process set forth in the 18 Virginia Public-Private Education Facilities and Infrastructure Act of 2002 ("PPEA") and 19 the City guidelines adopted pursuant to the PPEA; 20 21 WHEREAS, as set forth in the Comprehensive Agreement, 25th Street has 22 purchased the Property from the City and is undertaking the construction of the 23 following improvements (collectively, the "Improvements"): 24 25 1) Apartment complex with 147+/- units(the "Apartments"); 26 27 2) "iFly" entertainment facility consisting of 8,000+/- sq. ft. (the 28 "Entertainment Facility"); 29 30 3) Commercial space of 2,500+/- sq. ft. (the "Commercial Space"); 31 and 32 33 4) Structured parking garage containing 565+/- parking spaces, of 34 which approximately 347 would be dedicated for use by the general 35 public (the "Parking Garage") 36 37 WHEREAS, the City is to acquire the Parking Garage on the completion of all the 38 (mprovements; 39 40 WHEREAS, 25th Street has requested a change to the Comprehensive 41 Agreement to provide that the City will acquire the Parking Garage upon completion of 42 that element, even if the remaining Improvements are not yet complete; 43 44 WHEREAS, an Amended Summary of Terms setting forth the details of the 45 proposed change and the current terms of the Comprehensive Agreement is attached 46 hereto as Exhibit A, and made a part hereof; and 47 WHEREAS, City Council is of the opinion that proposed amendment to the 48 Comprehensive Agreement would not prejudice the interests of the City and would put 49 the parking garage into use by the public earlier than if the Comprehensive Agreement 50 were not amended. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA: 54 55 That the City Manager is hereby authorized to execute an amendment to the 56 Comprehensive Agreement, so long as such amendment is in substantial conformity with 57 the Amended Summary of Terms, and such other terms, conditions or modifications as 58 may be acceptable to the City Manager and in a form deemed satisfactory by the City 59 Attorney. 60 61 This Ordinance shall be effective from the date of its adoption. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 64 of 12014. APPROVED AS TO CONTENT ? 4tegic Gr ?wt 'Alea Offic APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - City Attorney it Manager CA12-?&7(j37:?- \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D030\P011 \00013007.DOC R-1 February 28, 2014 EXHIBIT A AMENDED SUMMARY OF TERMS 25th STREET DEVELOPMENT PPEA COMPREHENSIVE AGREEMENT PROPOSED AMENDED TERMS: Acquire parking garage for $7.65MM, plus Incentive Payment (defined below) on completion of Parking Garage, even if the other improvements are not yet complete. • City to have right to use entire parking garage until apartments are complete. • All other terms set forth in the Comprehensive Agreement (described below as "Current Terms") remain unchanged. CURRENT TERMS: City: City of Virginia Beach Developer: 25th Street Associates, LLC Property: 2.18 +/- acre municipal parking lot at 310 25th Street between Pacific and Arctic Avenues (GPIN 2427-09-5787). Agreement: "Comprehensive Agreement" between the City and Developer, pursuant to the Virginia Public-Private Education Facilities and Infrastructure Act (the "PPEA") and PPEA Guidelines adopted by City Council. Project Description: Developer to purchase the Property from the City for $7.65MM. After purchase, Developer to construct 147 +/- apartment units, "iFly" entertainment facility, 2,500+/- sq. ft. of retail space and a 565 +/- space parking garage (collectively the "Improvements"). • City to purchase parking garage upon completion, for $7.65MM plus Developer's right to receive the Incentive Payment, defined below, subject to Developer's lease of 221 +/- parking spaces. The exact number of parking spaces leased to be Page 1 of 3 determined based on final number of apartment units and parking spaces constructed but in no event shall lease to Developer be for more than 230 spaces City to operate parking garage and Developer to operate the balance of the Improvements. Garage Operations: • Developer to contribute approximately 37% of the operations and maintenance costs associated with parking garage annually. • City to be responsible for operations of the entire parking garage. • Developer to lease 221+/- parking spaces for a term of 40 years at $1 per year (exact number to be equal to 1.5 spaces per apartment unit constructed, with a 230 space cap). [Current estimate - 216] • Developer to pay $70 per space, per year (adjusted by the CPI beginning in year 11) for capital reserves. Incentive Payment: • Developer to receive a reimbursement incentive payment equal to 90% of admissions taxes collected at the iFly facility. • Incentive Payrnent expected to be capped at a total of $2.1MM. • Exact amount to be determined based on actual cost of construction of the parking garage. $2.1MM cap subject to adjustment of 15% up or down. • Incentive Payment equals the difference between (a) all reimburseable costs of contruction of the parking garage (as described in the Comprehensive Agreement), and (b) fifty-five percent (55%) of the purchase price of the Property ($4,207,500), but shall remain subject to the cap of $2.1MM, including interest. Rights and Responsibilities of City: • Subdivide the Property into three parcels prior to sale to Developer. Aeqtiir-e 1' for- 4'1 4GAiTTiT 1 T i u? 'v 7 r • City to pay 45% or $250,000, whichever is less, for total costs of landscaping and streetscape improvements for the entire block. • City to make annual Incentive Payrnent. Page 2 of 3 • City to operate parking garage (except for spaces leased to Developer) as a public parking garage. Rights and Responsibilities of Developer: • Acquire Property from City for $7.65MM (occurred 2/26/14). • Obtain all permits and zoning approvals for Improvements. • Pay all development costs of Project. • Complete construction of all Improvements before December 31, 2015. Page 3 of 3 ?'' . - .? ,? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Amendment No. 5 to the Multi-Year Agreement Between the United States of America and the City to Prevent Encroachment and Incompatible Development In The Vicinity Of Naval Air Station Oceana (NAS Oceana) Approved by ORD-300013, ORD-3178D, and ORD-3259P MEETING DATE: March 11, 2014 ' Background: Pursuant to Ordinance 3000B, adopted on September 25, 2007, the City entered into a multi-year agreement with the United States of America, Department of the Navy (the "Navy") in which the parties agreed that the City would convey to the Navy restrictive easements over property the City acquires in the Inter- facility Traffic Area (the "ITA"), and the Navy would pay the lesser of the fair market value of the easement or 50% of the City's acquisition cost of each ITA property (the "Encroachment Partnering Agreement„). The Encroachment Partnering Agreement was amended by Ordinance 3053C adopted on September 23, 2008, Ordinance 3178D adopted on May 10, 2011; and ORD-3259P adopted on September 11, 2012. To date, the City has sold easements to the Navy pursuant to the Encroachment Partnering Agreement totaling approximately $11 million and coverirg 1,437 acres. The parties amended the Encroachment Partnering Agreement ir, 2012 to extend the Agreement between the City and the Navy until March 31, 2014. The City's ITA acquisitions are ongoing, and the Navy has additional funds resereied for this project. Therefore, the parties would like to enter into Amendment No. 5 to the Encroachment Partnering Agreement to extend the term up to five (5) additional years, through March 31, 2019. The City has amended the Encroachment Partnering Agreement four (4) times to accomplish various process adjustments, to extend the initial term, and to expand the program into the Rural AICUZ Area (RAA). ' Considerations: Amending the Encroachment Partnering Agreement is in accordance with the City's ongoing efforts to partner with the Navy to retain NAS Oceana as the East Coast Master Jet Base and is an effective means of accomplishing the shared goal of preventing future encroachment around the bases. The ITA and RAA are areas that are largely undeveloped and present the best opportunity to prevent future incompatible development. • Recomendations: Authorize the City Manager to execute an amendment to the Encroachment Partnering Agreement with the Navy. ' Attachments: Ordinance and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager• ?\\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d004\p017\00108315.doc 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NO. 5 TO 3 THE MULTI-YEAR AGREEMENT BETWEEN THE 4 UNITED STATES OF AMERICA AND THE CITY TO 5 PREVENT ENCROACHMENT AND INCOMPATIBLE 5 DEVELOPMENT IN THE VICINITY OF NAVAL AIR 7 STATION OCEANA (NAS OCEANA) APPROVED BY 8 ORD-300013, ORD-3178D, AND ORD-3259P 9 lo WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 11 September 25, 2007, the United States of America, Department of the Navy (the 12 "Navy") and the City entered into a Multi-Year Agreement on September 27, 2007, in 13 which the Navy and the City agreed that the City would convey to the Navy restrictive 14 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 15 and the Navy would pay the lesser of the fair market value of the easement or 50% of 15 the City's acquisition cost of the ITA properties (the "Encroachment Partnering 17 Agreement"); la 19 WHEREAS, as authorized by Ordinance ORD-3259P, adopted on September 11, 2 0 2012, the City and the Navy modified the Encroachment Partnering Agreement to 21 extend the Agreement until March 31, 2014; 22 23 WHEREAS, the City and the Navy wish to further modify the Encroachment 24 Partnering Agreement to extend the Agreement for up to an additional five (5) years 25 (through March 31, 2019); 26 27 WHEREAS, all of the other terms of the Encroachment Partnering Agreement, as 28 amended previously, will remain the same; and 29 30 WHEREAS, the City Council finds that amending the Encroachment Partnering 31 Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 32 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 33 accomplishing the shared goal of preventing future encroachment around the bases. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute Amendment No. 5 to the 39 Encroachment Partnering Agreement to the extent such modifications are in substantial 40 conformity with the Summary of Terms attached hereto as Exhibit A and incorporated 41 herein and such other terms, conditions or modifications as may be acceptable to the 42 City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 day of , 2014. CA12780 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d004\p017?00108320.doc 2/26/14 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? City 4Atto ey' O i Planning Department EXHIBIT A SUMMARY OF TERMS OF THE MULTI-YEAR AGREEMENT, AS AMENDED, BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach (the "City") and The United States of America, acting through the Department of the Navy (the "Navy") Terms: Property Interests To Be Conveyed: City may convey to the Navy restrictive easements over property the City acquires in the Inter-facility Traffic Area (the "ITA") and in the Rural AICUZ Area ("RAA"). If the City purchases property from willing sellers in the ITA and the RAA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a"Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi- Year Agreement (copy attached hereto as "Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone Sale Price: The Navy will pay to the City the lesser of: (a) 100% of the fair market value of the easement or (b) 50% of the City's acquisition cost of each ITA or RAA property. Funding/Other: The Navy will provide initial funding in the amount of $3,000,000 and the Marshview property, and such additional funds as are approved and appropriated by the United States. Term: Original term: September 27, 2007 to September 26, 2012. Extended term: Through March 31, 2014. Appraisals & Surveys: Navy and City to share costs (50% each) of the appraisals and surveys necessary to complete the transactions. Terms of Amendment No. 5: Amends the Encroachment Partnering Agreement to: Extend the Agreement for up to an additional five (5) years (through March 31, 2019). • All other terms of the Encroachment Partnering Agreement, as previously amended,, remain the same. \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d004\p0 17\00112402.doc 2 EXHIBIT A -r..L,.. 4r..,...., 117n 9 1 ane L aui%' ii.,i,i ? z,? TABLE 1- AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N ManufactuYing Food & kindred products; manufacturing Y 1' Textile mill products; manufacturing Y y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing y y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing 1' 1' Paper and allied products; manufacturing 1' 1' Printing, publishing, and allied industries 1' Z' Chemicals and allied products; manufacturing y 1' Petroleum refining and related industries 1' I' Rubber and misc. plastic products; manufacturing 1' 1' Stone, clay and glass products; manufacturing y 1' Primary metal products; manufacturing y I' Fabricated metal products; manufacturing 1' 1' Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks y y Miscellaneous manufacturing y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation 1' Y Aircraft transportation y Y Marine craft transportation y I' Highway and street right-of-way 1' 1' Automobile parking I' Y Communication y Y Utilities 1' Y Other transportation, communication and utilities 1' Z' Trade Wholesale trade Y Y Retail trade - building materials, hardware and farm equipment Y Y Retail trade - general merchandise Z' 1' Retail trade - food y Y Retail trade - automotive, marine craft, aircraft and accessories Y Y Retail trade - apparel and accessories 1' 1' Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments y 1' Other retail trade y Y Finance, insurance and real estate services 1' 1' Personal services 1' 1' Cemeteries Y Y Business services Y Y Warehousing and storage I' Y Repair services Y Y Professional services y Y Hospitals, other medical fac. y N Nursing homes N N Contract construction services 1' Y Government services Y Y Educational services I' N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls 1' N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Z' N Other outdoor recreational facilities 1' y Indoor recreational facilities y y Campgrounds y N Parks y N Other cultural, entertainment and recreation 1' N Resource Production and Extraction Agriculture (except live stock) y y Livestock farming y N Animal breeding 1' N Agriculture related activities 1' I' Forestry activities Y Y Fishing activities Y Y Mining activities y Y rOther resource production or extraction 1' y .,??e?qe •, •''? k?i CITY OF VIRGINIA BEACH AGENDAITEM , 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 Vanguard Landing, Inc. MEETING DATE: March 11, 2014 ¦ Background: On December 19, 2001, Nancy Ellen Williamson ("Williamson"), owner of a parcel of land located at 2036 Princess Anne Road (GPIN: 2413-19-9845) (the "Williamson Parcel"), placed the said parcel in the City`s Agricultural Reserve Program ("ARP"), by conveying an ARP preservation easement to the City (the "Preservation Easement"). By deed recorded as Instrument No. 20140220000144120, Williamson conveyed the Williamson Parcel to Vanguard Landing, Inc., a Virginia non- stock corporation ("Vanguard"), subject to the Preservation Easement (the . Vanguard also owns a parcel of land located at 2020 Princess Anne Road (GPIN: 2413-19-6111) (the "Vanguard Parcel"), which is adjacent to the Williamson Parcel. Vanguard proposes to develop the Vanguard Parcel and the Williamson Parcel into an agrarian-style mixed-use facility for citizens with intellectual disabilities. To ensure that the non-agricultural activities are located outside the Preservation Easement, Vanguard requests that the City release approximately 500,543 sq. ft. (11.491 acres) from the Preservation Easement, shown as the double hatched area on Exhibit A attached to the Ordinance, and designated as "DENOTES PROPOSED AREA TO BE RELEASED FROM ARP EASEMENT 500,543 SF OR 11.491 AC" (the "Released Area"), in exchange for placing approximately 518,527 sq. ft. (11.904 acres) of the Vanguard Parcel, shown as the single hatched area on Exhibit A, and designated as "DENOTES PROPOSED AREA TO BE ADDED TO ARP EASEMENT 518,527 SF OR 11.904 AC" (the "Exchanged Area") into the ARP, under the Preservation Easement. ¦ Considerations: This exchange would increase the Preservation Easeme.nt area by approximately 17,984 sq. ft. (0.413 acre). The appraiser who appraised the Williamson Parcel for the original ARP purchase in 2001 has stated, by letter dated March 3, 2014, that there is no difference in the current market value of the Released Area and the Exchanged Area. Additionally, Vanguard has been notified that it will need to comply with all requirements of the City's zoning and subdivision ordinances prior to beginning construction on its property not subject to the Preservation Easement. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by Vanguard, 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 Exchanged Area in lieu of the Released Area does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Exchanged Area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the Exchanged Area 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 Released Area; and (4) the consideration for the acquisition of the Exchanged Area consists solely of the extinguishment of the Released Area. The proposed ordinance authorizes and directs the City Manager to execute the documents necessary to affect the exchange as described herein. Such direction is subject to the City Attorney's determination that there are no defects in title to the Exchanged Area to be placed under the Preservation Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. ¦ Public Information: Advertisement of City Council Agenda. ¦ Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. ¦ Recommendations: Approval. ¦ Attachments: Ordinance Plat (Exhibit A) Location Map Recommended Action: Approval Submitting Department/Agency: Agriculture City Manager: v '. 11? (Y71 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 VANGUARD g LANDING, INC. 7 8 WHEREAS, on December 19, 2001, the City of Virginia Beach (the "City") and 9 Nancy Ellen Williamson ("Williamson") entered into IPA #2001-41, whereby the City 10 acquired an Agricultural Lands Preservation Easement (the "Preservation Easement") upon 11 property owned by Williamson located at 2036 Princess Anne Road (GPIN: 2413-19-9845) 12 (the "Williamson Parcel"); 13 14 WHEREAS, by deed recorded as Instrument Number 20140220000144120, 15 Williamson conveyed the Williamson Parcel to Vanguard Landing, Inc., a Virginia non- 16 stock corporation ("Vanguard"), subject to the Preservation Easement; 17 18 WHEREAS, Vanguard also owns a parcel of land located at 2020 Princess Anne 19 Road (GPIN: 2413-19-6111) (the "Vanguard Parcel"), which is adjacent to the Williamson 20 Parcel; 21 22 WHEREAS, Vanguard proposes to develop its property into an agrarian-style mixed- 23 use facility for citizens with intellectual disabilities: 24 25 WHEREAS, to ensure that non-agricultural activities are located outside the 26 Preservation Easement, Vanguard desires the City release a portion of the land currently 27 encumbered by the Preservation Easement over the Williamson Parcel containing 28 approximately 500,543 sq. ft. (the "Released Area"), in exchange for adding a portion of the 29 Vanguard Parcel consisting of approximately 518,527 sq. ft. (the "Exchanged Area") to the 30 Preservation Easement, both areas more specifically shown on the plat attached hereto as 31 Exhibit A; 32 33 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation 34 Ordinance (hereinafter "Ordinance"), a landowner may petition the City Council for the 35 extinguishment of a Preservation Easement in exchange for the conveyance to the City of 36 a Preservation Easement on a different portion of the landowner's property, under certain 37 conditions set forth in the Ordinance; 38 39 WHEREAS, the Ordinance provides that the City Council shall approve such an 40 exchange if it makes certain findings enumerated in the Ordinance; and 41 42 WHEREAS, the City Council does hereby make such findings, to-wit: 43 44 (1) the acquisition of the proposed Exchanged Area in lieu of the Released Area 45 does not adversely affect the City's interests in accomplishing the purposes of the 46 Ordinance; 47 (2) the proposed Exchanged Area meets all of the eligibility requirements set 48 forth in Section 7 of the Ordinance; 49 50 (3) the Exchanged Area is of at least equal fair market value, is of greater value 51 as permanent open space, and of as nearly as feasible equivalent usefulness and location 52 for use as permanent open-space land as the Released Area; and 53 54 (4) the consideration for the acquisition of the Exchanged Area consists solely of 55 the extinguishment of the Released Area. 56 57 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 58 VIRGINIA BEACH: 59 60 That subject to the determination of the City Attorney that there are no defects in 61 title to the Exchanged Area or other restrictions or encumbrances thereon which may, in 62 the opinion of the City Attorney, adversely affect the City's interests, the City Manager is 63 hereby authorized and directed to execute the necessary documents pursuant to which the 64 City releases the existing Preservation Easement on the Released Area, as shown on the 65 plat attached hereto as Exhibit A and incorporated herein, and acquires, in exchange 66 therefore, the Exchanged Area, as shown on said plat. 67 68 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of gg )2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dept. of Agriculture b G C, City Attorne CA12934 \lvbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D024\P017\00112544. DOC R-1 March 3, 2014 EXHIBIT A (Paqe 1 of 3) Z ? Z ? N J ? 0 0 w ? .0 -o ?o o °- J rn o o ? ? m ? m a ,o?2?s A/2 N 31'49'47" ?J co 0)? i Z Z213.79' ' N31'S1'04"E? -?, ? ? c,, ? 2 O1.20' a? c; (A o -P, o Z O? ?I z -? 0) I C/) . CY) ?c_ N 27'09 '57" E L4 Z ° 144.60' O 4, CJl rn -? ?! ? m-p ODZ ? cn m I O Cn ?I ? ?J N D N II A N CD U' Z?. C? ? W C.? m W I J O ? O r ? ??0 -u ?G?D Ui N rn c,a? DOC) c?ow? " c?n v'- cn U' ? - m - 9 N ? -? ?`?a ? 110 ? 223.07° S27'59'10"W m rn?? D D 1 I, o z CO ? ? I?j (n 0) ?? N N m NJ O cc (D _ o ;;u ? ?a?o w? o w o??? C ? O?? N I ? D° I m C ?R rtl-l m I n-P?O n v I C ? 1z, r? ::? I ? -' I C ? N1 0 ? \ ? .r, (n S 2536'05" W C O??U' ? 150.00' I ? ?? ?-o w cWn ?b U, o ? Ai w rnui :? v ? u¦?r?_,__.? ?¦?-•?c!¦? ? m D ; ) ? ¦¦?¦¦?¦¦ D ? Z O Z ? 0 m Z m ? m a? W ? -? ? ?m r *? Z n -4 Di 2 ? y 0 ?a) Z m fTi m D --I ? -4 '? D ?DC -i z n ? rn ? ? ? W o p P 2 W N O o m oo . m N ? Z j ? o ? ? W AC ? ?ZN ? ?Z '?;N ^ DO ? N` CO N r m m ? n1 D a ? v Il p N ? O W /°JWNac 3 S ANNE RpAO N.4R/sJBLE' /!lOTf/ R ) ?FORMERL Y PUNGO ROKOi lORGNIA RO(/TE 615 (449 25, PG 65? ?MB >2, j PG ( 55? o ?Mazs? Pc z2J l a 2ao, Pc 10) 00 j ) N 31'49'38 367 20' E N 32'16'33" E ??' .1 , 297.96' \ /n/r _ SFF _S'HFFT 9 o V 0 v? ? vm? ' ? I a? 0 ??? ? D rn c') ri -?p Zr? ? "'-Zix a a = ? o oo :n 0 D ? -0 ^ o r m ° ? ^ c?.? a ? a ? . "?-•_ ?Z5 r- o ??°m o?o° m ?y ?m " ? „'? Z Z] ?v0. m O? Z COp ?mrn? Z ? ?l °* ° ? ° N ? ? ? r i a? ° ? ? "' ? M t r? ?? m i r Dm c .? co ^ c n?? ? N ? -0 m? "Q ytzDz ci? m 17 0-1 ;0 D? x -- 0? At, ?a zx? c j < x omo ? ? ?o m a3.-n,? a?,? ,i cr, ?;;u O ;? :?o O D D ? c0 O D K ;0 rCl) o "' = i`' m D r*i c? D n m ?? m ° ? o z ? 2 MA TCHL/NE - SEE SHEET > EXHIBIT A, T rn Iw ? IN C ? -? ? v m ? ?w ?w $? om ? ad :,- - ?OC w? A ? ? N N ? A v N m m ? N O ?l (A C/) ? ?wl N ? ?O? .l ? ? rri D D ? z ° orn Z o < r?n - O D 0m ? W Z "Tl m D 0 X ? D= ? C: ;0 ao rri ? ? ?? ? -<D-iZ ? D mmcn ^ + ili=m ° m Do ? ? O ? rn9 V KZ ? ?W -lZN c? ?Z ? ' t D 0 ? vyT IV ? rn o v ? (.n ?0? ??Wo Nmmm J> Dtn oT m ?? ? O o LI, ? m 0 > ;u D m 0 D ?D0 (D D-10 ;u m o?Om ?0 z oz rTi ?DO ?DmO ?(n N fnM tn Nm? ?mm? 9ZO pZDO ? - ? ? ? ? 0 ,P?m -' ?m omv :A ?o ?DD ? ?D r? m > m D Z n D 0 0 m 0 EXHIBIT A ,o..,.,. ? „f ?? Vanguard Landing, Inc. Property ?. i Yi? ? Gp?N Z?13. ?998 G'°?N ? 3.19, 61?? ? 5 ? ^•. a ? I ? ,J.--;b? LOCATION MAP ? s <. ,..T. . 4?: de . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Befinreen the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: March 11, 2014 ¦ Background: In 2013, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $149,678.46, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, and January 22, 2013. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. ¦ Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $149,678.46. ¦ Public Information: No special advertising is required. ¦ Recommendations: Adoption of Resolution ¦ Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Departme? City Manager: <Z?" 14 '?? 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; and 14 15 WHEREAS, since its inception of the ARP, approximately 9,223.61 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; and 18 19 WHEREAS, the General Assembly, by Chapter 806 of the 2013 Acts of 20 Assembly, has appropriated $1,000,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City incurs in 31 the course of purchasing ARP easements; and 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $149,678.46, for a period of two (2) years from the date of the agreement; and 37 38 WHEREAS, a copy of the proposed agreement befinreen the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2013 (the 41 "Agreement"), is on file in the City Clerk's Office; and 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement befinreen the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2013, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of , 2014. Approved as to Content: Approved as to Legal Sufficiency: 0??--- Dept. of Agriculture City Attorney CA12781 \\vbgov. com\dfs1 \applicationslcitylawprod\cycom32\wpdocs\d003\p013\00000033.doc R-1 February 12, 2014 2 EXHIBIT A Summarv of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $885,467.41 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 - $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11 - 54,247.37 1/24/12 - 110,952.46 1/22/13 - 160,715.64 The City is now eligible to receive an additional $149,678.46 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $149,678.46 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. Enforce terms of each ARP easement. If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is finro years from the date of the Agreement (December 31, 2013 through December 31, 2015). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perForm any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 ,?.,...,_ f + {?" ?7J C .?.'°^, ; • ? ? °?, ? „?ma CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to Increase Appropriations to the Risk Management Internal Service Fund to Pay Insurance Premiums and Workers' Compensation Claims MEETING DATE: March 11, 2014 ¦ Background: The City maintains a number of internal service funds which function in a manner similar to a small business. Goods or services are provided to departments, and the internal service fund bills the department for the costs and overhead. The Risk Management Internal Service Fund accounts for automobile, general liability and workers' compensation insurance premiums and self-insurance costs. Much like the other internal service funds that the City operates, the costs associated with Risk Management are billed to and paid by the using departments. The Risk Management Internal Service Fund Budget for FY 2013-14 is $12,040,488. It is projected based on the current spending pattern that actual expenses will total $15,840,488, or $3,800,000 greater than current appropriations. Workers' Compensation premiums and claims costs during the current year are the primary reason for the excess costs. The City is self-insured for the first $1,000,000 of each Workers' Compensation claim. Due to the severity of several claims, and because medical costs in Virginia for Workers' Compensation are not constrained by any fee schedule or tied to Medicare reimbursement rates, medical costs are rising more rapidly. Providers are permitted to charge rates without regard to health insurance discount rates or Medicare reimbursement schedules. There have been legislative unsuccessful or deferred attempts to tie Workers' Compensation to Medicare rates, such as HB946 in the 2014 General Assembly. ¦ Considerations: These funds will be used to cover Workers' Compensation claims for injured employees and other fund obligations. The attached ordinance is a request to appropriate $3,800,000 to the Risk Management Internal Service Fund for FY 2013-14. The Department of Finance has this amount in billings from the using departments, but it requires an appropriation to make those expenditures anticipated for the balance of the fiscal year. ¦ Public Information: Public information will be coordinated through the normal Council agenda process. ¦ Recommendation: Adopt the attached budget amendment. ¦ Attachment:Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager• 1:?" ? 1 AN ORDINANCE TO INCREASE APPROPRIATIONS TO THE 2 RISK MANAGEMENT INTERNAL SERVICE FUND TO PAY 3 INSURANCE PREMIUMS AND WORKERS' 4 COMPENSATION CLAIMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $3,800,000 is hereby appropriated, with revenue from fund balance (cash 9 balance) of the Risk Management Internal Service Fund, to the FY 2013-14 Operating 10 Budget's Risk Management Internal Service Fund for insurance premiums and Workers' 11 Compensation payments. 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: Budget and Management Se ices APPROVED AS TO LEGAL SUFFICIENCY: CA12901 R-1 February 26, 2014 ?p? ... r. Cy. r.-> yzi s=- ;.'>R "•e+.n,.<".. CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Transfer Funding within the FY 2013-14 Schools Operating Budget MEETING DATE: March 11, 2014 ¦ Background: At its February 18th meeting, the School Board adopted a resolution requesting that City Council approve a transfer from various classifications to the technology classification. All of the impacted classifications are within the Schools Operating Fund (Fund 115). Because the requested transfers are between the major classifications, City Council approval is required. ¦ Considerations: The School Board's resolution requests the following transfers, totaling $439,731: o$120,678 from Instruction to Technology; o$3,562 from Administration to Technology; and o$315,491 from the Operations and Maintenance to Technology. The Schools budget remains balanced, and this transfer will not change total appropriations for Fiscal Year 2014. The purpose of the transfer is to enable purchases of iPads, printers, printer cartridges, computers, monitors, computer supplies, laptops, computer software, license fees, and technological services. ¦ Public Information: Information will be communicated to the public through the normal Council agenda process. ¦ Attachments: School Board Resolution; Ordinance Submitting Department/Agency: Virginia Beach City Public Schools City Manager: ? ` ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2013-14 SCHOOL OPERATING BUDGET WHEREAS, the School Board requests, by resofution adopted February 18, 2014, a transfer of funds from various classifications to the technology classification to purchase iPads, printers, printer cartridges, computers, monitors, computer supplies, laptops, computer soffinrare, license fees, and technological services; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $439,731 is hereby transferred within the FY 2013-14 Schools Budget (115 Fund) in the amounts set forth below: 1. $120,678 from the Instruction Classification to the Technology Classification; 2. $3,562 from the Administration Classification to the Technology Classification; 3. $315,491 from the Operations and Maintenance Classification to the Technology Classification. 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: *Services .1 Budget and Managemen, City s O ice , CA12900 R-1 February 26, 2014 i R????????TY NILIC S ? A H E A o a F T N E C U R Y E School Baard of the Gity of Vrginia Beach 2512 George Mason brive P.O. Box 6038 Yrginia Beach, VA 23456-0038 (757) 263-1016 I Sheila S. Magula, Ed.D., -Superintendent Daniel D. "Dan" Edwards, Chairman Qisbict 2 - Kempsville William J. "Bill" Brunke, N, Yice-Chairtnan District 7 - Princess Anne Beverly M. Anderson, At Large Emma L. "Em° Davis, District 5- Lynnhaven Dorothy M. "Dottie" Hvltr, At-Laxge Joe! A. McDonald, District 3- Rose Hali Robert N. °Babby" Melatti, At-Large Samuel G. °Sam° Reid, District 6- Beach Elizabeth E. Taylor, At-t.arge Leanard C. Tengco, District 1- Centenrilie Carolyn D. Weems, District 4- Bayside RESOLUTION REGARDING FY 2013-14 BUDGET AND REQUEST FOR CATEGORICALjFUND TRANSFERS WHEREAS, the Ciry of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Cade of Virginia §22.1-115, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schoots and departments have techna{agy-related spending needs that require categoricalJfund transfers to enabte such purchases such as: iPads, printers, printer cartridges, computers, monitors, camputer supplies, laptops, camputer software, license fees, technologicaf services; and WNEREAS, the fal0owing budget transfers are recommended by the School Administration: • Total of $120,678 fram Operating Fund 115 - Instruction to Operating Fund 115 Technalogy Category • TotaB af $3,562 fram Operating Fund 115 - Administration ta Operating Fund 115 7eehnology Categary • Total of $315,491 fram Operating Fund 115 - Operations & Maintenance to Fund 115 Technology Categary; and WHEREAS, these transfers are also necessary to appropriately expense and account far technalogy-related expenses; and WHEREAS, transfers between categories/funds must be appraved by the City Council prior to expenditure of such funds by the School Board NOW, THEREFORE, BE IT RESOIVED: Thet the School Board approves and affirms the above listed recammended uses af these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown a6ove; and be it FtNALLY RESOLVED: That a capy of this Resolution be spread acrass the official minutes of this School Board, and the Cterk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Baard of the City af Virginia Beach this 18`h day of February 2014 Daniel D. Edwards, Chairman S E A L ATTEST: . ? Dianne P. Afexander, Clerk af the Board K. PLANNING 1. Application of CLASTON LINEBERRY, JR for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO) at 5036 and 5040 Blackwater Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of CROWN CASTLE USA, INC for the relocation of a Non-Conforming Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25, 2014) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: DEFERRAL TO APRIL 8, 2014 3. Application of ERIK HOMES, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code re building regulations at 22°d Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of EBONY PITTMAN for a Conditional Use Permit re Family Child Home Daycare at 2252 Margaret Drive DISTRICT 7 - PRINESS ANNE RECOMMENDATION: APPROVAL 5. Application of AIR STATION GENERAL, L.C. for a Conditional Use Permit re self-storage at 1889 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. Applications of VANGUARD LANDING at Princess Anne Road: a. Conditional Change of Zonin? from AG-1 and AG-2 to Conditional B-lA b. Conditional Use Permits re housing for disabled, commercial kennel, assembly use, indoor/outdoor recreational facilities and horses for hire/boarding DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of the CITY to AMEND the Comprehensive Plan to ADD the Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, AMEND SFA 4, Virginia Aquarium and Owls Creek District, ADD Land Use Guidance for SFA 9 and REVISE the Policy Document DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL f .) NOTICE OF PUBLIC HEARING The regular meeting of the Cily Council of the Ciry of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, March 11, 2014, at 6:00 P.M., at which time the foliowing applications will be heard: BEACH - DISTRICT 6 Erik Homes, LLC Application: Sipeciai Exceotion for Altemative Comoliance to the Oceanfront Resort District Form-Basetl Code. Proposal is to develop ten (20 )units in five (5) buildings that do noi meet the Building Type regulations of the Code at 404, 412, and 414 22n° Street (GPINS 2427084543; 2427083582; 2427083521). Air Station General, L.C. / CITY OF VIRGINIA BEACH Applicatiorr. C'onditional Use rmi for self-storage at 1889 Virginia Beach Boulevard (GPIN 2407468073). PRINCESS ANNE - DISTRICT 7 Ebony Pittman and John T. and Maura Nankervis Application: Conditional Use Permit tor a Family Child Daycare Home with a maximum of twelve (12) children at 2252 Margaret Drive (GPIN 1474863796). Vanguard Landing/ Virginia Beach Professional Firefighters, Ladd Local 2924; Estate of Martha Susan Williamson Cruz; Jackie Lee Vandelinde; Nancy Ellen Williamson, Conditional GhanEe of Zonin¢ (AG1 and AG-2 to Conditional B-1A). Comprehensive Plan - Transition Area. Conditional Use Permits (Housing for the Disabled, Commercial Kennel, Assembly Use, Indoor Recreational Facility, Outdoor Recreational Facility, Horses for Hire, Horses for Boarding at 2016, 2020, antl 2036 Princess Anne Road (GPINs 413098432; 2413196111; 2413191792; 2416199545). Claston Lineberry, 1r. / Roy M. Davis, ET UX and Claston Lineberry, Jr., ET UX Application: Variance 'o the Subdivision Rulatlons 4 4(b) at 5036 and 5040 Blackwater Road (GPIN 1389978355; 1389975349). Crown Castle Usa, Inc. Application: Alt +ion to a Nonconformine Structure (communication tower) on the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333; 1474952149; 1474952088;1474943936). CIiY OF VIRGINIA BEACH Comprehensive Plan Amendment (NOrth General Booth) - Ordinance to Amend the Comprehensive Plan by Adding Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, Amending SFA 4, Virginia Aquarium and Owls Creek District, Adding Land Use Guidance for SFA 9, and Revisingthe Policy Document. All interested citizens are invited to attend Ruth Hodges Fraser, MMC Crty Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at For information call 385-4621. If you are physicalry disabled or visualry Impafred and need assistance at this meeting, please call the CIN CLERK'S OFFICE at 385-430.3. Beacon Feb. 23 and Mar. 2. 2014 23971640 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CLASTON LINEBERRY, JR. (Applicant) / ROY M. DAVIS, ET UX & CLASTON LINEBERRY, JR., ET UX (Owner) Variance to the Subdivision Ordinance, Section 4.4.(b). 5036 & 5040 Blackwater Road (GPIN 1389978355; 1389975349). PRINCESS ANNE DISTRICT. MEETING DATE: March 11, 2014 ¦ Background: The applicant is requesting a variance to the Subdivision Ordinance for the purpose of legally establishing two lots; one of which was created by deed in 1979. The applicant desires to construct a single-family dwelling on one of the parcels; however, a dwelling cannot be constructed until the lots are legally established. ¦ Considerations: In 1965, a plat was legally recorded, creating a 3.01-acre parcel. In 1969, a mobile home was legally placed on the parcel. In 1971, a single-family dwelling was also constructed on the 3.01-acre parcel, which was legal under the Zoning Ordinance at that time. In 1979, a 0.84-acre parcel, on which the single-family dwelling constructed in 1971 is located, was conveyed by deed to the current property owner without recording a subdivision plat, as required. At that time, the mobile home located on the remaining 2.17 acres became a non-conforming structure, as the adoption of the Comprehensive Zoning Ordinance in 1973 changed the regulations pertaining to mobile homes. Mobile homes are now only allowed as an accessory use to a principal residential structure in the Agricultural Districts, when occupied by a family member. A minimum lot area requirement of one acre is required for residential structures in the AG-2 Agricultural District. The proposed parcel for the existing single- family dwelling consists of only 0.84 acres. The proposed subdivision cannot be recorded without a variance to the minimum lot area requirement of one acre. The attached staff report provides specific details pertaining to the request as well as evaluation of the request by staff. There was no opposition to the request. Claston B. Lineberry Page2of2 ¦ 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 subject parcel shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated October 2, 2013 and prepared by Bonifant Land Surveys, Inc. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A subdivision plat shall be recorded prior to the approval of the single-family site plan for Parcel A1. ¦ 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 Manag • V 7:rx-t MINCESE ANNE ??• x-?o Claston B. Lineberr , Jr. AG1 AS'r2 ACQ1 AG2 AG2 AG2 AG2 AG2 , AG1 . ; s A62 - AG1 $ AG2 AOZ •za.+,y? c_sAn.+.q? srwvA.ere. SubdiviSion Variance mv -nykw...i a«ti. noo,. a.r r ? February 12, 2013 Public Hearing APPLICANT: CLASTON B. LINEBERRY, JR. PROPERTY OWNER: ROY M. DAVIS ET UX STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that lots created by subdivision must meet all requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: Property is located at 5036 Blackwater Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1389978355 PRINCESS ANNE 36,518.40 square feet Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The subject site contains an existing single-family dwelling and totals 36,518.40 square feet or 0.84 acres and is zoned AG-2 Agricultural District. In 1965 a plat was recorded legally creating a 3.012 acre parcel, as outlined in red in the above location map. In 1969 a mobile home was legally placed on the 3.012 acre parcel and in 1971 a single-family home was also legally constructed on the 3.012 acre parcel. In 1979 a 0.84 parcel, shown in cross-hatching, containing the existing single-family home was conveyed, by deed, to the current property owner without recording a subdivision plat, as required. The existing mobile home on the remaining 2.17 acres, shown in hatching, then became a non-conforming structure with the adoption of the Comprehensive Zoning Ordinance in 1973. Mobile homes are now only allowed as an accessory use to a principle residential structure, in the agricultural districts, when occupied by a family member. Proposed Lots: It is the intent of the applicant to legally establish the subject lots by recording a subdivision plat in order to construct a single-family dwelling on the remaining 2.17 acre parcel, designated as proposed Parcel A1. A minimum lot area requirement of one acre is required for residential structures in the AG-2 Agricultural District. Proposed Parcel A2, containing the existing dwelling, only contains 0.84 acres and a variance to the minimum lot area requirement is required. Both CLASTON B. LINEBERRY, JR. Agenda Item 6 Page 1 proposed parcels meet the minimum lot width requirement and proposed Parcel A1, which will contain the new dwelling, meets the minimum lot area requirement. The Health Department has approved the construction of the new dwelling on proposed Parcel A1. These sites are located on an unnamed 25-foot city right-of-way. Item RMuimd Parcel A2 Lot Width in feet 150 180.65 Lot Area in square feet one acre 0.83'' "Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Developed with a single-family dwelling SURROUNDING LAND North: . Unnamed City right-of-way USE AND ZONING: • Cultivated fields / AG-2 Agricultural District South: . Single-family dwelling / AG-2 Agricultural District East: . Undeveloped and forested / AG-2 Agricultural District West: . Proposed single-family dwelling / AG-2 Agricultural District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject site as being located within the Rural Area. Although it is not encouraged to create substandard lots within the Rural Area, this site has existed for approximately 35 years with no known negative impacts to the surrounding area. The deviation from the minimum lot area requirement is minimal and will not result in a net increase in density. The rural character of the area is being maintained. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or.self- inflicted hardship shall not be considered as grounds for the issuance of a variance. CLASTON B. LINEBERRY, JR. Agenda Item 6 Page 2 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This is a request to correct a subdivision by deed. It is the intent of the applicant to replace a non- conforming mobile home with a new single-family dwelling on proposed Parcel A1. Proposed Parcel A1 and the adjoining subject parcel, proposed Parcel A2, were created by deed without the benefit of a subdivision plat, as required. A subdivision plat, therefore, must be recorded, legally establishing the parcels. Parcel A2 does not meet the minimum lot area requirement, and a variance is required to establish the lot. The subject site has existed for approximately 35 years with no known negative impacts to the character of the surrounding rural area. The deviation from the minimum lot area requirement is minimal and will not result in an increase in density. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The subject parcel shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated October 2, 2013 and prepared by Bonifant Land Surveys, Inc. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A subdivision plat shall be recorded prior to the approval of the single-family site plan for Parcel A1. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CLASTON B. LINEBERRY, JR. Agenda Item 6 ` Page 3 . L ? .?tl Q ? Z ~• U , . a v !L AiI`' ';'" , ? 1 r {'.," vn '.?•.ti m i.IV r ?."'1, • 1 ? ?-D"ji F ' ?? t t # 4 Y A 4? ? N ? n - !. ? ?. . i .. ? ? . f ? p}7 ? ?, ???? n?.? .?I'• .+ ? ? /\ . . . _ _. . . AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA i? CLASTON B. LINEBERRY, JR. Agenda Item 6 Paqe 4 Ii??I? S..a1 ? s ! 8 ? i ? I M? M I I W ?? II ? I? I li N?I 1 ? ? !1 ------------ 7*------ ? 4 i ' ?? €9 ? : LJ ?va rel--[ zsotz M.%?.ro s 1??! I I ' I I ?•+ ; ,O I;i I !1? + d I I ? I ?- ?' • •• ?i?° ? IIj? I :j ? I , ... .. .. . _ _ ,, e ? ? o m m d ? C2(W?y =?? ? Q q U„ Y ° ? s e PROPOSED SUBDIVISION AND LAYOUT PLAN (Condition 1) CLASTON B. LINEBERRY, JR. Agenda Item 6 Page 5 ZONING HISTORY There is no zoning history to report for this area. CLASTON B. LINEBERRY, JR. Agenda Item 6 Page 6 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, comple#e the #ollowing: 1. List the applicant name foliowed by #he names of all officers, members, trustees, partners, etc. below: (Affach list if necessary) NA 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list if necessary) NA ? 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 applicanf. If #he property owner is a corparation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name fallowed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) Caston B. Lineberry, Jr. and Kate Lineberry Roy M. Davis and Laura Jean Davis 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) NA a Check here if the property owner is NOT a corporation, pa?tnership, firm, business, or other unincorporated organization. & See 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 N-1 If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CLASTON B. LINEBERRY, JR. Agen4 ltem 6 : Page 7 y ? ? ? ? ? ? ADDITIONAL DISCLOSURES L.ist all known contractors or businesses that have or wili provide services with respect to the requested property use, including but not limited to the providers of architectural services, reaf estate services, financial services, accounting services, and legal services: (Attach list if necessary) fj vNr?',4W7 l,a?v'o .SvAvt vs . I/Y<. ? ? ? ? ? ? '"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 befinreen 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 awn or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ApplicanYs Signature Property wner's Signatur if d' erent than applicant) Ct.Asroo 6. ?? NEau2r? S2. Print Name 1-4 v kx, 3 . Is ( L1 t S. Print Name DISCLOSURE STATEMENT CLASTON B. LINEBERRY, JR. Agenda Item 6 Page 8 Item #6 Claston Lineberry, Jr. Variance to the Subdivision Regulations 5036 & 5040 Blackwater Road District 7 Princess Anne February 12, 2014 CONSENT An application of Claston Lineberry, Jr. for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that lots created by subdivision must meet all requirements of the City Zoning Ordinance on property located at 5036 & 5040 Blackwater Road, District 7 Princess Anne. GPIN: 1389978355. CONDITIONS 1. The subject parcel shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated October 2, 2013 and prepared by Bonifant Land Surveys, Inc. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A subdivision plat shall be recorded prior to the approval of the single-family site plan for Parcel A1. A motion was made by Commissioner Hodgson and was seconded by Commissioner Inman to approve item 6 by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 6 by consent. The applicant Claston Lineberry Jr. appeared before the Commission. ? II I ? a !i 1I-. .l. it ii LL `d?. ?3 Il Ilt .?L fp7? `y 6L ? °a d Q?I ? L < ?s '?. ?L S LL ? n. ? a a a a a li ?1 ? _ ?.1 l'L; 61. il tl: lL ?1, lti lL- LL '-` L.L a a a a LL .? a a a a a d Q. Q a a Q? ? LW ? ? ? ??? ?I?'? ii-. ? :_ LL lr d a lr ?L a lC <f a IL GC a I.r d a tC d a - le = . _ a Ci < a Lt? _'. n- i -' a ii °1 a -l a L L C? ?Id n p a?- ? a ? - ? i a Q: a Q a CC a CC a W a tr= a iY. , s tY a fY a ? a ? a ? a ? s ir_ i? u n L.L. S f3. U. a. d ? LL C, n. a a. a x Q a w d u. ? =?. i i s 1. a .+T. n •7. a '7_ a ?-7. I i I 1 II I l.t. I i? 11 rl 11. I1. I I CL l1 ? OD I I- lI? I '. z ? ? Z i ? a . -. I W Z p a? CL ? „ ?- n. TM 0 Q N ? 0 0 Q a il n \ _ a a a a a. N? r a cL a CL L.L a a aa~? ` a- ???? -???x a? =x d < < _;. ?- d [L CL li_ Cl. d CL n. CL Cl. 11 I.L. - ?? CL n ? I' • ? Q ? i I r?f . ? QD p 4) C ? 'i ? 0 .; a t??1 'I ? O O ? a ? ?n ? ?o o? e a C mN Q ?L ? W $ cz +1L , C Q C ? N ? . 1 . 1tilAg?t - ?-j?CS' y?1Cy? ro? d . r'. +a• ? ??`v.y?.r''?•:i? CITY OF VIRGINI BEACH AGENDq ITE _ M ITEM: CROWN CASTLE Nonconformin UsAINC• - Application for an the rear Structure (communication tower , L A?teration to a pOrtions of the lots at 2225 (Aortions of 1474952333• ' 2229, 2231 ?°Cated on an easement within ANNE DISTRICT. ? 1474952149• ' 2233' and 2237 Meadow , 1474952pgg? 1474943936). Ridge Lane MEETING p PRINCESS ATE: March 11, 2014 ? Background: The aPPlicant Pro poses to replace an existin communications tower ti,ith a 2gp_foot hi h , g 285-foot high u ed- g self- g y wire communications requirement of Section towerrhe existing tower sustructurepOrt. ?ng lattice-construction tower have 232 of the Cit does not a minimum Y Zoning Ordinance meet the setback percent of the hei Setback from a residential structureWe ? ulspecifies that a the required ght of the tower, gased minimum setback is 356.25 f ettThe e?Xiin• q alent to 125 dwellings that front on g tOWer hei to a m a x i m u m of et; ahe Rid e s t m g s e t b ack from lhe5 fe e t, 251 fe the re g Lane ranges from a minimum of 180 f quired setback. efore, the tower is non- tower throu A?cordingly, the ro conformin eet Section 105 h the construction of a new t We en a p?acement of the ?eX Stgard to for the relocato(n of a t non ?ty ZOnin neW ?ocation re g Cit , conform? g Ordinance, the approval b qu?res, per y Council s approval. 9 structure. Thus, the apply the City Council ? Considerations: icant is seeking the On February 11 , 2014 the aPPlicant for the ' the City Council deferred this a request by staff for add'tp nal datalowin pplication at the re and to 9 the aPPlicant time to res quest of provide opportunity for discuss onlnwith thehe proposed pOnd to a tower replacement Subsequently, the a prope?y oh,ners. met with the aPPlicant provided staff propertprOpertY oWners. with the requested information and Y owners resulted in According to the a further discuss with the prOpOSals that the a pp??cant, the meetin a deferral of this a prope?h aPPlicant desires to e amit etand pplication to te A ers. Accordin I P?'i? 8 Cit g Y' the applicant is requesting ? Reco Y Council meeting. Allow deferna to? he q Pril 8 CitY Council meeting as requested bY the applicant. CROWN CqSTLE Pa9e 2 of 3 ? Attachments: Location Map Recommended Action: Deferral to Aprit 8' 2014 meeting. Submitting Department/qgency: Planning pe a CitY Mana p rtmen ger: 4 W Z Z a ? N W V Z E d ? ? ? ? .? M G O V ? C O 2 ? 0 .o E Q a d ? ? ya e d 04 : ? ? ? ? 0 ? 0 u V 3 ? e 0 N ? V C ? •,? ` ? O V ? ... r.? t0 ? ? ? Q Z ? Q W ? C O .? w O ? Q a d ? ? ya c d oa ? ? ? ? y C O w ?0 C O U w .? C ?C N ?NU^efi?b JSj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ERIK HOMES, LLC (Applicant/Owner) Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. 404, 412, & 414 22nd Street (GPINs 2427084543; 2427083582; 2427083521). BEACH DISTRICT. MEETING DATE: March 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 allow an alternative to the prescribed form and criteria for a Detached House Building Type, as outlined in Section 2.9 of the Form-Based Code. ¦ Considerations: As specified in the FBC, one Detached House Building Type is allowed as a principal structure on a single lot. As an accessory use/structure, the FBC also allows one ancillary structure for use as a Backyard Cottage per lot. Section 8.1 defines the Backyard Cottage as, "A small self-contained dwelling unit located on the same lot as a Detached House but physically separated from the main house." The living area of the Backyard Cottage is not to exceed the living area of the Detached House or be above 700 square feet. Since the `cottages' of the proposed development exceed the living space limitation by proposing 975 square feet of living space, and the development consists of multiple Detached House Building Types on a single lot, a Special Exception for Alternative Compliance is needed for this proposal. The attached staff report provides specific details pertaining to the request as well as evaluation of the request by staff. 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. 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 site plan entitled "404, 412, & 414 22"d Street Erik Homes Page 2 of 3 Conceptual Site Plan," dated January 8, 2014 (Rev.2) as prepared by Land Planning Solutions. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled "PROPOSED 2.5 STORY BRICK AND FRAM SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes," January 9, 2014, as prepared by J. Bengtson and the drawing entitled "PROPOSED 2 STORY BRICK AND FRAME SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes," dated January 9, 2014, as prepared by J. Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. All interior lot lines shall be abandoned prior to approval of the development site plan. 4. The three existing curb cuts on 22"d Street shall be removed. 5. The applicant shall make all right-of-way improvements as required for 22"d Street and 21St'/z Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. 6. All walkways, patios, and parking spaces shall be constructed of permeable materials. The interior walkways shall differ in appearance from the public sidewalk along 22"d Street. 7. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10.A11 landscaping shown in the right-of-way on the plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. Erik Homes Page3of3 11. Materials shall substantially conform to the standards submitted by the applicant and included as part of this approval. Said standards are undated and entitled "Custom Features," and are on file in the Department of Planning. ¦ 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 Nk ! City Manage . ? ?, ? 7?r-L IF?cH Erik Homcs ?nrt? , g . .? . 2"d }?. ? \?`'- , , ? '? a , . . ?*k ? ,?? A sN ? plq , ?DF?" i ? nq wMCWw.?. qM 90.NS?wia AJ!lm/f%V! COIf1plNJIG1 L4i, February 12, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: ERIK HOMES, L.L.C. STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. ADDRESS / DESCRIPTION: 404, 412, 414 22"d Street GPINS: ELECTION SITE SIZE: AICUZ: 24270845430000 DISTRICT: 20,800 Square Feet 65-70 dB DNL (Sub-Area 1) BEACH 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 allow an alternative to the prescribed form and criteria for a Detached House Building Type, as outlined in Section 2.9 of the Form-Based Code. The subject site consists of three separate adjacent lots. Currently located on each of the lots is a detached residential unit. Each lot currently has a curb cut for vehicular access on 22"d Street and can also be accessed via the alley, 215t %2 Street. Existing vegetation consists of mature deciduous trees, many of which have been repeatedly pruned to avoid the overhead electric power lines. The applicant requests to deviate from the criteria for a Detached House Building Type and construct five structures on the site. As shown in the table below (highlighted in light grey), with regard to dimensional criteria, the proposal is deficient only in upper-story height and the rear parking setback. The principal ERIK HOMES, LLC Agenda Item 5 Page 1 reasons for the request for Alternative Compliance are the size and form of the two rear Backyard Cottage structures (two cottage units in each rear structure), and importantly, the placement of more than one Detached House Building Type on one lot. Detached House Criteria . f2equiretl Proposed Area 3,000 square feet 20,800 SF total Width 4,160 SF er structure 22nd Street Setback (minimum) 30' 160' Total 32' per structure Side + Rear Setback (Common Lot Line) 5 5' Build-To Zone 5 5' ? Building Width in Build-To Zone (Pacific Avenue) 5- 20 ? 5 Parking Setback, Street (minimum) (50%) $? 124.5' (78%) Parking Setback, Rear or Side N?A None proposed Common Lot Line 5, Total Required Parking Spaces o Outdoor Amenity Space ? 6 18 Building Height 20% Approximately 50% Backyard Cottage Height 45' max 35' Ground Story Height Less than 35' 29, 10' 10' (Front Units) Upper Story Height 9' Rear Units Ground Story Transparency (minimum) 10' 8' (Front Units) 9' (Rear Units Upper Story Transparency (minimum) ? 5% Approximately 30% Street Facing Entrance 15% Approximately28°a - 33°a Porch Depth Required Proposed 8' $, The proposal ?n?cludes three three-story Detached Houses (three duplex units, for a total of six front units) fronting on 22 Street, and two two-story backyard cottages (two duplex units, for a total of four units in the rear. The front units have four bedrooms and a footprint of 965 square feet. Exterior materials for the front units include white board and batten; teal/blue cement-fiber siding; white trim; eight-foot high partially transparent dark-stained wooden doors; white columns; and an eight-foot deep porch / balcony on each floor. The rear units have a footprint of 700 square feet and offer only one bedroom and an office. Exterior materials for the rear units include grey cement-fiber siding; white board and batten; white trim; eight-foot tall partially transparent dark stained wooden doors; white columns, an eight-foot dee both floors; quality carriage style garage doors; and shutters. While the rear units have a f ontpor?h and b entrance facing 22"d Street, they also have a covered e n t r a n c e f a c i n g t h e a l ley. The applicant proposes to use an assortment of native beach grasses for foundation and site landscapin as well as a number of small shade trees and large canopy trees. Concrete walkways are proposed to lead from the public sidewalk on 22"d Street to the interior yard and rear units, and continue on to the g parking area and alley. All vehicular access to the site is proposed to be from the alley, 215t % Street. Twelve outdoor parkin spaces and four garage parking spaces are proposed in the rear. The outdoor spaces will be constr cted ERIK F10MES; LLC Agenda Item 5 Page 2 of grass pavers and partialiy covered by trellises. The parking is broken up and separated by the two rear structures. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Three single-family dwellings • 22"d Street North: Single-family dwellings / OR Oceanfront Resort District • 215t '/2 Street, Alley South: Single-family dwellings / OR Oceanfront Resort District East: . Single-family dwellings / OR Oceanfront Resort District West: • Single-family dwellings / OR Oceanfront Resort District NATURAL AND CULTURAL FEATURES: There are no known significant cultural or natural resource features on this site. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. IMPACT ON CITY SERVICES Master Transportation Plan (MTP) / Capital Improvement Proqram (CIP): Access to the site is from 215t /2 Street, which is a minor two-lane alley with a 20-foot right-of-way width. The site fronts on 22"d Street, which is a four-lane minor urban arterial roadway with an 80-foot right-of-way width. There are currently no proposed or ongoing Roadway Capital Improvement Program projects associated with either of these two roadways. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic 22n Street 10,700 ADT 14,800 ADT (Level of Service "C") - 27,400 Existing Land Use 2- ADT (Level of Service 30 ADT «E„ 215 'h Street No Count 6,200 ADT (Level of Proposed Land Use 3 Available Service "C") -11,100 - 87 ADT ADT' (Level of Service «E„ ERIK HOMfS; LLC ' Agenda Item 5 Page 3 Average Daily Trips 2 as defined by three single-family dwellings 3 as defined by ten dwelling units /"Residential Condominium/Townhouse" WATER: This site currently connects to City water. The four existing water service lines shall be used or properly abandoned per Department of Public Utilities standards. There is an existing 6-inch City water line on 22nd Street. There is an existing 6-inch abandoned City water line on 22"d Street. SEWER: This site currently connects to City sanitary sewer and is within a HRSD service area. Project coordination with HRSD is required. The three existing sanitary sewer senrice lines shall be used or properly abandoned per Department of Public Utilities standards. There is an existing 8-inch City gravity sanitary sewer main on 22? Street. EVALUATION AND RECOMMENDATION The applicant is requesting a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code (FBC) to allow deviation from the criteria for a Detached House Building Type, as outlined by Section 2.9 of the FBC. As specified in the FBC, one Detached House Building Type is allowed as a principal structure on a single lot. As an accessory use/structure, the FBC also allows one ancillary structure for use as a Backyard Cottage per lot. Section 8.1 defines the Backyard Cottage as, "A small self-contained dwelling unit located on the same lot as a Detached House but physically separated from the main house." The living area of the Backyard Cottage is not to exceed the living area of the Detached House or be above 700 square feet. Since the 'cottages' of the proposed development exceed the living space limitation by proposing 975 square feet of living space, and the development consists of multiple Detached House Building Types on a single lot, a Special Exception for Alternative Compliance is needed for this proposal. By-right development of this site following the prescribed criteria of the Detached House Building Type is capable of yielding up to five Detached Houses with five Backyard Cottages. By-Right development of this site following the prescribed criteria of the Row House Building Type is capable of yielding up to nine Row Houses, each with a detached rear loading garage. The applicant is proposing a total of five structures which most closely follow the criteria associated with the Detached House Building Type. The three structures fronting on 22"d Street will be used as duplexes and the two rear structures will be used as four backyard cottages units. As shown (in bold) in the criteria table included in the Background portion of this report, the applicant is deficient in upper story height and rear parking setback. To compensate for these deficiencies, the applicant meets or exceeds all other criteria. To build a Detached House Building Type by-right, the lot must be a minimum of 3,000 square feet in area and have a minimum of 30 feet of frontage. The total square feet of lot area provides 4,160 square feet for each of the five proposed structures. With a total lot width of 160 feet, 53.3 feet of lot width will be associated with each of the three structures fronting on 22"d Street. The facades of the front buildings occupy 124.5 feet of frontage within the Build-To Zone (BTZ), for a total of 78% of the lot width, which exceeds the prescribed 50% by 44.5 feet. Furthermore, the proposed facades will have a transparency ratio of 28°/a to 33%, which is double the minimum requirement of 15%. The proposal also more than doubles the required 20% of outdoor amenity space by providing approximately 50%. Staff finds that the applicant has more than balanced the deficiencies in r. . ERIK H0MES, `tLC Agenda Item 5 Page 4 upper story height and rear parking setback by exceeding the minimum requirements for the amount of building faCade located in the Build-To Zone (BTZ), outdoor amenity space, transparency, lot width, and lot area. In addition to exceeding these requirements and to further meet the Oceanfront Resort District Design Guidelines, the proposal includes a variety of high quality architectural and site materials. The FBC specifies the "Detached House" as a"Building Type," and has defined specific lot, placement, height, and form criteria for it in Section 2.9. The FBC specifies the "Backyard Cottage" as a"use," and with the exception of the definition previously noted, the Backyard Cottage does not have any further lot, placement, height, or form criteria. The applicant has chosen to follow the criteria of the Detached House Building Type and provide a much higher quality design for the rear structures. Staff finds that the this enhanced architectural treatment offsets his request to have two backyard cottage units within each rear structure (4 total) rather than one unit per rear structure, and a buildinq footprint of 700 square feet per unit (975 SF of living area) rather than a total livina sqace of 700 square feet. 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 applicanYs proposal meets each: Promotes modes of transportation other than the automobile, including walking and transit. The proposal includes the removal of three existing curb cuts for vehicular access on 22"d Street. The removal of these curb cuts, will allow for 36 feet of additional on-street public parking and will reduce vehicular traffic and congestion on 22"dStreet. All vehicular access to this site will be moved to the alley. The main entrance of each unit is facing 22"d Street and can be accessed directly by the pedestrian from the public sidewalk. The applicant will also be widening the existing three-foot wide public sidewalk to be five feet wide. These aspects of the proposal promote modes of transportation other than the automobile, including walking and transit. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. The proposal obeys the prescribed setback; ground story height; and build-to percentage as defined by Section 2.9 of the Form- Based Code. The proposed eight-foot deep porches will provide a more gradual transition from the private residential space to the public sidewalk. The respective location of the rear units to the front units and the appropriate height, width, and depth of architectural features create a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. To enhance the pedestrian orientation, Staff recommends that the two private walkways leading from the public sidewalk to the alley differ in material, color, or texture from that of the public sidewalks. 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. While this proposal includes only residential uses, it provides a range of square-footage and amenities to accommodate a mixture of residents including families, a single individual, or a couple. If desired in the future, the Detached House Building Type is capable of containing office and retail uses by-right, per Section 5.2 of the FBC. 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. The site is located on a Gateway 3 Frontage. This Frontage allows the Detached House Building Type. The Gateway 3 Frontage is intended for key streets entering the Resort Area transitioning from small scale residential to larger scale ERIK HOMES, LLC Agenda Item 5 Page 5 mixed use. The site layout as proposed meets the intent of the Gateway 3 Frontage. Is physically and functionally integrated with the built environment in which it is located. The applicant is providing a site layout that [among other criteria] meets the prescribed build-to and setback criteria. By meeting these key criteria, the relationship between the site, public sidewalk, and street is 'physically integrated' with the adjacent parcels and surrounding built environment. Furthermore, by removing the curb cuts and moving all automobile access to the alley, the functionality of the site improves for both vehicles and pedestrians. The applicant will also be responsible for improving the northern half of the portion of the alley adjacent to the subject site; said improvement will need to meet current Public Works Standards. By meeting current standards and shifting the automobile access to the alley, the site is "functionally integrated." Advances the goals and objectives of the parking strategy for the District. Per Section 5.3.1(C) of the FBC, the use of a Backyard Cottage requires only one parking space. Per Section 6.2.2(B) of the FBC, each residential unit [of any Building Type] requires two parking spaces (four per front Detached House structure in this proposal). Within the boundaries of the site, the applicant has provided two parking spaces for each front residential unit (four per front Detached House structure) and one parking space for each rear backyard cottage unit (two per rear structure). Through the removal of the three existing curb cuts (36 feet total), the applicant will receive credit for two parking spaces. While these spaces will be for public parking, Section 6.2.5(b) of the Form-Based Code allows them to be counted towards the parking requirement of the proposal. By receiving credit for these spaces, Planning Staff observes that 1.5 parking spaces have been provided for each rear backyard cottage unit (three per rear structure) and finds that the parking requirements per Section 5.3.1(C) and 6.2.2(B) have been met. 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 lim ited. Staff concludes that the proposed use and associated form of the buildings and site satisfy the standards above to the greatest extent possible; therefore, staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Section 7.3.4 of the Form-Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be 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." Such conditions are recommended below. CONDITIONS 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 site plan entitled "404, 412, & 414 22"d Street Conceptual Site Plan," dated January 8, 2014 (Rev.2) ERIK HOMES,'LLC Agenda Item 5 Page 6 as prepared by Land Planning Solutions. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled "PROPOSED 2.5 STORY BRICK AND FRAM SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes," January 9, 2014, as prepared by J. Bengtson and the drawing entitled "PROPOSED 2 STORY BRICK AND FRAME SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes," dated January 9, 2014, as prepared by J. Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. All interior lot lines shall be abandoned prior to approval of the development site plan. 4. The three existing curb cuts on 22"d Street shall be removed. 5. The applicant shall make all right-of-way improvements as required for 22"d Street and 21Sc,h Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. 6. All walkways, patios, and parking spaces shall be constructed of permeable materials. The interior walkways shall differ in appearance from the public sidewalk along 22"d Street. 7. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. 11. Materials shall substantially conform to the standards submitted by the applicant and included as part of this approval. Said standards are undated and entitled "Custom Features," and are on file in the Department of Planning. ERIK HOMES, LLC Agenda Item 5 Page 7 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 meef all applicable City Codes and Standards. All applicable permifs required by the City Code, including those administered by the Department of Planning / Development Services Cenfer 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 contacf 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. ERIK HQMfS; iLC Agenda Item 5 Page 8 ?= .. M a ? n ? m ? L O (Z I a r Y..? AERIAL PHOTOGRAPH OF SITE LOCATION AND SURROUNDING AREA ERIK HOMES, LLC Agenda Item 5 Page 9 "Ai ? • ? ? ? ? ?? ? ? • ! ? ? NI) STREET 1 ? t :--` ? I 21ST HALF STRf:F,T PROPOSED SITE LAYOUT (Condition 1) ERIK HOMES, LLC Agenda Item 5 Page 10 Rear 2-Story Units PHOTO CONCEPT OF ARCHITECTURAL DESIGN ERIK HOMES, LLC Agenda Item 5 Page 11 Front 3-Story Units s?zz_sd; _ i ? (1) o Z_ °'.? J W ? ¢ e? Y? ? I'I;{'(•, '•'i'liii' M? ? } ,!i•'.,y' BUILDING ELEVATIONS OF PROPOSED 22ND STREET DWELLING UNITS (Condition 2) ERIK HOMES, LLC Agenda Item 5 Page 12 »?.? I - ?;?: I .;.? rt I_ ^ -_ - - µl • I sczi=sdi _ I co o z^ O ." - a Q ' .141 J ? W ? ? ? ? BUILDING ELEVATIONS OF PROPOSED 21St'/2STREET DWELLING UNITS (Condition 2) ERIK HOMES, LLC Agenda Item 5 Page 13 WALK WAY PHOTO CONCEPT LANDSCAPING PHOTO CONCEPT ERIK HOMES, LLC Agenda Item 5 Page 14 L??III1??` N. VjLWK i 10NAt s Custom Fea[ures Project: Townhouse and Cottage Homes at 22nd St Design: Coastat Charieston Estimated Sale: $300-410,000.00 Coastal Designed and euilt by Award Winning Builder Impressive 8' Deep -Double- front Porches Hardie Plank and Board n Batten Rich Dark Stained Wood Doors/Porches Cobble/Paver Private Drives and Walkways Anderson/Pella/Marvin Windows w/ shutters 8 foot tali wood French doors 50 year Architectural Roof Shingles No Flood Zone - Low Maintenance Sustainabte Materials Coastal native landscapes - flower beds / trees Private, Trellised Parking IN1 k f2i(_lft 10' First Floor, First Floor Living, Attic Storage - Duplex 9' first floor, 8' second, Large Office Space - Cottage Smooth Drywall walls/ceilings w/ wainscoting Crown Molding in Master/Dining/Lfving/Kitchen Windows and Doors Cased with 5" baseboard Direct Vent Gas Fireplace with Marble, Wood Mantel Master Suite with large walk in closet Smart Wiring - Family and all Bedrooms w/ Centrai Box Ceiling fans w/ lights in all bedrooms and family room Raised panel interior doors by Jeldwen Smoke detecton on each floor and in each bedroom Surround Sound in Family room Interior Fixtures by Ferguson Recessed lighting mcluded: All Baths, Halis, Kitchen Laundry Room with Deep Sink and Cabinets Chefs kitchen designed by Heritoge Woodworks Stainless Appliances by Ferguson Cooktop Pot Filler Kitchen Island with Cabinetry Kohler Nickei and custom chrome plumbing fixtures Granite or Quartz Kitchen Countertops Recessed lights fn Kitchen and Baths Soaker Tub with Porcelain Tile Surround Powder room w/ pedestal sink and wainscoting Double bowl undermounts - Master Bath Tub / shower wtth Ceramic 7ile - secondary Baths F.Nf?RGY SAVW(y5 AND MISCE(.IANEOUS f iA fURFS Trane electric heat and air - w/ gas option 21P• Vrotective wall Sheathing - Moisture Protection Fuil House Recirculating Water System-instant hot Insulated steel raised panel garage door Spray Foam Walis -1" w/ Insulating Batts - energy savings Engineered lumber framing and wall systems NAHB green approved products Sustainable Forestry Initiative supported materials ivnF;r.;,r: t if 5 2-10 year builder warranty by 2-10 WarrantyO r Oh1 1`0 11 Ni tv nrvit Nihi I E 5 LOCATION LOCATION LOCATION Walk to Beach / Shops / Dining / Medical Interstate access / tonvention Center Neighborhood feel - Wndscaped Park on site! MATERIAL STANDARDS FOR DWELLINGS (Condition 11) ERI ; HOMES, LLC Agenda Item 5 Page 15 DENSITY STUDY (Comparison of potential units derived by use of prescribed FBC requirements and by applicant's proposal) ERIK HOMES, LLC Agenda Item 5 Page 16 ZONING HISTORY # DATE REQUEST ACTION 1 11/28/2000 Enlargement of Nonconformin Use Approved ERI ; HOMES, LLC Agenda Item 5 Page 17 Applicant 17isclosure If the appiicant is a corporation, partnershiq firm, bus;ness, or ather unincorporated organiaaian, compkte the foliaving 4. Lisl tfie epplitant neme idlowed by the names of aN o(ficers, members, trustees, partners, elc, beiox+: (Attech tist il necessa+y) Erik Hpmes, ILG;EHk Zfmnxrman, Member;Arger4 Oevefopm8nt COrpbralion of Yuginia, MemDEC:Lawtertce N. Sm'rRh,GFO: Horece P. MdJeW, Jr, Chairman 2. Llsi a11 busines8es that have a parent-subsidiary' or sifilisled busint3s erdW relationship wwith the applicant; (Aftach tut il necvssary) ?Check here K the appkcant ts NO7 a corporstion, partnership, hrm, businesa, or athar unincorporated aganization. Yroperty Owner DisclQSure Compiete this section only rf property o'+Vner is difFerent from apphcant. If the propsrty owner is a corporatien, par[mrahip, (irm, business, a alher unintorporated Organi2a- j tion, complete the fatlowirg? ? E 1. List the property owner nsme lullowed by " narnes of alI offtcers, members,lrustets, parinars. ett. below: (Ai7ach !u1 it necessary) 2. Glst ap busb?e8ses that heva a parenl-subsidiary' or affilieled businesa enti[yz rolationship vvitli the appiicant. (Altach tis1 rl necassary) ?Check here if the propa+rty awner is NOT a caporation, partriership, firm, bus'rness, w other unin- corporetsd organi¢ation. B" Se+e next pegQ for foo"ooea Does an officfal or employee o1 the Gity of Virginia Beach haue an interest in the subyect land? Yes Q,Mo .M 11 ye5, w'hat is the name of the otficial or empbyee and the nature of their interest? DISCLOSURE STATEMENT ERIK HOMES;"°LLC Agenda Item 5 Pago 18 r. i Additianal 1)isclosures Lisi sll known carrtractars or busmesses that haue ar wiil provide services with respect to the requested property use, inciuding but nat limited to the provide+s of archotectural services, real estafe seruices, finanr-ial servic2s, accounting services, anai legal services: (Attoch list if necessarY) LPS Sykes,BaurdOn,Ahem 8 Levy, P.C. WPL 'Parent-subsidiary relationship' rneans 'a relabonship ltiat exists when ons carporation directly ar indir$ctly owns shares posse9sing more than 50 perCent af the votirrg pawer of arother corporaYion." See State and Loca! G+ouernmMt Conilick oi frderests Act, Va. Code § 2.2-3101. ?°Aff'giaked bu9iness entity relationahip' means `a relationshiq, okher than parenl- subsidiary rola#ianship, ihat exists when (i) one business ervtity Fias a contralhng qwner5hip interest in the other business entity, (ii) a controlling oumer in one entity is also a contrpPing dwner in the ' other entity, or (iii) Ettere is shared management or control between the busaness ertititits FaGors that should be consedered rn determining the existence of an affiliated busiress antity relationship includa tfiat the sarne person or substan#ially the same person awn a manage the twa entities; triere are common ar cammingled funds or assets; the business entities share the use of the same ? offices or errsp"es or otherwise share acCrvities, resources or persannel on a regular bases; or there is a#herwise a C1o&e wvrkmg relationship between the entities.' See State and Local ? Govemmem Corn[iet oi lnterestt Act, Va. Code § 2,2-31 01. Certification I cerv(y that the intcrmation contained herein is true and aacurate. , I understand that, upon receipt of notification (poatcard) that the appl"ion has been scheduled ? for pubiic hearing. I am responsible for obtaining and posting the required sign on ithe subject i property at least 30 days prior to the sdtedulad public hearing according to the instructwns in thrs patkage. The undersgned atso consents ta errtry upon the subject property by employe+!5 of the Department af Planning ta phatagraph and view the site for purposes of processing and evaluating fhi a ication Erik Zirnmerman, Member pli t's Signature T Print Name Ptoperty Owner's S+gnaiure (if tiifferent thar, applicant) Prant Name DISCLOSURE STATEMENT ERIK HOMES, LLC Agenda Item 5 Page 19 Item #5 Erik Homes Special Exemption for Alternative Compliance 404, 412 & 414 22nd Street District 6 Beach February 12, 2014 REGULAR An application of Erik Homes for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code on property located 404, 412, 414 22nd Street, District 6, Beach. GPIN: 24270845430000. 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 site plan entitled "404, 412, & 414 22nd Street Conceptual Site Plan," dated January 8, 2014 (Rev.2) as prepared by Land Planning Solutions. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled "PROPOSED 2.5 STORY BRICK AND FRAM SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes," January 9, 2014, as prepared by J. Bengtson and the drawing entitled "PROPOSED 2 STORY BRICK AND FRAME SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes," dated January 9, 2014, as prepared by J. Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. All interior lot lines shall be abandoned prior to approval of the development site plan. 4. The three existing curb cuts on 22nd Street shall be removed. 5. The applicant shall make all right-of-way improvements as required for 22nd Street and 21st % Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. All walkways, patios, and parking spaces shall be constructed of permeable materials. The interior walkways shall differ in appearance from the pubfic sidewalk along 22nd Street. Item #5 Erik Homes Page 2 7. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year- round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. 11. Materials shall substantially conform to the standards submitted by the applicant and included as part of this approval. Said standards are undated and entitled "Custom Features," and are on file in the Department of Planning. A motion was made by Commissioner Hodgson and was seconded by Commissioner Thornton to approve item 5. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 5. Eddie Bourdon appeared before the Commission on behalf of the applicant. ? I ? ? •? F? I ? G W Z Z a (ar? YI W ? z i IL ? ? ? 0 ? •.. ? ? V a .? 12 L ? ? ? ? 0 r ? ? ? a d ? ? ?a c m Oa ? li!I ? ? ? 0 ? b O u 3 ? ? C N °?4;11 ?° > 4> ?- ?..:..... +J?? :'! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EBONY PITTMAN (Applicant) / JOHN T. & MAURA NANKERVIS (Owner) Conditional Use Permit for a Family Child Daycare Home. 2252 Margaret Drive (GPIN 1474863796). PRINCESS ANNE DISTRICT. MEETING DATE: March 11, 2014 ¦ Background: The applicant requests a Conditional Use Permit for an in-home Family (Child) Daycare facility for up to 12 children. The applicant has been operating a daycare facility for two years at this location and has a valid Virginia Beach business license. Home Daycare is allowed without a Use Permit if the number of children cared for does not exceed five. Since the applicant now desires to increase the maximum number of children cared for to 12, a Conditional Use Permit is required. ¦ Considerations: The subject site contains a single-family home located on a 10,710 square foot lot. The rear yard is enclosed on three sides by the fences on the neighboring properties, and ample space for an outside play area is provided. The traffic generated by this use will not negatively impact the surrounding properties. Margaret Drive is a local neighborhood street, and thus, traffic volume is low. Additionally, the drop-off and pick-up times will be staggered to prevent congestion. The driveway provides space for vehicles to temporarily park while dropping-off or picking-up children, as well as parking for the one additional assistant during the morning and afternoon. The applicant proposes no changes to the exterior of the home. The attached staff report provides specific details pertaining to the request as well as evaluation of the request by staff. 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: Ebony Pittman Page2of2 The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. Hours of operation shall be 7:00 a.m. to 6:00 p.m., Monday through Friday. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. When the daycare is not open for business, all play equipment associated with the daycare shall be located behind the front faCade of the house. 6. A non-illuminated sign not more than one square foot in area, identifying the daycare may be mounted flat against the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning DepartmenU Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the dwelling as a Family Daycare Home. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. / I Submitting Department/Age cy: Planning Department !,;J City Manager. S ' wt !? PRINCESS ANNE ?, ? February 12, 2014 Public Hearing APPLICANT: EBONY PITTMAN m.?.an cwwYa.v,aw... q« sox. n..aa? c:ur iw rarmry ?nna wyca? REQUEST: Conditional Use Permit (Family Child Day-Care) ADDRESS / DESCRIPTION: 2252 Margaret Drive PROPERTY OWNER: JOHN T. & MAURA NANKERVIS STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14748637960000 PRINCESS ANNE 10,710 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for an in-home Family (Child) Daycare facility for up to 12 children. The applicant has been operating a daycare facility for two years at this location and has a valid Virginia Beach business license. Home Daycare is allowed without a Use Permit if the number of children cared for does not exceed five. Since the applicant now desires to increase the maximum number of children cared for to 12, a Conditional Use Permit is required. The applicant is in the process of obtaining a license from the Commonwealth of Virginia, Department of Social Services, allowing her to care for a maximum of 12 children. In addition to the applicant, there will be one assistant for the morning and another assistant for the afternoon. The daycare is open from 7:00 a.m. to 6:00 p.m., Monday through Friday. Drop-off and pick-up times will be staggered and varying arrival and departure times will be incorporated into the client contracts. All children will be dropped-off and picked-up in the applicanYs driveway. The home is located on a 10,710 square foot lot in the Bellwood Estates neighborhood. The backyard provides ample play space and is enclosed on three sides by fences from neighboring properties. The EBONY PITTMAN Agenda Item 1 Page 1 children will go outside for play in groups based on the children's ages. There are several piastic play structures in the backyard. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Margaret Drive ' USE AND ZONING: Residential District • Single-family dwelling / R-15 (OP) South: . Single-family dwelling / R-15 (OP) Residential District East: . Single-family dwelling / R-15 (OP) Residential District West: . Single-family dwelling / R-15 (OP) Residential District OP = Open Space Promotion NATURAL RESOURCE AND The site is developed with a single-family house. There are no CULTURAL FEATURES: known significant natural resources or cultural features. The site is located in the Southern Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. To preserve neighborhood quality the Plan promotes compatible infill development and conditions on places of special care and home occupation. Achieving these goals require that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Margaret Drive is a two-lane undivided local street. It is not included in the Master Transportation Plan. Elbow Road Extended Phase II (CIP 2-152) is programmed for this area. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Margaret Drive Existing Land Use - 36 ADT' Local Street (no data available) proposed Land Use 3 64 ADT' Average Daily Trips 2 as defined by sin le-family dwelling & da care (maximum of 5 children EBONY PITTMAN Agenda Item 1 Page 2 as defined by single-family dwelling & daycare (maximum of 12 children) WATER & SEWER: The site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A family daycare home (child daycare) is subject to licensure when 6 to 12 children, not including the provider's own children or any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted is based on age and is determines by a point system developed by the Virginia Department of Social Services. The applicant is requesting a Conditional Use Permit for a family daycare home for up to 12 children, as required by the City Zoning Ordinance for home providing care for more than five children except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven. The subject site contains a single-family home located on a 10,710 square foot lot. The rear yard is enclosed on three sides by the fences on the neighboring properties, and ample space for an outside play area is provided. The traffic generated by this use will not negatively impact the surrounding properties. Margaret Drive is a local neighborhood street, and thus, traffic volume is low. Additionally, the drop-off and pick-up times will be staggered to prevent congestion. The driveway provides space for vehicles to temporarily park while dropping-off or picking-up children, as well as parking for the one additional assistant during the morning and afternoon. The applicant proposes no changes to the exterior of the home. Staff finds that the requested increase in the number of children cared for to a maximum of 12, with the conditions below, is compatible to the surrounding area. As such, staff recommends approval. CONDITIONS 1. The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. Hours of operation shall be 7:00 a.m. to 6:00 p.m., Monday through Friday. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. EBONY PITTMAN Agenda Item 1 Page 3 5. When the daycare is not open for business, all play equipment associated with the daycare shall be located behind the front faCade of the house. 6. A non-illuminated sign not more than one square foot in area, identifying the daycare may be mounted flat against the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the dwelling as a Family Daycare Home. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meef 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 Departmenf of Planning / Permits and Inspections 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 Environmental Design (CPTED) concepts and strategies as they pertain to this sife. EBONY PITTMAN Agenda Item" 1 Page 4 .? f I . .\ ?J - :? 477j.? ?.' .- ?=??r•+'`.s-?F? ??? AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA PITTMAN nda Item 1 Page 5 '?.? ? @. , h 43 ? ? r'10 T n SEPTEMBER 27, 19ISS s T??? ?3 lo «.IiIY t?al 1, on . , urrt?t0 f?? o,orr,tr shor• M ipi! PtDl. AM INI Tnv e???ai?v. •+o?e ?I.?cny r?1n.n ip. ??Ilc I?n?e ?n! I??n e.e ne ?n?roec??inls e? ot??r ?ulU{.Sa ?e I?t proparly, etceyt ?? a11o.?. , 6 13 t 14 j i N 20• -^6• - 4C' w cu?[ CM J ? , ?ou. or v ?D 5 ` . t ; fs e ^ I q r.o srom. eftic.i ra.rt • tzlt ' a ? ti ( m l? j S l00 00 - 927.06' TJ BLISM MLL ? N 27' - 7P - 75' w _ LANE MARGARET rso'! DRIVE ? J r.ota ?~ ?? lOe? rmm? ( h 9 MNr ?rldll? h wYYI, d: '••: ?i Ois .d ':Ina .. and 1:.W^n9+ ..._ ...... ?r ?Mw• ?..s`I . ' 14VC? P -? ?. >-.y - • PHYSICAL SURVE Y OF LOT 5, gLOCK C, BELLw00p ESTATES SECTION ONE - „ncWS.u FOR JOHN T NANKERVIS AND MAURA H NANKERVIS KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGtN1A SC4LE "=3U? SEPTEMffA2T, 1980 0ONM C. f1111M[ AMD ASlOCIATEf, LTC. SWVEYOR! ( [NGINtEI1S v..q,„is e.•cn, vi,ei,i. J ) O 4 3149 ' " -" -' VB ?6 760 P4 344,v 18 SURVEY OF PROPERTY E PITTMAN .'? nda Item 1 Page 6 1 ZONING HISTORY # DATE REQUEST ACTION 1 02/13/1984 Conditional Use Permit (Open Space Promotion) A proved E G1?lA Br,??;"";? . PITTMAN ida Item 1 n APPLICANT DISCLOSURE If the applicant is a carporation, 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: A(tach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincarporated organization. PROPERTY OWNER DISCLOSURE Comp/ete 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 propetty 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 affliated 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 uninoorporated organization. & See next page for footnotes ty of Virginia Beach have an interest in the i Does an official or employee ot subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT EBONY PITTMAN Agenda Item 1 Page 8 ADOITIONAL 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 seroices, accounting services, and legal services: (Attach list if necessary) '"Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Govemment Coriflict 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 owr?er 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 ihat 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 offioes or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notNication (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 instructans in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view si e r urposes oi processing and evaluating this application. " ---- ! ? Print Name Ap nY i n ?? ??5? ?? Jcl? N)9''J (if?' ferent than applicant) Print Name . ? `'?1 n I ,.? 9Ia/?. /?GI (?4 A ? ?/?1-) ?? Vl S DISCLOSURE STATEMENT EBONY PITTMAN Agenda Item 1 Page 9 Item #1 Ebony Pittman Conditional Use Permit 2552 Margaret Drive District 7 Princess Anne February 12, 2014 CONSENT An application of Ebony Pittman for a Conditional Use Permit (Family Child Day-Care) on property located at 2252 Margaret Drive, District 7, Princess Anne. GPIN: 14748637960000. CONDITIONS 1. The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. Hours of operation shall be 7:00 a.m. to 6:00 p.m., Monday through Friday. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. When the daycare is not open for business, all play equipment associated with the daycare shall be located behind the front fa?ade of the house. 6. A non-illuminated sign not more than one square foot in area, identifying the daycare may be mounted flat against the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the dwelling as a Family Daycare Home. A motion was made by Commissioner Hodgson and was seconded by Commission Inman to approve item 1. Item #1 Ebony Pittman Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 1 by consent. The applicant Ebony Pittman appeared before the Commission. M p 1 . ? . ? M a W? M 1 (D Z71 ? O w ? ?r.. ?.. ? ?I y' ? O C ? .? ? ? ? j U C O .., ? O ? Q a ? w en C m 04 a? ? Q ? C O w b C O V w .? ,C C N (u ? , s3 h ??'I CITY OF VIRGINIA BEACH AGENDAITEM . ITEM: AIR STATION GENERAL, L.C. (Applicant)/ CITY OF VIRGINIA BEACH (Owner) Conditional Use Permit for self-storage. 1889 Virginia Beach Boulevard (GPIN 2407468073). BEACH DISTRICT. MEETING DATE: March 11, 2014 ¦ Background: The applicant requests a Conditional Use Permit to allow development of the site for a three-story, 71,400 square foot mini-warehouse / self-storage facility. The property is zoned B-2 Business District. The site is currently owned by the City of Virginia Beach, and is located in the Greater than 75 dB DNL AICUZ as well as Accident Potential Zone 1. The applicant has a contract with the City for the purchase of the property under the City's APZ-1 Program. ¦ Considerations: To encourage development within these zones, the Zoning Ordinance provides for administrative approval of certain uses within APZ-1 that typically would otherwise require the granting of a Conditional Use Permit by the City Council. The applicant's proposed use is one of those, and the applicant could have proceeded with the proposed development under the administrative approval process. Due to the atypical configuration of the subject lot, however, it is difficult to meet the required yard setbacks. Rather than submit an application to the Board of Zoning Appeals requesting variances to the required yard setbacks, the applicant is requesting, as allowed by Section 221(i) of the Zoning Ordinance, that the City Council allow, as a condition of the Use Permit, a deviation to these required setbacks. The attached staff report provides specific details pertaining to the request as well as evaluation of the request by staff. 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. 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 site plan entitled, "AIR STATION Air Station General Page 2 of 2 STORAGE," dated 12/02/13, as prepared by Martin Engineering Civil Solutions. Said document is on file at the City of Virginia Beach Planning Department. 2. Structures to be located on the site shall substantially conform to the submitted architectural elevation and rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA," dated 11/26/13. Said documents are on file at the City of Virginia Beach Planning Department. 3. Fencing shall substantially conform to the architectural rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA," dated 11/26/13. Fencing materials shall include a stone base and metal spires and rails. 4. The signage as shown on the referenced architectural rendering is not approved as part of this Conditional Use Permit. Signage for the building and site shall meet the sign regulations of the City Zoning Ordinance. 5. The applicant shall meet all requirements of the Purchase Agreement between the City of Virginia Beach and Air Station General, L.C. This purchase agreement is and will remain on file with this Use Permit at the City of Virginia Beach Department of Planning. 6. The applicant shall make all revisions as required by the Chesapeake Bay Board's determination from the January 27, 2014 meeting. 7. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding by the City Council that there will be no significant detrimental effects on the surrounding properties by such action, a deviation to the required side yard setback as specified in Section 902(a)(5) of the City Zoning Ordinance is permitted as follows: the southern side yard setback may be reduced to a minimum of 101" instead of 35' as required. ¦ 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 BEACM ? %ia V-6 A1C JIdLI0I1 l?l'[Ir['Al, L.C. , B2 ' . +r?on?w? eWAai aLw ; r z 2, . ? ?. ?'J! ?U' ;?L ; • PZ I u ¢; R7.6 •r-.rnc.w«.s?.M...qp- sr...? CUPlwMintW*roAOUaa/SeflStoraye Hco. rwi.sw.wcw.r ow?nn o..rr REQUEST: Conditional Use Permit (Mini-Warehouse/Self Storage) ADDRESS / DESCRIPTION: 1889 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: 24074680730000 BEACH 1.253 acres 4 February 12, 2014 Public Hearing APPLICANT: AI R STATI O N GENERAL, L.C. PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Kristine Gay AICUZ: Greater than 75 d6 DNL & APZ-1 BACKGROUND / DETAILS OF PROPOSAL The appiicant requests a Conditional Use Permit to allow development of the site for a mini-warehouse / self-storage facility. The property is zoned B-2 Business District; per Section 901 of the City Zoning Ordinance, the mini-warehouses / self-storage requires a Conditional Use Permit in the B-2 Business District. The site is currently owned by the City of Virginia Beach, and is located in the Greater than 75 d8 DNL AICUZ as well as Accident Potential Zone 1. Per Section 1804 of the City Zoning Ordinance, the proposed use is allowed in both of these zones. The applicant has a contract with the City for the purchase of the property under the City's APZ-1 Program. The site is bordered by Virginia Beach Boulevard to the north and Interstate 264 to the east and south. The applicant owns the property to the west, which is currently developed with a one-story mini- warehouse facility. The subject site was previously occupied by a building used as a restaurant. The building was recently demolished, leaving the northern portion of the site flat, vacant, and paved over. AIR STATION GENERAL, L.C. Agenda Item 4 Page 1 The southern portion of the site adjacent to I-264 is heavily wooded with mature evergreen and deciduous trees, and is located in the Chesapeake Bay Preservation Area. The proposed site plan shows development of a three-story building with a footprint of 23,800 square feet, and total floor area of 71,400 square feet of self-storage. The building elevations depict a design that provides the appearance of floor to ceiling columns of red brick veneer. Also included are the placement of windows, and fabric awnings to call out entrances and break up the horizontal mass of the building. Other exterior building materials include beige EIFS wall paneling, light grey metal panel siding, and light grey trim. The building is proposed to be set back 41 feet from the front property line to allow for the circulation of vehicles; six parallel parking spaces; and a ten-foot deep landscaped area extending the width of the front property line. Included in the landscaping is a metal wrought-iron style rod fence with a stone base. To the south of the building, the applicant is proposing to construct a new stormwater facility that will be connected to the existing stormwater facility located on the adjacent site to the west. The remainder of the site between the proposed building and Interstate 264 is currently heavily wooded with mature canopy trees, and those trees will be preserved as a landscape buffer. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial site SSURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: • Commercial / B-2 Community Business District South: . Interstate 264 • Vacant Land / R-7.5 Residential East: . Interstate 264 • Virginia Beach Boulevard West: . Mini-Storage / B-2 Community Business District NATURAL RESOURCE AND The southern portion of the site is located in the Chesapeake Bay CULTURAL FEATURES: Preservation Area. COMPREHENSIVE PLAN: This property is located in the Urban Area - Hilltop Strategic Growth Area as identified by the Comprehensive Plan and the Hilltop SGA Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, 2012. The Hilltop SGA is recognized as an area for redevelopment and reinvestment with compatible uses because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and I-264 interchange (p. 2-38, Comprehensive Plan Policy Document). The plan recommends a maximum building height of three stories for the subject site. The property is also located in Accident Potential Zone 1(APZ-1) for NAS Oceana. The APZ-1/CZ Master Plan, adopted as an amendment to the Comprehensive Plan in 2008, provides general land use policy guidance regarding the future use of property in the APZ-1 and Clear Zone areas. The APZ-1/CZ Master Plan's "General Land Use Plan" designates this property for compatible non-residential uses (p. 30), which includes "warehousing and storage" (p. 22). AIR STATION GENERAL, L.C. Agenda Item 4 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site, Virginia Beach Boulevard is a four-lane minor urban arterial with a variable- width right-of-way. The City's Master Transportation Plan Map indicates a divided roadway and bikeway within an ultimate one hundred foot (100) right-of-way width. No Roadway CIP projects are currently programmed for this portion of Virginia Beach Boulevard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia 29,665 ADT 22,800 ADT Existing Land Use - 0 ADT Beach c2013> (Level of Service "D") - Proposed Land Use 3- 19 ADT Boulevard 27,400 ADT' Level of Service "E" Average Daily Trips Z as defined by Vacant Lot 3as defined b 71,400 SF of mini-warehouse 0.26 trips/1000 SF, ITE 8`h Ed. WATER: This site must connect to City water. There are two (2) existing 12-inch City water lines on Virginia Beach Boulevard. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 287 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8- inch City gravity sanitary sewer main on Virginia Beach Boulevard. EVALUATION AND RECOMMENDATION The applicant requests a Conditional Use Permit to allow development of the site for a mini-warehouse / self-storage facility. The property is zoned B-2 Business District; per Section 901 of the City Zoning Ordinance, the use of mini-warehouse requires a Conditional Use Permit. The applicant has worked with the City of Virginia Beach Department of Economic Development from the outset of this proposal to prepare an agreement to purchase the subject property from the City of Virginia Beach. The Department of Economic Development works with private sector applicants to help facilitate and locate the development of appropriate uses within the AICUZ and Accident Potential Zones of the city. The subject site is located in Accident Potential Zone 1 and the Greater than 75 dB DNL AICUZ. The proposed uses are compatible with both the AICUZ and APZ. To encourage development within these zones, the Zoning Ordinance provides for administrative approval of certain uses within APZ-1 that typically would otherwise require the granting of a Conditional Use Permit by the City Council. The applicanYs proposed use is such a use, and the applicant could have AIR STATION GENERAL, L.C. Agenda Item 4 Page 3 proceeded with the proposed development under the administrative approval process. Due to the atypical configuration of the subject lot, however, it is difficult to meet the required yard setbacks. Rather than submit an application to the Board of Zoning Appeals requesting variances to the required yard setbacks, the applicant is requesting, as allowed by Section 221(i) of the Zoning Ordinance, that the City Council allow, as a condition of the Use Permit, a deviation to these required setbacks. Due to the atypical configuration of the lot, the 'fronY of the lot is at the narrow lot line adjacent to the intersection of Virginia Beach Boulevard and I-264. Accordingly, the side lot lines are the right-of-way lines of Virginia Beach Boulevard and I-264. The applicant is proposing a setback of 10'1" from I-264. Section 902(a)(5) of the City Zoning Ordinance requires that all commercial uses and structures have a minimum of 35-foot side yard setback when adjacent to a street. As the side lot lines are adjacent to a street, a 35-foot setback is required. Since the southern lot line is adjacent to an interstate highway and will not be developed, Planning Staff finds the proposed setback of 10'1" to be appropriate and acceptable. Traffic Engineering has worked with the applicant, Planning staff, and Economic Development staff in regarding the proposed left-turn lane (150 foot storage/150 foot taper) from westbound Virginia Beach Boulevard into the site as well as the width and depth of the site access. The applicant has included the required left-turn lane and the required dimensions for the vehicular entrance on the submitted site plan exhibit dated 12/2/13, which is included with this Use Permit. As the southern portion of the property is located within the Chesapeake Bay Preservation Area, the site review by the Chesapeake Bay Board is required prior to the Planning Commission considering the application. This proposed development, as depicted on the site plan, was reviewed and approved with conditions by the Chesapeake Bay Board on January 27, 2014. As described in this report, as shown on the submitted elevations and renderings, and as included in the "Design Guidelines Provisions" section of the City's 'Purchase AgreemenY with the applicant, the proposed development includes quality architectural materials; is aesthetically pleasing; and is appropriately designed for the subject site. The drive aisle on the subject site will connect to the existing development to the west. The proposed landscaping and fencing will also match that of the property to the west. Planning staff finds the proposed height of the building to be appropriate for this location. As part of development site plan review, Section 202(b) and (c) of the City Zoning Ordinance require that the applicant submit with the site plan, documentation indicating that either (1) the proposal has been submitted to the Federal Aviation Administration (FAA) Obstruction Evaluation (OE) Office for its review or (2) the FAA OE Office has provided approval of the proposed height. Based on the above as well as the proposal's consistency with the recommendations of the Comprehensive Plan, staff finds the proposed use and development of the site to be appropriate and recommends approval contingent to the conditions below. CONDITIONS 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 site plan entitled, "AIR STATION STORAGE," dated 12/02/13, as prepared by Martin AIR STATION GENERAL,.L.C. Agenda Item 4 Page 4 Engineering Civil Solutions. Said document is on file at the City of Virginia Beach Planning Department. 2. Structures to be located on the site shail substantially conform to the submitted architectural elevation and rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA," dated 11/26/13. Said documents are on file at the City of Virginia Beach Planning Department. 3. Fencing shall substantially conform to the architectural rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA," dated 11/26/13. Fencing materials shall include a stone base and metal spires and rails. 4. The signage as shown on the referenced architectural rendering is not approved as part of this Conditional Use Permit. Signage for the building and site shall meet the sign regulations of the City Zoning Ordinance. 5. The applicant shall meet all requirements of the Purchase Agreement between the City of Virginia Beach and Air Station General, L.C. This purchase agreement is and will remain on file with this Use Permit at the City of Virginia Beach Department of Planning. 6. The applicant shall make all revisions as required by the Chesapeake Bay Board's determination from the January 27, 2014 meeting. 7. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding by the City Council that there will be no significant detrimental effects on the surrounding properties by such action, a deviation to the required side yard setback as specified in Section 902(a)(5) of the City Zoning Ordinance is permitted as follows: the southern side yard setback may be reduced to a minimum of 10'1" instead of 35' as required. 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 p/an review to meet all applicab/e City Codes and Standards. All applicab/e permits required by the City Code, including fhose administered by the Department of Planning / Development Services Center and Department of P/anning / Permits and Inspections 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 prevenfion techniques and Crime Prevenfion Through Environmental Design (CPTED) concepts and strategies as fhey pertain to this site. AIR STATION GENERAL,;1,..C. ?Agenda It§m 4 Page 5 T ? L ? A L 0 dZ •?.-y- AERIAL PHOTOGRAPH OF SITE LOCATION AND SURROUNDING AREA AIR STATION GENERAL, L.C. Agenda Item 4 Page 6 -.; • ` ?? ? ? ? 1 •( ?? F ? \ ? ?. \•? ?. ?? € \ F; ? \\ ? y ? 4 ? s? b w, DI_ U Z?Z o? ... •? ? 1 1 N d \ *1 Y ? \ \ ? \ 1 4? \ ? \ 1 ?Q ? \ ? ? 1 „ ? `? `>? ? • \, e°c? ???? I h t? ? \ \? ? X ? ? o ffi i L. __ _ 1 ? • \? ? \ ? e? xl i ---------- \; - zI , ! I I \ R ? \ \` ` \ , . ?...........,..?. i .._.._..._...`?......_..V...... i ...?..?.?_....?..? ...._.i.... r----? L _ - - - J PROPOSED SITE PLAN AIR STATION (Condition 1) =NERAL, L.C. Agenda Item 4 Page 7 ? ?ritvwi?r?naoeis[[ei ' ' - 37V2lO15NOI1t115bIV ?Yy11e1Hx3 liwa3a3sn ? viNi0ain rr?vae vir,iOain Am ? ! g o ??Jt/21015 NOI1d1S ?Ilb' '??"?' I aodnoisNVexa I?,;; IQ 0 ?r P u 8 F e ? ? e ? ?ep ??DI 8 e1G 9 El 19) 9) 1 ' I I I ARCHITECTURAL ELEVATION OF PROPOSED BUILDING (Condition 2) ? AIR STATION GENERAL, L.C. Agenda Item 4 Page 8 ? !,' Hf yv ll'.._..:' .L vwiOain ?Ovae vwiVain ??:3d2lO1S NOllt/1S 211`d ? p N aoi nasNvdx3 : ARCHITECTURAL RENDERING OF PROPOSED BUILDING (Condition 2) AIR STATION GENERAL, L.C. f ? Agenda Ite m 4 Page 9 .. = ?y s . .? ? k If ? Alv?! > ? \ ?.,.. _ ? ? ? \ ? ? r ? ? ? r • r? FENCING AND LANDSCAPING CONCEPT (CC APPROVED DRAWING FOR ADJACENT PROPERTY TO THE WEST) AIR STATION GENERAL, L.C. Agenda Item 4 Paqe 10 BEACH . • _ c• . _ . • r T If Ala?? t 1--11I 03lClllUll IjGIICI c3 ?.? Ji .:, , i M .. ? B + ? ? - ?`------- . ? BZ 211- - ( w "t , /???r? s /'{ &i F ? ?? ` ?; ?; - f ?-?- ??? p I I i i ? ? . -- r VIRGINIA BEqCH BLVD ? ` ? ? - ?? ---------- _ BZ ? ?I?,I t ? ? ?? 2 ? ?..v I f L ±;' 264 ?oR 1N?ERSvAlE p,R srAr ?_?? jgTGI ,-? PZ 1 1 ?~ VI - pr ' R ~ '? ^ F 1' ti t. 0?? ti t ' ?' ? ? ?Pt.AME IR ~ ' ZonJng wlM CondlUonaProHera, Open Space Promoilon HCD - Nbtorical and Cullurai Distrid OverMy CUP for Mini-Warehouse/5e/t 5torki ZONING HISTORY # DATE REQUEST ACTION 1 11/13/2012 Conditional Use Permit Motor Vehicle Sales A proved 1 08/25/2009 Conditional Use Permit Bulk Storage Yard) A roved 2 07/10/2007 APZ Use Permit Motor Vehicle Rentals A roved 3 08/13/2002 Modification to a Conditional Use Permit (Borrow Pit A roved 4 10/09/2001 Conditional Use Permit Mini-Warehouse/Self-Stora e) A proved 5 02/22/2000 Conditional Use Permit Automobile Repair Gara e A roved 6 10/08/1996 Conditional Use Permit (Motor Vehicle Sales Ap roved AIR STATION GENERAL, L.C. Agenda Item 4 Page 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Air Station General, LC: Kevin C. Lefcoe, Managing Member 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F]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 fo[lowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with tiie applicant: (Attach lisf if necessary) F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No N If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT AIR STATION GENERAL, L.C. Agenda It+em 4 Page 12 AL3DITIONAL DISCLCISURES List alt knowr, contractars or businesaes that have or wiil provide senrices vvith respeci to the requesEed property use, induding but nat limrtad io the praviders of archit,acc;tural senrices, real estate serulces, finantial senrices. accaunting services, anti tegai services: (A.tfach iist if neGessarY) Syk€s, Bourdan, Ahem & Levy, P_C. Martin Engineering Covington Hendrix Anderson ,4rchitects ,•Par?ent-subs4lary relatfor?sfiip' means.'a rQfationship ftt exis!Is w?yen Qrtie c+arporatian directly or Indlrectly vwns sharee possminq mare fhan 50 percent +af the +rdting power of anather corporration.` See State and LocaI Govrernment Corrflict of Interesks Act, V'a. Code § 2 2-3101. a"Affiliated busiriess entlty retationshii means "a relatKonship, orther than parend- subsidiary retatiqttOip, "t exis1S when (i) ane husiness enllty has a controlling ownefolp inlerest in the ~ buslness eniity, M a cnntrnlling cxwner In one entity is aieo g o4f1Rfpftl1g awnef An the other enU1y, ar (iii) thene is shared managemient flr rAnlrol behweer? the 13vskvss entlties Factors tMat should be cansidered in doefmining the existenc;e crf an affiUa1ed buslness entity reIaEianship indude that tt?e same person or subsientioally the same persan trwn or manage 'Ilae Mo entities; there are comrnon or cxommingled funds vr assets; the business entilues share the trse of the same offioes ar empkoyees or otttierwise share WivtGeS, nesources or perseinnel vn a regutar basis; or there is otherwtse a d'ose mrking relationship heiween the entAies.' See State and Lor.al G4vesnment ContliCt o( Interesk5 Ad,Va. Coft § 2.2•3101, CERTiF1CATlOh1. I crriiry thaR the iritymatlcx? containtd hercin is true and aacuraie. Iunderstand ihat, upDr, receipt o1 noG3lcation (pastca rd ) that the applicatiw has bevn scheduled tor paablic hoavng, I arn rewona4ble iar obtatning and posting the i-equired sagR o-n the suboct proK&rtp at Jeas1 30 daXs prxy to the acheduied put1ia Fearinp accarong io the Inntruciiars irr this packsge. The undersignedlssa ccnsenls to eniry upon the sub{eci propehy by ernployees vf tt?s DsparLmerR of Plannirg olagrept? and wew-Vre site ivr Pwposes af proeesaing and ovalzatinp mie spplict,tinn ..???,?r-.. ??' s Kevin C. Lefcoe, Iufanager Pp??so'a 5igra94re PriM Nama .? _ ' . jmt'1fCS k . sa?,- CSwncr's ignatu d different than dppicarY} Prnt Nsrne DISCLOSURE STATEMENT AIR STATION GENERAL, L.C. Agenda Item 4 Page 13 Item #4 Air Station General, L.C. Conditional Use Permit 1889 Virginia Beach Boulevard District 6 Beach February 12, 2014 CONSENT An application of Air Station General, L.C. for a Conditional Use Permit (Mini-Warehouse/Self Storage) on property located at 1889 Virginia Beach Boulevard, District 6, Beach. GPIN: 24074680730000. 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 site plan entitled, "AIR STATION STORAGE," dated 12/02/13, as prepared by Martin Engineering Civil Solutions. Said document is on file at the City of Virginia Beach Planning Department. 2. Structures to be located on the site shall substantially conform to the submitted architectural elevation and rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA," dated 11/26/13. Said documents are on file at the City of Virginia Beach Planning Department. 3. Fencing shall substantially conform to the architectural rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA," dated 11/26/13. Fencing materials shall include a stone base and metal spires and rails. 4. The signage as shown on the referenced architectural rendering is not approved as part of this Conditional Use Permit. Signage for the building and site shall meet the sign regulations of the City Zoning Ordinance. 5. The applicant shall meet all requirements of the Purchase Agreement between the City of Virginia Beach and Air Station General, L.C. This purchase agreement is and will remain on file with this Use Permit at the City of Virginia Beach Department of Planning. 6. The applicant shall make all revisions as required by the Chesapeake Bay Board's determination from the January 27, 2014 meeting. 7. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding by the City Item #4 Air Station General, L.C. Page 2 Council that there will be no significant detrimental effects on the surrounding properties by such action, a deviation to the required side yard setback as specified in Section 902(a)(5) of the City Zoning Ordinance is permitted as follows: the southern side yard setback may be reduced to a minimum of 10'1" instead of 35' as required. A motion was made by Commissioner Hodgson and was seconded by Commissioner Inman to approve item 4. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 4 by consent. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. ? ? ? ? .? ? ? a" ? ? 0 0 V c ? W z Z a V/ V Z ? a C ? 04 ? N Cp oa b O Q C v ,o '3 0 ca C V N J?. ? rS `H ti?l CITY OF VIRGINIA BEACH AGENDA ITEM ? ITEM: VANGUARD LANDING (Applicant / Owner) AND ADDITIONAL OWNERS. A. Conditional Chancte of Zoning (AG-1 & AG-2 to Conditional B-1A). Comprehensive Plan - Transition Area. B. Conditional Use Permits (Housing for the Disabled, Commercial Kennel, Assembly Use, Indoor Recreational Facility, Outdoor Recreational Facility, Horses for Hire, Horses for Boarding) 2016, 2020 & 2036 Princess Anne Road (GPINs 413098432; 2413196111; 2413191792; 2416199845). PRINCESS ANNE DISTRICT. MEETING DATE: March 11, 2014 ¦ Background: The applicant, Vanguard Landing, Inc., is a private, 501(c)(3) non-profit community that proposes to offer an agrarian-style alternative to group home living for approximately 180 adult residents with mild to moderate intellectual disabilities. The campus-style community (Vanguard Landing) will also be available to intellectually disabled military servicemen and servicewomen, providing a healing transition back into the community. Specifically, the request entails a Change of Zoning of 7.2 acres of property from AG-1 and AG-2 to Conditional 13-1A for business-oriented operations associated with the community as well as Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel, and Assembly Uses. ¦ Considerations: The conceptual site layout depicts the consolidation of four parcels into one property. The proposal for the Agriculturally zoned property includes: 42 dwellings (primarily for non-ambulatory residents) with built-in fire suppression, the Director's House, a"Founders House" for traveling families and a visitors' office; a greenhouse and garden plots available for lease; an equestrian center with indoor and outdoor riding rings and pastures; a special events center for weddings and other similar events; a multi-purpose building with basketball and additional indoor recreational uses; miniature golf; athletic fields; a sportsplex building with an outdoor swimming pool; and, an animal kennel for daycare and rescue. Vanguard Landing Page 2 of 4 The attached staff report provides specific details pertaining to the request as well as evaluation of the request by staff. There was opposition to the request. ¦ Recommendations: The Planning Commission, 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 of Chanqe of Zonin PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia," prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Site Plan has been exhibited to the City Council is on file with the Department of Planning. PROFFER 2: Prior to the issuance of a certificate of occupancy for the first newly constructed building developed on the Re-Zoning Parcel (and subject to receiving all applicable governmental approvals and authorizations) the Applicant will construct or bond a publicly-accessible pedestrian pathway (the "Pedestrian Pathway") along Princess Anne Road, substantially as shown on the Site Plan. The Pedestrian Pathway will be located either within the public right-of-way or on the Property. PROFFER 3: The freestanding sign located on the Property in proximity to Princess Anne Road shall be in substantial conformity with the freestanding sign depicted on the Site Plan. PROFFER 4: The architectural design of the buildings constructed on the Re- Zoning Parcel, when developed, shall be consistent with a"modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Master Site plan", prepared by Burgess & Niple (the "Architectural Exhibit"), a copy of which Architectural Exhibit has been exhibited to the City Council and is on file with the Department of Planning. No building permit will be issued for a building on the Re-Zoning Parcel until an elevation for such building has been submitted to and approved by the Director of Planning as consistent with this Proffer. PROFFER 5: In conjunction with the approval and recordation of a subdivision plat consolidating the Property into a single parcel, and subject to any applicable governmental approvals and/or acceptance, the Grantor shall cause finrenty-five feet (25') more or less of the western portion of the Property to be dedicated to the City for the construction of traffic and pedestrian improvements along Princess Anne Road. Vanguard Landing Page 3 of 4 Conditions of Use Permit: With the exception of any modifications required by any of these conditions or as a result of development site plan review, the property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia," prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Concept Plan has been exhibited to the City Council is on file with the Department of Planning. 2. With the exception of any modifications required by Building Code, the architectural design of the buildings constructed on the property related to the Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel and Assembly Uses, when developed, shall be consistent with a"modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Master Site Plan," prepared by Burgess & Niple, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. No building permit shall be issued for any building for the Conditional Use Permits until an elevation for such building has been submitted to and approved by the Director of Planning. 3. All signage, freestanding or building, related to the Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel and Assembly Uses shall be consistent, in terms of style and materials, with a"modern rural" and "coastal county" style, reflective of the exhibit referenced in Condition #2 above, and shall be submitted to the Director of Planning for consideration and must be approved by the Director prior to issuance of a sign permit. 4. Horse shows, open to the public, are limited to four (4) per calendar year. 5. Commercial concerts, music audible at any property line, and outdoor paging systems shall be prohibited. 6. All outdoor lighting shall be directed in toward the site and any pole lights shall not exceed a height of 14 feet. 7. All animal waste shall be disposed of in a lawful manner. Horse pastures shall be fenced so that no animal can be within 50 feet of the existing ditch creek along the eastern portion of the property. Vanguard Landing Page 4 of 4 ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 4?? r City Manager. ?'? )e- I 8 February 12, 2014 Public Hearing PRINCESS ANNE 311 ?43? Van uard Landin , Inc. ? ?" ;- ?, ;>? ?? , . : ?• 5? ? 6S AG2 _ Pr giu• ' w R10 R70 ? . ? ?. .? ,. . ? ? F.M. , ??y ?...? ??,•.?? r??.- i. _T ? ?. ? ? 1' A 2 i +R44 . r ` . vt. w ? ?', AG1 ' ? '`3 ? P1• ?_ ?• R30' \ ? A61 z , 'I .? . z ++r? cwua.v?wa,, os.? ro?w?.? vvma a.aw ARP-AprkMrslRw?rr? Conyppny 2onMp p'arge ftn AG1. AG-1 ro CaKlNOna181A d1Pfor HwslnpfortlublfadeC;COmmeRINKemel:AUamdyUse; .AVn?.?.w+a n..nwRC?.rwm.y..,..?.w...?..?o..,w.?..?...o?a.,,....... ......o........_ ., APPLICANT & PROPERTY OWNER: VANGUARD LANDING, INC. OTHER PROPERTY OWNERS: VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS, IADD LOCAL 2924 ESTATE OF MARTHA SUSAN WILLIAMSON CRUZ JACKIE LEE VANDELINDE NANCY ELLEN WILLIAMSON STAFF PLANNER: Carolyn A.K. Smith REQUESTS: (A) Conditional Chanqe of Zonina (AG-1 & AG-2 to Conditional B-1A) (B) Conditional Use Permits (Housing for the Disabled, Commercial Kennel, Assembly Use, Indoor Recreational Facility, Outdoor Recreational Facility, Horses for Hire, Horses for Boarding) ADDRESS / DESCRIPTION: 2016, 2020 & 2036 Princess Anne Road GPINS: 24130984320000 24131961110000 24131917920000 24161998450000 ELECTION SITE SIZE: AICUZ: DISTRICT: TOTAL: 74.54 acres Less than 65 d6 DNL & PRINCESS ANNE REZONING: 7.2 acres 65 - 70 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant, Vanguard Landing, Inc., is a private, 501(c)(3) non-profit community that proposes to offer an agrarian-style alternative to group home living for approximately 180 adult residents with mild to moderate intellectual disabilities. The campus-style community (Vanguard Landing) will also be available to intellectually disabled military servicemen and servicewomen, providing a healing transition back into the community. Specifically, the request entails a Change of Zoning of 7.2 acres of Agriculturally zoned VANGUARD LANDING, INC. Agenda Item 8 Page 1 property to Conditional B-1A for business-oriented operations associated with the community as well as Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel, and Assembly Uses. Vanguard Landing will offer its residents continuing education, daily living and job skill development, on- site and off-site employment, fitness and leisure activities, expressive arts, friendships, and community involvement. Vanguard Landing is modeled after similar communities in the United States, which all, according to the applicant, are successful and have waiting lists for residents. With a 24-hour nursing staff and full-time security on-site, the blended community of residents, employees, volunteers, family and friends, will be a safe, self-sustaining campus-like community. Residents pay tuition or are Medicaid waiver supported. The applicant will be required to seek licensure by the Commonwealth to allow for Medicaid reimbursement. Beyond the resident-paid tuition, proceeds necessary to operate this community are anticipated from private bequests, corporate donations, revenue from on-site businesses, garden plot rental, horse boarding, facility rental, and fundraisers. The applicant has received a$2.9 million, no-interest loan, to be repaid in full within 15 years, from the Virginia Beach Development Authority to cover land costs, closing costs, and rollback taxes. The conceptual site layout depicts the consolidation of four parcels into one property. The proposal for the Agriculturally zoned property includes: 42 dwellings (primarily for non-ambulatory residents) with built-in fire suppression, the Director's House, a"Founders House" for traveling families and a visitors' office; a greenhouse and garden plots available for lease; an equestrian center with indoor and outdoor riding rings and pastures; a special events center for weddings and other similar events; a multi-purpose building with basketball and additional indoor recreational uses; miniature golf; athletic fields; a sportsplex building with an outdoor swimming pool; and, an animal kennel for daycare and rescue. The large "village green" in the residential section is proposed to be designed with underlying materials to hold the weight of a fire truck for emergency access to all dwellings. The plan indicates that 54 acres will be set aside as open space, including trails, pastures, and playing fields. On the proposed commercial property, almost 14,000 square feet of space will be occupied by shops, restaurants, bakery, office buildings and an outdoor amphitheater and arts center. The outdoor theatre will seat approximately 200 and the arts center will host art classes and other similar experiences. Both the theatre and arts center be will used primarily by the residents. Commercial concerts or loud music are not anticipated. Along with the business uses, the applicant anticipates leasing space to other non-profit organizations. Employment opportunities for the residents are proposed on both the commercially and agriculturally zoned properties, all within easy walking and biking distance of the dwellings. The proposed elevations for the residential, commercial and agricultural uses depict a"modern rural" or "coastal country" style, mixing rural vernacular elements with coastal accents. High quality elements included in the proffered exhibit are: standing seam metal roofs, front and side porches, dormers, cupolas and working shutters. The exhibit depicting the architectural style and representative examples of "modern rural" and "coastal country" is included at the end of this report. Property for right-of-way improvements along the western portion of the site is proffered to be dedicated to the City for the construction of future traffic, pedestrian and bike lane improvements along Princess Anne Road. A southbound left turn lane is proposed for safe access into the site. The 150-foot wide Transition Area buffer along Princess Anne Road, to remain under ownership of Vanguard Landing, Inc., is also depicted on the concept plan and includes water features that will serve as stormwater management facilities as well as visual amenities. A trail, accessible to the public, is proposed along Princess Anne Road. Internal pedestrian trails, not for public use, are also depicted on the plan. Signage proposed includes an entry feature with identification signage as well as way-finding signs throughout the property. Signage on each structure will reflect the style and materials as depicted on the sign exhibit found later in this report. VANGUARD LAIVDING; 1NC. Agenda Item 8 Page 2 The parking requirement for the uses on the commercial site is governed by the Zoning Ordinance. Parking spaces for the outdoor recreational facilities (horses for hire and board, playing fields and miniature golf) and for Housing for the Disabled are permitted to be set with the Conditional Use Permit and will be as depicted on the concept plan. A total of 87 parking spaces are depicted on the plan, spread throughout the site to accommodate the parking needs on the property. Several off-street parking areas are proposed adjacent to the residents' dwellings for visitors. Parking for the indoor recreational facilities, greenhouse, assembly uses and the commercial property must also meet the Zoning Ordinance requirements, unless a Board of Zoning Appeals variance is granted. At this time, the applicant feels confident that the amount of parking depicted on the concept plan will be adequate to meet the community's and the commercial property's needs. The property is located within the Transition Area and is also impacted by the Air Installation Compatible Use Zones (AICUZ) Overlay Ordinance. The western section of the subject site lies within the lowest AICUZ (Less than 65 dB DNL), which is where the residential and commercial uses are proposed. The eastern portion of the property lies within the 65-70 d6 DNL (Sub Area 2), where residential uses are not compatible and thus, only agricultural and non-residential uses are proposed. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwellings and agricultural fields. A portion of the site (39.679 acres) is within the Agricultural Reserve Program SURROUNDING LAND North: • Undeveloped approved residential development (existing USE AND ZONING: cultivated field) / Conditional R-10 Residential District, P-1 Preservation District South: . Cultivated fields / AG-1 & AG-2 Agricultural Districts East: • Single-family dwellings / Conditional R-20 Residential District West: . Princess Anne Road • Open space, vacant, single-family dwellings / P-1 Preservation District, Conditional B-1A District, Conditional R-10 Residential District NATURAL RESOURCE AND The majority of the site consists of cultivated fields located in the CULTURAL FEATURES: Southern Watersheds Management Area. A ditched creek runs along the eastern property line, separating this site from the Heritage Park subdivision. The property is relatively flat and contains no 100- year floodplain (only a small portion is in the 500-year floodplain) or tidal or non-tidal wetlands. There do not appear to be any significant natural resource or cultural features, other than the property within the Agricultural Reserve Program (ARP). The 100-year floodplain will not be impacted by this project and while the cultivated fields will be eliminated, the proposal does include other agricultural activities such as garden plots and horse pastures. There are 39.67 acres of the site within the City's ARP. The applicant proposes to realign the ARP boundaries, gaining an additional 0.321 acres, resulting in a total of 40.0 acres ultimately in the ARP. VANGUARD LANDING, INC. Agenda Item 8 Page 3 COMPREHENSIVE PLAN: On two occasions, the applicant presented an overview of the proposed development to the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee, staffed by the Comprehensive Planning Division of the Planning Department. The Committee expressed support of the concept. The Comprehensive Plan supports housing for individuals and groups with special needs including those with physical and mental disabilities. The Plan designates the subject property as being within the Transition Area. The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area by instilling a hybrid of the two types of development patterns that promotes open space and a low per acre density. As a whole, this area is characterized by several high-quality residential neighborhoods with significant, exceptional open space. The Plan call for discretionary development proposals within the Transition Area to be well-planned, utilizing the following: clustered or massed residential development of densities averaging no more than one dwelling unit per acre, adherence to the planning and design principles cited in the Transition Area Design Guidelines, and conformance with the Oceana Land Use Conformity program and AICUZ provisions. The Plan states that development proposals should strive to achieve a 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 that provide attractive vistas and recreation areas as well as protect natural resources. According to the Plan, site plans should be designed to respect and display valued natural resources and incorporate a well-planned system of multipurpose trails, greenways, and other linkages that are instrumental in implementing the strategic goals of the adopted Outdoors Plan. Finally, projects within the Transition Area must demonstrate that the capacity of roadways and other infrastructure can adequately support the increased demand. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road, in the vicinity of this application, is a two-lane minor suburban arterial with a variable (90 feet to 120 feet) right-of-way width. The City's MTP indicates an ultimate 135-foot right-of-way width for Princess Anne Road. This portion of Princess Anne Road is within the Princess Anne Road Phase VII-A CIP project (CIP 2-033). This project, which is scheduled to be under design by the end of 2013, is for the construction of safety enhancements such as shoulder widening and drainage improvements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 13,000 ADT 13,600 ADT (Level Existing Land Use - 50 ADT Road of Service "C") - Proposed Land Use 3- 16,200 ADT' (Level Commercial & Residential of Service "E" Dwellin s: 1,443 ADT Average Daily Trips Z as defined by 74 acres of agricultural property 3 as defined b the Traffic Impact Stud submitted b B ant Goodloe, PE, dated 1/8/14 WATER: There is an existing 10-inch City water line in Princess Anne Road. There are two existing 5/8- inch meters that can be used or upgraded to accommodate the proposed development (ID# 95095662, #95100609). VANGUARD LANDING,INC. Agenda Item 8 Page 4 SEWER: There is an existing 12-inch City sewer force main in Princess Anne Road. This site is within the proposed expanded sewer service area of the "Princessboro Pump Station Cost Participation Project." As City sewer is not currently available, Health Department approval is required for wastewater treatment. Private grinder pumps and force main may be an option. The applicant's consultant has indicated a desire to connect to City sanitary sewer services via a sanitary sewer gravity main proposed in conjunction with the Munden Farm/NVR, Inc. property to the north. This project is currently under review in the Development Services Center and Staff does not consider sanitary sewer service available until the actual infrastructure is constructed. If this option is pursued, City Staff anticipates that the Vanguard Landing, Inc. project also provide an easement to the southern property line for future sanitary sewer extension to serve properties to the south, as there are no plans to extend gravity sanitary sewer down Princess Anne Road to serve this or any of the other parcels north of Ashville Park. In addition, an unimpeded access to the easement for future maintenance needs, etc., will also be required if this choice is followed. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers and conditions below. It is staff's finding that the proposed development will provide a much needed option for adult citizens with mild to moderate intellectual disabilities. Staff believes that the site layout and the proposed architectural theme of "modern rural" /"country coastal" reflects a well-planned, high-quality community that is compatible with the surrounding area, and is respectful of the rural character of this area of Princess Anne Road. In staff's opinion, the rezoning request from AG-1 Agriculture to Conditional B-1A and the proposed Conditional Use Permits on the remaining Agriculturally zoned property are generally consistent with the Comprehensive Plan's land use policies for the Transition Area, and are consistent with the Air Installation Compatible Use Zones (AICUZ) Overlay Ordinance. The residential and commercial uses are proposed within the lowest AICUZ (Less than 65 dB DNL) and the agricultural and non-residential uses are proposed on the eastern section of the site, within the 65-70 dB DNL, Sub Area 2. The Transition Area Design Guidelines encourage large open spaces, connected corridors, natural areas, all of which serve to provide a transition between the suburban north and the rural south. These Guidelines call for new development proposals to consider natural resource protection, enhanced amenities for residents, and high quality site and architectural design. Planned connections of the open space to adjacent sites, including the ten-foot wide publically accessible trail along Princess Anne Road, ensures that this development becomes part of the City's large open space system. As recommended in the Guidelines, the stormwater management facilities are located along the roadway and will serve as visual amenities in addition to capturing and treating stormwater. Approximately 54 acres of open space and recreational amenities are planned throughout the site in the form of vegetated buffers, indoor and outdoor leisure facilities, an internal pedestrian and bikeway circulation system, gardening areas, and horse pastures and equestrian facilities. High quality architectural elements, appropriate for the Transition Area, are proffered for the commercial site and recommended as conditions for the Conditional Use Permits that include: standing seam metal roofs, front and side porches, dormers, cupolas and working shutters. The site layout separates the private residences from the public activities on the property and reflects open space and connectivity objectives of the Comprehensive Plan. This section of Princess Anne Road is classified as a Princess Anne Commons / Transition Area Parkway, to be designed with an ultimate right-of-way up to four lanes to accommodate shared-use paths on each side, on-street bike lanes, landscaped median, and a curb and gutter. A Traffic Impact Study was submitted by the applicant and Public Works / Traffic Engineering Staff has accepted the conclusions of that study. Based on the expectation that most traffic will be exiting the site turning right, a traffic signal is not warranted. Right-of-way and traffic-related improvements for Princess Anne Road include a 254oot VANGUARD LANDING, lNC. Agenda Item 8 Page 5 dedication for a southbound left turn lane and a bike lane. Currently, 39.679 acres of property are within the Agricultural Preserve Program (ARP). Pursuant to Section 11(e) of the ARP Ordinance, the concept plan will require an ordinance approved by the City Council to move the ARP boundaries. The applicant is seeking to shift the boundary and slightly modify the acreage within the ARP by 0.321 acres for a total of 40.0 acres, ensuring nonagricultural activities are located outside of the ARP. Agricultural uses include the bona fide production of crops, animals or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products; the raising of livestock and poultry; and the production and harvest of products from horticultural, silvicultural or aquacultural activities. Locating the proposed equestrian facilities, horse pastures, gardening and greenhouse amenities (with limitations) on ARP lands is acceptable; however, the proposed playing and athletic fields will not be allowed on ARP property, nor will any stormwater management facilities that do not solely serve agricultural uses. The applicant will seek the ARP adjustment concurrent with the rezoning and Conditional Use Permit. Specific activities proposed with the greenhouse will be reviewed further during final site plan review. Staff concludes that this project provides substantial natural resource and open space preservation, offers excellent amenities for its future residents and to the community, and demonstrates a commitment to a quality site layout and building detail and design. Approval of these requests, therefore, is recommended with the proffers and 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, when developed, shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia," prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Site Plan has been exhibited to the City Council is on file with the Department of Planning. PROFFER 2: Prior to the issuance of a certificate of occupancy for the first newly constructed building developed on the Re-Zoning Parcel (and subject to receiving all applicable governmental approvals and authorizations) the Applicant will construct or bond a publicly-accessible pedestrian pathway (the "Pedestrian Pathway") along Princess Anne Road, substantially as shown on the Site Plan. The Pedestrian Pathway will be located either within the public right-of-way or on the Property. PROFFER 3: The freestanding sign located on the Property in proximity to Princess Anne Road shall be in substantial conformity with the freestanding sign depicted on the Site Plan. PROFFER 4: The architectural design of the buildings constructed on the Re-Zoning Parcel, when developed, shall VANGUARD LANDING,INC. Agenda Item 8 Page 6 be consistent with a"modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Master Site plan" prepared by Burgess & Niple (the "Architectural ExhibiY'), a copy of which Architectural Exhibit has been exhibited to the City Council and is on file with the Department of Planning. No building permit will be issued for a building on the Re-Zoning Parcel until an elevation for such building has been submitted to and approved by the Director of Planning as consistent with this Proffer. PROFFER 5: In conjunction with the approval and recordation of a subdivision plat consolidating the Property into a single parcel, and subject to any applicable governmental approvals and/or acceptance, the Grantor shall cause twenty-five feet (25') more or less of the western portion of the Property to be dedicated to the City for the construction of traffic and pedestrian improvements along Princess Anne Road. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The proffers help ensure that the proposal is developed following the vision established for the Transition Area within the Comprehensive Plan in terms of the overall quality of the project, specifically for natural resource protection, site amenities, and architectural and site design. The City Attorney's Office has reviewed the proffer agreement dated September 30, 2013, and found it to be legally sufficient and in acceptable legal form. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia," prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Concept Plan has been exhibited to the City Council is on file with the Department of Planning. 2. With the exception of any modifications required by Building Code, the architectural design of the buildings constructed on the property related to the Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel and Assembly Uses, when developed, shall be consistent with a"modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Master Site Plan," prepared by Burgess & Niple, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. No building permit shall be issued for any building for the Conditional Use Permits until an elevation for such building has been submitted to and approved by the Director of Planning. 3. All signage, freestanding or building, related to the Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel and Assembly Uses shall be consistent, in terms of style and materials, with a"modern rural" and VANGUARD LANDFNG, INC. Agenda Item 8 Page 7 "coastal county" style, reflective of the exhibit referenced in Condition #2 above, and shall be submitted to the Director of Planning for consideration and must be approved by the Director prior to issuance of a sign permit. 4. Horse shows, open to the public, are limited to four (4) per calendar year. 5. Commercial concerts, music audible at any property line, and outdoor paging systems shall be prohibited. 6. All outdoor lighting shall be directed in toward the site and any pole lights shall not exceed a height of 14 feet. 7. All animal waste shall be disposed of in a lawful manner. Horse pastures shall be fenced so that no animal can be within 50 feet of the existing ditch creek along the eastern portion of the property. 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 applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VANGUARD LANDING, 1NC. Agenda Item 8 Page 8 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA VANGUARD _ANDING, INC. Agenda Item 8 Page 9 ;. ?-,. CONCEPTUAL MASTER PLAN (Condition 1) VANGUARD LANDING, INC. Agenda Item 8 Page 10 IJI s a?it[ ?s ?YC ? z P ? L ?utC i ? Y ` ? ^ . F ? > N Q J $ ? p3 • AGRICULTURAL RESERVE PROGRAM (ARP) LAND EXCHANGE CONCEPT PLAN VANGUARD LANDING, INC. " Agenda Item 8 Page 11 ? ,? -? ?'" i? . O t ct L ? ?m i?H?•it??' Ct ? Q bz ? ?? ? ? Ct ' 0? ' > ? - •???.,,,_ :? `? <<, I -- t _ F-'? ¦? Zi i0 o ?? ? jj < ? ? ?C ? 0 0 CONCEPTUALREPRESENTATION OF ARCHITECTURE AND DESIGN ELEMENTS (Condition 2) VANGUARD LANDING, INC. Agenda Item 8 Page 12 *a ; ? k I 1 9 ii q ' L !?• ? ? V " • . Y ? L ! ? S _ ? ? . - . c i? n? ?V ? y 4 u ? a? ? ct ?? ? IM ? ct ?j ? ? ?i ' t 7,71{. 1 RENDERING OF PROPOSED SPECIAL EVENTS BUILDING VANGUARD LANDING, INC. Agenda Item 8 Page 13 ? ' in , 4-I ? +L ?o CC ? .• . . , ? • ? 7:?? W ? Y c m Z C) ? +I z ?-- ° W U U ..J i Z ? LLI e o• 6z ? J m 0 V 4 O N i7 N ELEVATION DRAWING OF PROPOSED ENTRY SIGN VANGUARD LANDING Agendal Pa i C. ?8 14 ? 1? ZONING HISTORY # DATE REQUEST ACTION 1 02/14/12 Modification of Proffers Granted 05/10/05 Rezoning (Conditional PD-H2 [R-30, P-1] to Conditional PD-H2 [R-30, Granted 02/24/04 P-1]) Granted Rezoning (Conditional PD-1-12 [R-30, P-1] to Conditional PD-H2 [R-30, P-1 2 02/28/12 Conditional Use Permit (bulk storage) Granted 02/24/09 Rezonin AG-1 & AG-2 to Conditional B-2 & 0-2 Granted 3 12/10/13 Modification of Proffers 03/28/06 Rezoning (AG-1 & AG-2 to Conditional R-10 & P-1 w/ PD-H2 Overla Granted 4 05/22/12 Modification of Proffers Granted 06/24/08 Modification of Proffers Granted 06/13/06 Rezoning (AG-1 & AG-2 to Conditional PD-H2 [R-5S, R-7.5, A-12, P- Granted 1 and Conditional B-1A 5 08/12/03 Rezoning (AG-1 & AG-2 to Conditional R-20 & P-1) Granted 08/12/03 Conditional Use Permit (open space promotion) Granted 08/12/03 Conditional Use Permit outdoor recreation facility - equestrian Granted 6 04/27/99 Conditional Use Permit (lodge/meetin hall Granted VANGUARD Agenda Item 8 . Page 15 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 Iist if necessary) Vanguard Landing, Inc. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ? Check here if the applicant is N07' a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is ditferenf from appJicant. 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) Virginia Beach Professional Firefighters, IAFF Loca12924, 211 24th Street, Virginia Beach, Virginia 23451, William P. Bailey, President 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach /ist if necessary) None 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject iand? Yes No X If yes, what is the name of the official or employee and the nature of their interest? I . 1 1 ? 1 ? ? 1 1 1 . DISCLOSURE STATEMENT VANGUARD LANDING, INC. Agenda Item 8 Page 16 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Affach lisf if necessary) Vanguard Landing, Inc. 2. List all businesses that have a parent-subsidiary 1 or affiliated business entityZ relationship with the applicant: (Attach list if necessary) None ? Check here if the applicant is NOT a corporation, partnership, frm, business, or other unincorporated organization. PROPERTY OWNER D1SCLOSURE Complete this section only if property owner is different from applicant. If the praperty 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) Virginia Beach Professional Firefighters, IAFF Local 2924 211 24th 5treet, Virginia Beach, Virginia 23451, William P. Bailey, President 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT VANGUARD LANDING, INC. Agenda Item 8 Page 17 APPLICANT DISCLOSURE if the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name foilowed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) Vanguard Landing, Inc. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ? Check here if the applicant is NOT a corporation, partnership, firm, business, or o#her unincorporated organization. PROPERTY OWNER DISCLOSURE Complefe this secfion 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 foNowed by the names of all officers, members, trustees, partners, etc. below: (Aftach lisf if necessary) Virginia Beach Professionai Firefighters, IAFF Local 2924 211 24th Street, Virginia Beach, Virginia 23451, William P. Bailey, President 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) None 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? i . i ? ? 1 ? . \ ? r ? ! ? ? ! ? F ol ? ? \ F ? M ? F ? c DISCLOSURE STATEMENT VANGUARD LANDING, INC. Agenda Item 8 Page 18 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, P.C. Burgess & Niple RRMM Dalo Designs Troutman Sanders '"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 commingfed 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 othervvise 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 propeRy 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. is. 1?;& ?rct..11-e . ? r Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT VANGUARD LANDING,INC. Agenda Item 8 Page 19 PURCHASE AGREEMENT SIGNATURES OF OTHER PROPERTY OWNERS IN WITNESS WHEREOF, Seller and Purchaser execute this Agreement as of the date set forth beside their signatures below. SELLER: Date: 6 7 I WX'a^"4-6''J(SEAL) ancy Ellen W iAiamson pURCHASER: VANGUARD LANDING, INC., a Virginia non-stock corporation (/V,!W-ICl (SEAL) Date:?By: n&&1-j -6. _ Print NameT zU (? 'B , 'ata r _ Position: r O l.{ ride.r Ir-X e e(.l41 teZ?v'e IN WTI'NESS WHEREOF, Seller and Purchaser execute this Agreement as of the dato set forth beside their signatures below. SELLEIL• VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS-IAFF LOCAL 2924 Date: 3 / By: C.f'w ' (SEAL) PrintName: ??M + • &L& Position: PURCHASER: VANGUARD LANDING, INC., a Virguria nan-stock corporation nace:5 3l ( 3 By: O..AJV(-GU lL •Y,-y:LQJ (SEAL) Print Name?fGtJ ??t- Pasition:-6 1'LlJj4 r X Qe GI.TI V'Q VANGUARD LANDING,` 1NC. Agenda Item 8 Page 20 PURCHASE AGREEMENT SIGNATURES OF OTHER PROPERTY OWNERS IN WIITJESS WHEREOF, 3eUa and Pucchaaer execute ihis Agroement es af the dabe set forth beside their dpanm below. SELLXSR: Dete• / ?j SC'?? EAIf ? ? MettLa Susan Wiiliamsoa C:ruz pLigCHASEER; VANGUARD LANDINC,INC., a Virginia non-stack caprnstion D. W. 6 I srAb???sEar..) PrintNa-?` ?0?(Ur? ? 11?LLt ?"' r?tiom:?r?un ot-?yC1? c.c?r1?RP?ifQ?Y IN WITNESS WHEREOF, Seller and Purchaser exec6te this Agreement as of the date set forth beside theu signatur s below. SELLER Date: 42* °j To y A. Vandelinde ? Date:_?6/o9a13 ? ? ? I Jaclde Lee Vandelinde PURCHASER: VANGU LANDING, INC., a Virgini non-stock corporation Date: ? I3 By: Print N I e: 1JP .6c2 -pl . /1'. G!9?lX'6 V VANGUARD LANDING, 1NC. Agenda Item 8 Page 21 Item #8 Vanguard Landing Conditional Change of Zoning Conditional Use Permits 2016, 2020, & 2036 Princess Anne Road District 7 Princess Anne February 12, 2014 REGULAR An application of Vanguard Landing for a(A)Conditional Change of Zoning (AG-1 & AG-2 to Conditional B-1A) and an application of Vanguard Landing for (B) Conditional Use Permits (Housing for the Disabled, Commercial Kennel, Assembly Use, Indoor Recreational Facility, Outdoor Recreational Facility, Horses for Hire, Horses for Boarding) on property located at 2016, 2020 & 2036 Princess Anne Road, District 7, Princess Anne: GPIN: 24130984320000; 24131961110000;24131917920000;24161998450000. PROFFERS PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia," prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Site Plan has been exhibited to the City Council is on file with the Department of Planning. PROFFER 2: Prior to the issuance of a certificate of occupancy for the first newly constructed building developed on the Re-Zoning Parcel (and subject to receiving all applicable governmental approvals and authorizations) the Applicant will construct or bond a publicly-accessible pedestrian pathway (the "Pedestrian Pathway") along Princess Anne Road, substantially as shown on the Site Plan. The Pedestrian Pathway will be located either within the public right- of-way or on the Property. PROFFER 3: The freestanding sign located on the Property in proximity to Princess Anne Road shall be in substantial conformity with the freestanding sign depicted on the Site Plan. PROFFER 4: The architectural design of the buildings constructed on the Re-Zoning Parcel, when developed, shall be consistent with a"modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Item #8 Vanguard Landing Page 2 Master Site plan", prepared by Burgess & Niple (the "Architectural Exhibit"), a copy of which Architectural Exhibit has been exhibited to the City Council and is on file with the Department of Planning. No building permit will be issued for a building on the Re-Zoning Parcel until an elevation for such building has been submitted to and approved by the Director of Planning as consistent with this Proffer. PROFFER 5: In conjunction with the approval and recordation of a subdivision plat consolidating the Property into a single parcel, and subject to any applicable governmental approvals and/or acceptance, the Grantor shall cause twenty-five feet (25') more or less of the western portion of the Property to be dedicated to the City for the construction of traffic and pedestrian improvements along Princess Anne Road. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia, prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Concept Plan has been exhibited to the City Council is on file with the Department of Planning. With the exception of any modifications required by Building Code, the architectural design of the buildings constructed on the property related to the Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel and Assembly Uses, when developed, shall be consistent with a "modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Master Site Plan," prepared by Burgess & Niple, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. No building permit shall be issued for any building for the Conditional Use Permits until an elevation for such building has been submitted to and approved by the Director of Planning. 3. All signage, freestanding or building, related to the Conditional Use Permits for Housing for the Disabled, Outdoor Recreation Facilities, Indoor Recreation Facilities, Commercial Kennel and Assembly Uses shall be consistent, in terms of style and materials, with a"modern rural" and "coastal county" style, reflective of the exhibit referenced in Condition #2 above, Item #8 Vanguard Landing Page 3 and shall be submitted to the Director of Planning for consideration and must be approved by the Director prior to issuance of a sign permit. 4. Horse shows, open to the public, are limited to four (4) per calendar year. 5. Commercial concerts, music audible at any property line, and outdoor paging systems shall be prohibited. 6. All outdoor lighting shall be directed in toward the site and any pole lights shall not exceed a height of 14 feet. 7. All animal waste shall be disposed of in a lawful manner. Horse pastures shall be fenced so that no animal can be within 50 feet of the existing ditch creek along the eastern portion of the property. A motion was made by Commissioner Horsley and was seconded by Commissioner Russo to approve item 8. AYE 10 NAY 0 ABS 0 ABSENT BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 8. ABSENT Bob Miller appeared before the Commission on behalf of the applicant. Sue Rolik appeared before the Commission with concerns related to construction activity, safety and screening. ?J nEAc? ?z??! r4 , ?sh,?k?i"? • ? ?? i __" S e-C ? Z ?..oF OUR NP,IOC, In Reply Refer To Our File No. DF-8858 TO: Mark D. Stiles Wilso??, FROM: B. Kay CITY OF VIRGINIA BEACH INTI;R-OFFICE CORRESPONDENCI; DATE: February 28, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Vanguard Landing The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 2014. I have reviewed the subject proffer agreement, dated September 30, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 30th day of September, 2013, by and between VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS-IAFF LOCAL 2924, ("VBPF", to be indexed as grantor); RAMON C. CRUZ ("Cruz", to be indexed as grantor); JACKIE LEE VANDELINDE ("Vandelinde", to be indexed as grantor); NANCY ELLEN WILLIAMSON ("Williamson, to be indexed as grantor); VANGUARD LANDING, INC., a Virginia non-stock corporation ("Vanguard", to be indexed as grantor) (VBPF, Cruz, Vandelinde, Williamson, and Vanguard collectively referred to herein as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, VBPF is the current owner and Vanguard the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 2413-19- 1972-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A(the "VBPF Property"); and WHEREAS, Cruz is the current owner and Vanguard the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 2413-19- 6111-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B(the "Cruz Property"); and WHEREAS, Vandelinde is the current owner and Vanguard the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 2413- 09-8432-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit C(the "Vandelinde Property"); and WHEREAS, Williamson is the current owner and Vanguard the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 2413- 19-9845-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit D(the "Williamson Property"); and WHEREAS, the VBPF Property, the Cruz Property, the Vandelinde Property, and the Williamson Property are collectively referred to herein as the "Property"; and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property (the "Re-Zoning Parcel"), as described on the attached Eghibit E, from AG-1 and AG-2 to Conditional B-1 A; and GP1N Nos.: 2413-19-1972-0000; 2413-19-6111-0000; 2413-09-8432-0000; 2413-19-9845-0000 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-lA are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-1 A zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance ar resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through 2 the Grantor, its 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 entitled "Conceptual Master Plan of Vanguard Landing, Virginia Beach, Virginia," prepared by MSA, P.C., and dated September 30, 2013 (the "Site Plan"), a copy of which Site Plan has been exhibited to the City Council is on file with the Department of Planning. 2. Prior to the issuance of a certificate of occupancy for the first newly constructed building developed on the Re-Zoning Parcel (and subject to receiving all applicable governmental approvals and authorizations) the Applicant will construct or bond a publicly- accessible pedestrian pathway (the "Pedestrian Pathway") along Princess Anne Road, substantially as shown on the Site Plan. The Pedestrian Pathway will be located either within the public right-of-way or on the Property. 3. The freestanding sign located on the Property in proximity to Princess Anne Road shall be in substantial conformity with the freestanding sign depicted on the Site Plan. 4. The architectural design of the buildings constructed on the Re-Zoning Parcel, when developed, sha11 be consistent with a"modern rural" style, including elements (such as roof dormers and cupolas) depicted on a conceptual exhibit entitled "Vanguard Landing, Conceptual Images for Master Site plan", prepared by Burgess & Niple (the "Architectural Exhibit"), a copy of which Architectural Exhibit has been exhibited to the City Council and is on file with the Department of Planning. No building permit will be issued for a building on the Re-Zoning Parcel until an elevation for such building has been submitted to and approved by the Director of Planning as consistent with this Proffer. 5. In conjunction with the approval and recordation of a subdivision plat consolidating the Property into a single parcel, and subject to any applicable governmental approvals and/or acceptance, the Grantor shall cause twenty-five feet (25') more or less of the western portion of the Property to be dedicated to the City for the construction of traffic and pedestrian improvements along Princess Anne Road. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan andlor 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. 3 The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with a11 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 issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signatures Page to Follow.] 4 GRANTOR: VANGUARD LANDING, INC., a Virginia non-stock corporation By: ev'wz' d `lLp ? Name: 'L 2qrc1 13 l' Title: ;ouiW er i- ? e_c'." ?2 COMMONWEALTH/STATE OF Y i R i n? h CITY/Cq&NTY OF i r ' , to-wit: ?. The foregoing i?strument was acknowledged before me this 13 Rh day of „? , 201,3, by I??G ?QA who is per onally known to me o?produced as identification in his capacity as of Vanguard Landing, Inc., on behalf of the company. ? Notary u ic My Commission Expires: 1311A, ` 4;°? Registration No. ? ~o: ? ? L [NOTARIAL SEAL/STAMP] ; *41 LTH 5 GRANTOR: VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS-IAFF LOCAL 2924 By: ? Name Title: COMMONWEALTH/STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: William P. President The foregoing instrument was acknowledged before me this 22ntay of January, 2014, by William P. Bailey, who is personally known to me, in his capacity as President of Virginia Beach Professional Firefighters-IAFF Loca12924, on behalf of the company. kY ? Notary Pu lic My Commission Expires: August 31, 2014 A Registration Number: 192628 c? [NOTARIAL SEAL/STAMP] 6 ?W4**M GRANTOR: ?? (oV ?-?-w+A-??J Nancy . Williamson COMMONWEALTH/ TATE OF .? CITY/COUNTY OF ? to-wit: The foregoing instrument was acknowledged before me this 15+' day of ` u a F?_ ,'? by Nancy E. Williamson, who is personally known to me or has produced HD ?j'i-U?'? f?t/lql as identification. anj= -& Notary Public My Commission Expires: q4i oo I ' Registration No. ,%%IIIII ? r,, . ..```? PN . ? •?•. ?O [NOTARIAL SEAL/STA??•??TARy•. - . = v AU BoG • ? = :2?? ? . F`?-p 5 2`Z ??• ???; 9R,'UND E L ?? `?• '?/III???+?`? 7 GRANTOR: y,,?-- - R n C. Cruz COMMONWEALTH/STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 21 Stday of January, 2014, by Ramon C. Cruz. He is personally known to me. Notary Public ••'''Y«R, My Commission Expires: August 31, 2014 Registration Number: 192628 ? [NOTARIAL SEAL/STAMP] ?• . . . . .? w 8 GRANTOR: r ' Jackie Lee Vandelinde COMMONWEALTH/STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 20th day of January, 2014, by Jackie Lee Vandelinde, who is personally known to me. ? //Z Notary Public My Commission Expires: August 31, 2014 Registration Number: 192628 [NOTARIAL SEAL/STAMP] r04%, p?L?G 9 Exhibit A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Tract "B-1", 8.000 Ac., as shown on that certain plat entitled "SUBDIVISION OF TRACT'B' AS SHOWN ON SUBDNISION OF REMAINING PORTION OF PARCEL DESIGNATED AS `MRS. LOUISE LAND HALSTEAD 75.00 AC.', (M.B. 257, PGS. 22-23) VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 280 at page 11. IT BEING the same property conveyed to LOUISE LAND HALSTEAD by deed from Phyllis L. Munden and Cameron A. Munden, her husband, Lucy W. Land, widow, and Louise Land Halstead, divorced, dated April 8, 1950, and recorded April 28, 1950 in Deed Book 273 at page 7. The said Louise Land Williamson, formerly Louise Land Halstead, died testate January 8, 1996, and by her will recorded in Wili Book 90 at page 2417 she devised the property to MARTHA SUSAN WILLIAMSON CRUZ and appoints MARTHA SUSAN WILLIAMSON CRUZ and NANCY ELLEN WILLIAMSON as her Co- Executrix. 10 Exhibit B ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Remainder of Tract "B", 24340 Ac., as shown on that certain plat entitled "SUBDNISION OF TRACT'B' AS SHOWN ON SUBDNISION OF REMAINING PORTION OF PARCEL DESIGNATED AS `MRS. LOUISE LAND HEILSTEAD 75.00 AC.', (M.B. 257, PGS. 22-23) VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 280 at page 11. 11 Exhibit C i ALL 1'HAT certain iot, piece or parcel vf land, I together with the improvements thereon, belonging, lying, situate and being in the City of Virgznia Beach, Virginia, and designated and described as Parcel "A", .Axea = 2.517 Acres on a ceriain plat of survey entitled "Suladivision of a Partion of the Louise Land Halstead 75.0{} Acre Traci,", as shown an the plat entatled "Praperty af 3. Elwood Land Estate", Princess A,nne Borough gu?a Beach, Virgix?ia, dated October 17, 1977 and rnade by Rouse-Sirine Associates, Ltd., S?eyors and Engineers, which plat is duly of record in the Clerk's {7ffiee of the Circuit Court oft e City of V'irginia $each, Vuginia, in Map Boak 123, at Page 55. ? 12 Exhibit D ALL THAT certain lot, tract or parcel of land together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered, designated and described as "TRACT C" as shown on that certain plat entitled: "SUBDIVISION OF REMAINING PORTION OF PARCEL DESIGNATED AS `MRS. LOUISE LAND HALSTEAD 75.00 AC.' AS SHOWN ON PLAT ENTITLED `PROPERTY OF J. ELWOOD LAND ESTATE,' PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated December 11, 1996, Scale: 1" = 200', prepared by Rouse-Sirine Associates, Ltd, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 257, at page 23, to which reference is made for a more particular description. IT BEING the same property conveyed to Louise Land Halstead by deed from Phyllis L. Munden and Cameron A. Munden, her husband; Lucy W. Land, widow; and Louise Land Halstead, divorced, dated Apri18, 1950 and recorded Apri128, 1950 in Deed Book 273, at page 7. The said Louise Land Halstead a/k/a Louise Land Williamson died testate January 8, 1996 and pursuant to the terms of her Will recorded in Will Book 90 at page 2417, devised the property to Nancy Ellen Williamson. 13 Exhibit E Beginning on the eastern right-of -way line of Princess Anne Road approximately 2,470' south of Sandbridge Road at the property line between Parcel "A" (Map Book 123, Page 55) GPIN 2413-09-8432 (2.516 acres) and Marital Trust B, Robert W. White, Sr., Revocable Living Trust (Map Book 281, Page 78) GPIN 2413-08-8768, said point being the True Point of Beginning; thence, north along a line of the right-of-way 100.10' on a bearing of N 28° 00' 57" E to a point; thence, continuing east on a line of the right-of-way 6.07' on a bearing of S 64° 27' 56" E to a point; thence, continuing on the Princess Anne Road right-of-way on a line to the north 117.35' on a bearing of N 28° 06' 06" E to a point, thence, along the right-of-way along a line to the north 213.79' on a bearing of N 31 ° 49' 47" E to a point; thence, along the right-of-way on a line to the east 30.18' on a bearing of S64° 23' 56" E to a point; thence, along the right-of-way on a line to the north 201.20' on a bearing of N31 ° 51' 04" E to a point; thence, along the right-of- way on a line to the west 30.18' on a bearing of N64° 23' 56" W to a point; thence, north along the Princess Anne Road right-of-way approximately 38.0' on a beaxing of N31° 49' 38" E to a point; thence, east on a line 357.0' on a bearing of S64° 23' 56" E to a point; thence, south along a line 123.0' on a bearing of S25° 36' 04" W to a point; thence, east along a line of 120.0' on a bearing of S64° 23' 56" E to a point; thence, south along a line 550.0' on a bearing of S25° 36' 04" W to a point on the property line between Parcel "A" and the Robert W. White, Sr. Revocable Living Trust property; thence, on a line to the west 252.0' bearing N64° 27' 57" W to the True Point of Beginning. Said parcel contains approximately 326,700 square feet or 7.2 acres. 21310006v2 14 mU ??1 rS? ? yy ) r? z ) 4iLtV^..?.`J?rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH. An Ordinance to Amend the Comprehensive Plan by Adding Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, Amending SFA 4, Virginia Aquarium and Owls Creek District, Adding Land Use Guidance for SFA 9, and Revising the Policy Document. MEETING DATE: March 11, 2014 ¦ Background: At the request of City Council members, staff drafted the attached proposed amendment to the Comprehensive Plan. If adopted, the amendment will revise Chapter 3 the Comprehensive Plan's Policy Document by adding "Suburban Focus Area (SFA) 9- North General Booth Boulevard Corridor." ¦ Considerations: This corridor has been the subject of several development inquiries or proposals. The 2009 Comprehensive Plan designates this corridor as being within the Suburban Area. While the Suburban Area land use policies are adequate, the proposed amendments provide land use recommendations that provide greater specificity. The attached staff report provides specific details pertaining to the version of the amendment provided to the Planning Commission. The Planning Commission is recommending a modified version to the City Council. There was no opposition to the request present at the public hearing. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-2, recommends approval of the amendment to the City Council with modifications to the text of page 15. The recommended changes are indicated on the attached copy of page 15. ¦ Attachments: Page 15 of Amendment as recommended by Planning Commission Staff Review Amendment as presented to Planning Commission for its February 12 public hearing Ordinance for modified Amendment as recommended by Planning Commission Ordinance for original Amendment as presented to Planning Commission Amendment to Comprehensive Plan Page 2 of 2 Minutes of Planning Commission Hearing Recommended Action: Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ?)L -NO-4k S FA 9.2 FORMER SPCA SITE DESCRIPTION The former SPCA site owned by the Cini is a wooded site uniauelv situated with road frontage on three sides bounded bXGeneral Booth Boulevard Oceana Boulevard and Eaglewood Drive It is located directlv across from the entrance to Red Wing Park. Eaglewood Drive provides access to the Red Win? neighborhood and surrounding neighborhood-serving?uses• TEXT RECOMMENDED BY PLANNING ; COMMISSION FOR DELETION ? RECOMMENDATIONS FOR FORMER SPCA SITE ? Where consistent with AICUZ policy, attractive high qualitv low-intensitv, non- residential uses including: o Office • or o Retail ? Retain as much natural vegetation along uenerai tsootn rsouievai u as uubbiu1C. ? Vehicular access is restricted to Oceana Boulevard and Eaglewood Drive, with Oceana Boulevard access limited to right-inlright-out turning movements. ? Sidewalk should be continuous along the east side of Eaglewood Drive to create an 15 Dl February 12, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN - SUBURBAN FOCUS AREA (SFA) 91 (NORTH GENERAL BOOTH BOULEVARD CORRIDOR) REQUEST: An Ordinance to amend the Comprehensive Plan by adding Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, amending SFA 4, Virginia Aquarium and Owls Creek District, adding land use guidance for SFA 9, and revising the Policy Document. This amendmenf was indefinitely deferred by the Planning Commission at its December 11, 2013 public hearing. SUMMARY OF AMENDMENT The area addressed by this Comprehensive Plan amendment is that portion of the General Booth Boulevard Corridor that extends from S. Birdneck Road south to Dam Neck Road, hereinafter referred to as the "North General Booth Boulevard Corridor." Much of the land along the corridor is publicly owned and environmentally constrained by AICUZ jet noise zones. Commercial uses are located at two major intersections (S. Birdneck Road with General Booth Boulevard and Dam Neck Road with General Booth Boulevard) with a mix of residential, recreation and a considerable amount of passive open spaces comprising most of the remaining land. High tension power lines run parallel with the roadway to the east. The open space areas and vistas along this corridor create a greenway that provides an attractive passageway between the Oceanfront Resort Area and the developed area along General Booth Boulevard south of Red Wing Park. This corridor is part of the City's Access Controlled Road network. This corridor has been the subject of several development inquiries or proposals; yet, the 2009 Comprehensive Plan contains limited recommendations to guide future development and redevelopment of the corridor. The 2009 Comprehensive Plan designates this corridor as being within the Suburban Area. Much of the Suburban Area comprises well-established neighborhood and commercial areas that define the land use character in the northern part of the Ciry and should remain that way into the foreseeable future. However, opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of land use exists on certain tracts. The Comprehensive Plan designates Suburban Focus Areas or SFAs for this purpose. Designating the North General Booth Corridor as a Suburban Focus Area enables specific land use guidance and CITY OF VIRGINIA BEACH SFA 9- NORTH GENERAL BOOTH BOULEVARD CORRIDOR Agenda Item' D1 Page 1 recommendations to be offered to further advance the Comprehensive Plan's objectives for the Suburban Area. This ordinance amends Chapter 3 the Comprehensive Plan's Policy Document by adding "Suburban Focus Area (SFA) 9- North General Booth Boulevard Corridor." A map, description and general recommendations are provided for the entire corridor, and specific guidance is provided for two sites along the corridor: the General Booth campgrounds (Site 9.1) and the former SPCA site (Site 9.2). A description and recommendations for the General Booth campgrounds are currently found in SFA 4.1 as part of SFA 4- Virginia Aquarium and Owls Creek Area. This amendment moves the recommendations for the General Booth campgrounds unchanged from SFA 4 at SFA 4.1 into the new SFA 9 at SFA 9.1. The Comprehensive Plan Map at p. 1-10 and the Suburban Focus & Special Economic Growth Area Map at p. 3-6 are also revised to reflect these changes. CITY OF VIRGINIA BEj4CH SFA 9- NORTH GENERAL BOIOTH BOULEVARD CORRIDOR Agenda Itern"?D1 P.age 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PLANNING COMMISSION VERSION AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY ADDING SUBURBAN FOCUS AREA (SFA) 9, NORTH GENERAL BOOTH BOULEVARD CORRIDOR, AMENDING SFA 4, VIRGINIA AQUARIUM AND OWLS CREEK DISTRICT, ADDING LAND USE GUIDANCE FOR SFA 9, AND REVISING THE POLICY DOCUMENT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; WHEREAS, the addition of Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, and the amending of SFA 4, Virginia Aquarium and Owls Creek District, by moving the General Booth Campgrounds from SFA 4 to SFA 9 will provide the opportunity for more comprehensive land use guidance for the General Booth area of the City; and WHEREAS, there are several revisions that are necessary to bring the adopted Comprehensive Plan into conformity with these additions and amendments; and WHEREAS, the attached revisions to the Policy Document should be adopted as part of the Comprehensive Plan with the revisions recommended by the Planning Commission and attached hereto as the revised page 15. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: The revision of the Policy Document, as shown on the attached document entitled "2009 Comprehensive Plan Policy Document Revisions, Chapter 1: Introduction-Comprehensive Plan Map, Chapter 3: Suburban Area-Suburban Focus & Special Economic Growth Area Map, Suburban Focus Area (SFA) 4-Virginia Aquarium and Owl's Creek Area and Suburban Focus Area (SFA) 9-North General Booth Boulevard Corridor, December 2013" with the attached revisions recommended by the Planning Commission. Such documents are made a part hereof, having been exhibited to the City Council and are on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by adding SFA 9 along General Booth Boulevard and adding a portion of SFA 4, the General Booth Campgrounds, to it, and providing guidance as to land use provisions including the revised page 15 as recommended by the Planning Commission. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on this 49 day of , 2014. 50 51 APPROVED AS TO CONTENT: -Plan?Wg partment CA12839 R-1 March 3, 2014 APPROVED AS TO LEGAL SUFFICIE CY: AA , /V. / . City Attorney's Office 2 DRAFT 2009 Comprehensive Plan Policy Document Revisions Chapter 1: Introduction - Comprehensive Plan Map Chapter 3: Suburban Area - Suburban Focus & Special Economic Growth Area Map Suburban Focus Area (SFA) 4- Virginia Aquarium and Owl's Creek Area Suburban Focus Area (SFA) 9- North General Booth Boulevard Corridor December 2013 (Policy Document: Text to be deleted is shown as °*•i?^?,,?Feugn. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Map p. 1-10 Delete the following map: c"e-k0 BBy Ciry of Virpinia Beach ---? ? , ? - •" ?, _ rn / O ? r 5 g ` / 1{ ? 1 I Bb?M9KCwarTIYN?I6GM 1.? I Buron SU1nn S ? Grwrvi ? NMOWn ? hm4a`? 5 Ro*smon^ B RenilNea -lnaeqc 6rwm1MISW1 Q so?w EcaviYC Grw?n ?iw 16EW I .. os«?.?n.?up h+mrw ??u "?y' YYUrYYnYWOws WnW Lrtl 11M 9?wbn ? VarY rp Opx? Soc?lW Vr Nw tW acn?l ? RurY wA1>CannwrtW CNM ? ? ,1 ?{Fppp ? 1 ? I Comprehensive Plan Map I ? Replace with the following map: Chesapcake Bay ?J ?. -a '!?.""_" 1 1 ' 1 4 5 I cS \ I P o c? ` f B? \ °a ?e 5va?w?rGroWnMwt(sGAt) ? i eunonswon ? a ceM.N+wnaew? - ? l. Newto?n 1 PombOka I - 5 NosemOrA ? ? ? ! mmere? - ? ? H?ImD B Rnw? Nea I 1 1 fpcltlistlRarmVnYh?Wn .fn?W<WewthRewl?GA? I ? ' I QlW?+YECpwMCGrowT?ru1?EW) -... M?Wr4v?FOeW ArwlaF?) ? W N 1 ? w n : .TqnutanAm '. ?7,r.MI1WYMYtl?4on1 ' 1 '. PltnnW L??q UN ? ? - ? Pr4? ana Opn fpw (I?ry?r tl?m taa ?cml ? nYm IYJer Canmwcbl Cmun City oi Virginia Beach ? y s 1 ? l C? ? i ? v 1 k ? ? , t 4 j. . ti / ? North Carolina Comprehensive Plan Map 2 Suburban Focus & Special Economic Growth Area Map p. 3-6 Delete the following map: Chesapeake B ay _.. ? ??+?.?.,,?, ?a ? A ••' '• ? ? ? "' ?-- J' ??:.-'"--? ;< ? _'? _ _ • ...?' "°'??,.`?.?'.? ? ,r .:1> e a , ?-? j Atlantic 5 ' y Ocean _.. , i rea s s' i''r ?I? `?,;? ? S? SEG i '?.. 3 % . ? s 3 1} Special Economic Growth Areas SEGA 1. East Oceana SEGA 2. West Oceana $EGQ SEGA 3. South Oceana . SEGA 4. Princess Anne 4 ` •? "°" ? , - , r ? 4 S ? 4 Suburban FocusAreas (SFAs) ? ° - 6 1 Shore Drive Corridor 2 Lake Edward 3 Historic Kempsville Area 4 Virginia Aquarium and Owls Creek Area 5 First Colonial Medical Corridor 6 Sandbridge Community ? 7 North Beach Area 0 1 2 4 8 Military Highway Corridor i Miles - i 3 Replace with the following map: Chesapeake Bay ' ?f ? - - } '?•a•y •? SFA 1 Areas ? ,? - '??:? ?? ? , • ? ?? '`? SE?? 4 SEGA' 2 ?. J SF rA?9 ; ?. . ? ! 4P '4 S SEGA? 3 3 . 5 Atlantic Ocean Special Economic Growth Areas i ?' !1 1 1 SEGA 1. East Oceana SEGA 2. West Oceana SEGA 3. South Oceana SEGA cEGA 4. Princess Mne 4 S,jburban FocusAreas ? - ? ,? 1 Shore Drive Corndor ' 1 Lake Edw+ard i ? 3 Historic KempsvilleArea - 4 Virginia Aquarium and Owls Creek Area 5 First Colonial Medical Conidor 6 Sandbridge Community t - 7 North Beach Area ?d , 8 Military Highway Corridor p 1 2 q 9 North General BooCh Boulevard Corridor ? Miles ? ? 4 I ?? ? Pages 3-14 thru 3-18 SFA 4 VIRGINIAAQUARIUM AND OWLS CREEKAREA DFSCRIPTION The Virginia Aquarium and Owls Creek area is generally bound by Norfolk Avenue, General Booth Boulevard and South Birdneck Road. This area has great potential to be a national example of sustainable growth and economic development geared towards environmental preservation. With a vision supported by the community, The Virginia Aquarium and Owls Creek Area Master Plan, available a* ••^•nw ^„rf„*„r^•,b.e^m in the Planning Department Documents Library at www.vbgov.com /Planning, encourages development or redevelopment of regional significance by preserving existing communiry and heritage, protecting the natural environment, facilitating a mix of connectiviry, enhancing the character, and providing incentives for qualiry development. The development is concentrated in four areas: The Virginia Aquarium and Research Area, Marina District, Research Center at Owls Creek Point and Marshview Property and the Entertainment and Education Area. Development proposals resulting from the plan are to be compliant with City regulations and policies regarding AICUZ and APZ impacted development. RL'COMMENDATIONS FOR THE VIRGINIA AQUARIUM AND RESEARCH AREA The Virginia Aquarium and Research area is planned to create expansion opportunities focusing on environmental education, stewardship, and research. The master plan for the aquarium area includes: ? New aquarium exhibit building linked to the existing aquarium to provide additional space for exhibits, banquet facilities, and meeting rooms to position the Virginia Aquarium alongside the top tier aquariums in the world. ? A research aquarium serving multiple functions diversifying the base of economic activity in the aquarium area, creating a hub of marine science and "green" research and innovation. ? The existing boat ramp will remain serving the public, the aquarium, and the green research building. ? A green research building will provide space for environmental and energy related research. RF COMMENDATIONS FOR THE MARINA DISTRICT The Marina District adds new residential condominium units, additional retail and restaurant space, and structured parking to replace lost surface parking and to support new infill development. ? A Marina Park will create a new promenade that connects into the existing trail system at Rudee Loop and creates continuous waterfront access for the general public. ? Residential towers located on top of the parking garages with impressive views of Owls Creek and the Ocean with shops and restaurants are proposed at the eastern and western ends to enhance the already successful area. ? Existing restaurants and residential buildings will be maintained and enhanced with the waterfront promenade and plazas for residents and patrons. Aquarium Expansion Marina Perspective R1; COMMENDATIONS FOR THE RESEARCH CENTER AT OWLS CREEK POINT AND MARSHVIEW PROPERTY The Research Center at Owls Creek Point and Marshview Property is a low-impact development that is a supportive extension of the research complex located primarily in the Aquarium area. This development includes additional research space and research- oriented conferencing and symposia space. ? A natural setting for research, learning laboratories, and small research-oriented meetings and events to attract a niche audience. ? The trail system links to the overall trail system throughout the nature park on the Marshview property. ? The properry will offer nearby residents amenities including open nature trails, lookout-towers, boardwalks, open play recreational fields, and possibly a dog park. Owls Creek Point Research Center 7 RE(,'OMMENDATIONS FOR THE ENTERTAINMENT AND EDUCATION CENTER The Entertainment and Education Center includes expansion space for existing attractions, creates new indoor and outdoor attractions, and introduces retail, restaurant and entertainment space to comprise a mixed-use leisure and entertainment destination. ? The Entertainment Village expands the existing Motor World and Ocean Breeze areas to offer additional rides and one continuous entertainment village at the core of the area with retail and restaurants. ? The prominent corner of General Booth Boulevard and South Birdneck Road will be a continuation of the retail, restaurant and entertainment with high exposure. ? An outdoor adventure park geared toward the adrenalin seeking visitors with a zip line and high ropes course, will create a unique opportunity through the Aquarium to get visitors immersed in the natural beauty of the area. ? The Coastal Pavilion expansion offers more exhibits relating to the coastal environment. ? Seatack Elementary will remain with an increased natural buffer and a dedicated pathway connecting the school to the Coastal Pavilion for possible joint learning programs. I?i{? . { rY•-i? . ? .`:.-. ' ' _ .. . ' '... ?i a ,....? ? . ? -' , :" . Owls Creek Entertainment Village 8 Delete the following map - Site 4.1 ? , . . ,. q'RONE . ? CK Rp •-•- -. _ .. - 7 ,;:?( f ? • -s = ;1, .?t;',1._.- Sl`?f ? .. r ? ? l? . . i!.•-'?+?. ? S?? ?l r. r a r' ?, 1 ..? ' rl ? f l ,J /J ? J? •_?,. .?! ? `.? :? ? ' , grF? ?? f?/ ??? I?? .. ? se ?/? i ?• i i . V = ' - ? • ? s?t? 41 ?,g r ? ??'? •' , a.O I .i • ' n,e,ii? .?.• ?, ` ? . ? ? ,?•. ?i'I,?l)fi? ?t J . % 0 0.1, ,'? oA R1Aez ? ••???? ...~ '• ? ?.J('nAAAA?'AflldTlnn/C G'/1!J TLJF GFNppd I 800T1-1 !'d AADCL)nl/AIIIC ? oitorc nf Virninin Benrh nnd nro nppror+rintn u o for theoe oitno ? > > high niia!itc• and lnw iritnrici4y• l ? ?-De ..,-t., .,te.7,-etnil• , Des.,,-+ .,,-;e„+od ,-oero-,t;.,,,-,l, .,,-. 9 ? n*L, nT!`TT7 r.,r,,,-,•,r;b,lo „o.,?. Delete the following photo: KOA Campground 10 II ? I!?I Insert Following Text and Maps on new pp. 3-27 et subseq. SFA 9 DESCRIPTION t ? ` ??' 4 ? C r +?^? `r 1 nw?ww " The IVorth General Booth Boulevard Corridor stretches from S. Birdneck Road to Dam Neck Road. Much of the land is publicl,y owned and environmentally constrained by AICUZ jet noise zones. Commercial uses are located at two major intersections (S. Birdneck and Dam Neck Roads) with a mix of residential, recreation and a considerable amount of passive open spaces comprising most of the remainingland. High tension power lines run parallel with the roadway to the east. The open space areas and vistas along this corridor create a greenway that provides an attractive passageway between the Oceanfront Resort Area and -, ,.,; " .. •= .. Y ? r• ? i?YYY•??..????..... ? 11 NORTH GENERAL BOOTH BOULEVARD CORRIDOR the developed area along General Booth Boulevard south of Red Wing Park. This corridor is part of the City's Access Controlled Road network, as identified on page 6-8. (',ENERAL RECOMMENDATIONS FOR NORTH GENERAL BOOTH BOULEVARD ? Anv future development in this corridor should consist of low intensitv, non- residential uses and retain as much open space and natural vegetation alonZ General Booth Boulevard as possible. ? Ensure all uses are AICUZ compatible. ? Any development or redevelopment should be of a scale and architectural design that complements the physical characteristics of the area. ? When redevelopment occurs, incorporate landscaped berms or buffers into site design along the General Booth Boulevard frontage. ? Preserve the existing wooded corridor along General Booth Boulevard as a Greenway leading to the Virginia Aquarium and the Oceanfront Resort Area. ? The existing landscaping located between the high tension power lines that run parallel with the roadwav to the east should be protected. ? Access for new development should not be derived directly from General Booth Boulevard. Where possible through redevelopment, existing driveways and curb cuts should be consolidated through use of cross-access easements. ? The existing network of sidewalks, bikepaths and crosswalks should be maintained and enhanced to promote safe and attractive non-vehicular connections through the corridor and to Red Wing Park. ? Where practical, stormwater management facilities should be designed for new and redeveloped uses on a larger, more regional scale than simklv site-by-site. This anproach promotes development flexibility and opportunities for multiple benefits, such as passive recreation and wildlife enhancement. 12 Aerial perspective of General Booth Boulevard from S. Birdneck Road to Dam Neck Road ? Future transportation projects should incorporate removal of overhead power lines into project costs to improve aesthetics in the area and reduce potential for power outages from storm events. NORTH GENERAL $OOTH BOULEVARD CORRIDOR SITE-SPECIFIC POLICIES The following sections provide further planning guidance for two sub-areas located within the North General Booth Boulevard Corridor. SFA 9.1 GE:NERAL BOOTH CAMPGROUNDS p„ . ,._I . ` • Q ' Sr ' . .. ;„ ? . • , ? `? qc' r a . • ? ? ? ? " ' ?;;' ? •??:» =? ? ` I t _ . 3?_j ' i;? "? ? ?` ? ?s • ? t 3#i ?{? ? i, •. ? ?'?;, ? ??f/?i=\ ? a?;ya f '"•??. ? i ? '• 1 --- ? d • I Sde 9.1 t ?, • ? 0 ? 00, ... : ?' - , -'? ? ? . ? ,• j • 0 0125??? tvf:ia9 .?y ?? 13 High tension electric transmission lines Red Wing Park Entrance DF.SCRIPTION The Holiday Trav-L Park is located on the west side of General Booth Boulevard and the KOA Campground on the east side Both offer outdoor recreational activities for citizens and visitors of Virginia Beach and complement our City's recreational programs and the resort hospitality industrt RECOMMENDATIONS FOR THE GENERAL BOOTH CAMPGROUNDS ? The existing camngrounds offer outdoor recreational activities for both citizens and visitors of Virginia Beach and are appropriate uses for these sites. ? Where consistent with AICUZ policy, alternate uses may include attractive, high quality, and low intensitv: ? Offices: ? Resort oriented retail; ? Resort oriented recreational; or ? Other AICUZ compatible uses. Residential or hotel uses are not recommended for either campground site. 5 j?. ? ? ry ? t `, •! ( ;? \'? ?S'?? ! T cA:. ? q T e ± lp ` x e J ?4k . t x' r?; ? 1 r rZ ?. . ? ?- : .,;t -. . . . - « "?. `?, ?'?+';• hz" . . . KOA Campground 14 SFA 9.2 FORMER SPCA SITE DESCRIPTION ? The former SPCA site, owned by the City, is a wooded site uniquel,y situated with road frontage on three sides, bounded by General Booth Boulevard. Oceana Boulevard and Eaglewood Drive. It is located directly across from the entrance to Red Wing Park. Ea2lewood Drive provides access to the Red Wing neighborhood and surrounding neighborhood-serving us RECOMMENDATIONS FOR FORMER SPCA SITE ? Where consistent with AICUZ policy, attractive, high qualitv, low-i ntensity, non- residen tial uses including: o Offices in a wooded, campus-like setting: or o Retail that complements the entrance to the Red Wing neig hborhood and the entrance to Red Wing Park. ? Retain as much natural vegetation along General Booth Boulevard as possible. ? Vehicu lar access is restricted to Oceana Boulevard and Eaglewood Drive, with Oceana Boulevard access limited to right-in/right-out turning mov ements. ? Sidewa lk should be continuous along the east side of Eaglewood D rive to create an 15 uninterrupted pedestrian connection from the Red Wing neighborhood to Oceana Boulevard. The existing pedestrian walkwav between Eaglewood Drive and General Booth Boulevard should be retained. Residential or hotel uses are not recommended for this site. 16 Aerial View of former SPCA site and surround Existing pedestrian walkway from Eaglewood Drive to General Booth Blvd. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY ADDING SUBURBAN FOCUS AREA (SFA) 9, N.ORTH GENERAL BOOTH BOULEVARD CORRIDOR, AMENDING SFA 4, VIRGINIA AQUARIUM AND OWLS CREEK DISTRICT, ADDING LAND USE GUIDANCE FOR SFA 9, AND REVISING THE POLICY DOCUMENT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; WHEREAS, the addition of Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, and the amending of SFA 4, Virginia Aquarium and Owls Creek District, by moving the General Booth Campgrounds from SFA 4 to SFA 9 will provide the opportunity for more comprehensive land use guidance for the General Booth area of the City; and WHEREAS, there are several revisions that are necessary to bring the adopted Comprehensive Plan into conformity with these additions and amendments; and WHEREAS, the attached revisions to the Policy Document should be adopted as part of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: The revision of the Policy Document, as shown on the attached document entitled "2009 Comprehensive Plan Policy Document Revisions, Chapter 1: Introduction-Comprehensive Plan Map, Chapter 3: Suburban Area-Suburban Focus & Special Economic Growth Area Map, Suburban Focus Area (SFA) 4-Virginia Aquarium and Owl's Creek Area and Suburban Focus Area (SFA) 9-North General Booth Boulevard Corridor, December 2013." Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by adding SFA 9 along General Booth Boulevard and adding a portion of SFA 4, the General Booth Campgrounds, to it, and providing guidance as to land use provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT Plannin D tmment CA12839 R-2 February 3, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ?A?, A ?? City Attorney's Office SFA 9.2 FORMER SPCA S1TE s;, -, ` + s?s t = s= L . . ?. i sp m r } ? , . , rE Jf ? : • . , • ? ? w • `~? R* ? r s I YAF ry?f . ? Site 92 ? O ? 500 1000 t?? . DESCRIPTION RECOMMFNDATIONS FOR FORMER SNCA S1 j'F ? Wher consi tent with AI UZ noll? residential uses includin . o Office o Ret il ? ? ? TEXT RECOMMENDED BY PLANNING COMMISSION FOR DELETION %"% Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth February 12, 2014 REGULAR Dave Redmond: Mr. Secretary, would you call the next agenda item please? Bob Thornton: The next item is D1. This is a request to amend the Comprehensive Plan by adding Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, amending SFA 4, Virginia Aquarium and Owls Creek District, adding land use guidance for SFA 9, and revising the Policy Document. Dave Redmond: Ms. Phillips? Why don't we take about 5 seconds while folks get a chance to filter out. Okay, thank you Ms. Phillips. Jeryl Phillips: Okay. Good afternoon Mr. Chairman and members of the Commission. The item you have before you today is a proposed plan amendment to the Comprehensive Plan to amend Suburban Focus Area 4, in part, and to establish Suburban Focus Area 9 to be called the North General Booth Boulevard Corridor. This amendment has been requested by City Council to offer land use guidance for the North General Booth Boulevard Corridor. It amends Suburban Focus Area 4, the Virginia Aquarium and Owls Creek area, and introduces Suburban Focus Area 9. It creates a new boundary for SFA 4 that includes the area subject to the adopted Virginia Aquarium and Owls Creek Area Master Plan only. And no policy recommendations are changing, and it creates a new Suburban Focus Area 9, offering general recommendations for the entire corridor and sites specific recommendations for two sites, 9.1 and 9.2. This is the map that is in the Comprehensive Plan today (pointing to presentation on screen), as it pertains to Suburban Focus Areas, and in particular. I wanted to point out Suburban Focus Area 4 areas. This is the general area we are referring to. I'm going to skip ahead a little bit from my presentation this morning. This is the area that the proposed amendment would pertain to. It is that portion of North General Booth Boulevard or General Booth Boulevard between Birdneck Road and Dam Neck Road. This is an aerial view of that corridor (pointing to PowerPoint). It is predominately a wooded corridor along the road frontage. Then I am going to skip ahead to the general recommendations for the corridor. And this corridor is a unique gateway to the Oceanfront given its natural conditions. The general recommendations have been proposed for the corridor would be that future development along it be AICUZ compatible, low intensity, non-residential uses that complement the environs, and in particular, respecting Red Wing Park and the neighborhood surroundings; to retain as much open space and natural vegetation as possible along the Boulevard frontage; to incorporate landscape features such as berms and buffers when site redevelopment does occur along the Corridor; that access be controlled there will be no direct access from General Booth Boulevard Corridor because it is a"controlled-access" designated roadway in the Comprehensive Plan already); to maintain or enhance the existing pedestrian infrastructure network, and where feasible, to Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 2 utilize regional or multi-site stormwater facilities. There are two sites that are called out with this Suburban Focus Area. Site 9.1 is where the two campgrounds along General Booth Boulevard are located. On the left side is Holiday Travel Park and on the right side, the KOA Campground. Now these sites are called out currently in the Comprehensive Plan in Suburban Focus Area 4, which pertains to the Virginia Aquarium and Owls Creek Area. Because these campgrounds bear no relationship directly, and were not part of the Master Plan that was prepared for the Virginia Aquarium and Owl Creek area, we have proposed a housekeeping measure to move those down into this new Suburban Focus Area. However, the policy recommendations that are currently in the Comprehensive Plan in Suburban Focus Area 4, as it pertains to these sites, are recommended to remain the same. They have been there since the plan was adopted in 2009. The second site is Site 9.2, and that is situated as a triangular parcel between Oceana Boulevard and General Booth Boulevard and Eaglewood Drive. The site specific recommendations are again that future uses should be AICUZ compatible, low- intensity, non-residential uses including an office campus, neighborhood-serving retail, which could interpreted as retail that complements the surrounding neighborhoods, serves the surrounding neighborhood, and no residential or hotel uses. Again, reemphasizing the general recommendations for the entire corridor - to retain general naturally vegetated buffer along the Boulevard; that vehicular access be restricted, meaning only allowed from Oceana Boulevard or Eaglewood Drive and not on General Booth Boulevard; and that a sidewalk be continued along the east side of Eaglewood Drive from Oceana Boulevard to the entrance of the Red Wing neighborhood; and to maintain the existing pedestrian path between Eaglewood Drive and General Booth Boulevard that is there today that provides a nice convenient walk access. This amendment is important, and in so far as it provides specific recommendations in the Comprehensive Plan that are otherwise more general today as part of the suburban area of the Comprehensive Plan. And I'll be happy to take any questions. Dave Redmond: Okay. Are there any questions for Ms. Phillips? Mr. Ripley? Ronald Ripley: The discussion we had this morning about this terminology, neighborhood serving retail, and what we are approving doesn't say that. What we're approving says "retail that complements the entrance to Red Wing neighborhood and entrance to Red Wing Park." Jeryl Phillips: Right. Ronald Ripley: I think that clears up some discussion we had this morning. Where this neighborhood serving... you said you kind of came up with that terminology? Jeryl Phillips: My word trying to capsulate summary of this. That is why I stated here this afternoon retail that would complement. Ronald Ripley: Is that meant to be in conflict with what you're asking us to approve? Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 3 Jeryl Phillips: No. What's in front of you is what is to be considered. What is in this drafted text amendment. Ronald Ripley: This is the PowerPoint presentation only? Jeryl Phillips: That's my PowerPoint. Ronald Ripley: Just for information only. I got it. Okay. Thank you. Jeryl Phillips: I apologize if I steered it in another direction trying to capsule summary though. Dave Redmond: No apologies necessary. Are there any other questions? Mr. Thornton? Bob Thornton: In the write up on page 11, you talk about the recommendations for the research center at Owls Creek. In that section, let me make sure that I'm reading it right. You are proposing to keep page 12 recommendations includes the word "retail and restaurants", the second line the prominent corner of General Booth and South Birdneck Road will be a continuation of retail. So the word is not ambiguous, it just says retail. My concern about this is if you were to agree to take the word "neighborhood serving" out and just leave it retail, I would be perfectly okay with what you have here. Because you're moving some of this Jeryl Phillips: Okay. Bob Thornton: Because you're moving some of this property. Now again we know because of Navy, some restrictions on the property is not going to be retail anyway, but one of the things that concerns me is that term is not in our code "per se". , If it said B-1 retail or B-2 retail where it is clearly defined, I would be okay. My suggestion would be just to remove the word "neighborhood serving" and just make it retail. Just let it be retail. It's all got to be rezoned anyway. Jeryl Phillips: Again, I apologize for my capsule summary on the slide. What you need to be considering is the text amendment language under recommendations for former SPCA site. It says "where consistent with AICUZ policy, attractive high quality low intensity, non-residential uses including office in a wooded campus like setting, or retail that complements the entrance to the Red Wing neighborhood and the entrance to Red Wing Park". That is the language that you are considering. So I think that is consistent to what you are considering. So, I think that is consistent to what you're suggesting is that it stay retail. Bob Thornton: Possibly. Jeryl Phillips: Okay. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 4 Bob Thornton: I'm not convinced yet. But thank you. Dave Redmond: Are there any other questions? Mr. Inman? Mike Inman: Yes. On page 15 that we're talking about SFA 9.2 recommendations and it uses the word, it says, "attractive, high quality, low intensity". What is `low intensity'? Is that defined anywhere? What does it mean? Jeryl Phillips: Mr. Whitney, I can tell when we update the Comprehensive Plan, we are going to need to put some close attention on our glossary and not speak in 'planner speak' as we go through that. Low intensity as opposed to a very intensive land use. Mike Inman: You can give me some examples to help me out, low intensity, high intensity? How about a shopping center? Jeryl Phillips: And it is not the same as density, so I don't want to confuse the two. Jack Whitney: Smalls shop stores, as opposed to for example big box, large shopping center. Mike Inman: Food Lion right, that sort of thing? Is Food Lion a low intensity? Jack Whitney: The intensity is a function of the size, square footage, traffic impact, that sort of thing. Generally, a low intensity is a smaller footprint with lower traffic volumes coming and in and out of it, typically in a scale similar to the surrounding area. Dave Redmond: I think, however, there are some restrictions here that prevent something like a shopping center mainly AICUZ restrictions and some easements and some other things, so that may be some examples of that definition, but I`m not sure how applicable they might be to one or more of these sites. Bob Thornton: Those deal more with 9.1. This is specifically 9.2. There are two parcels included in this change, and I'm not concerned about 9.1. 1 think we understand that there are restrictions that deal with that way more than your ordinance does but 9.2, we know is going to be looked at soon. I just don't want to do anything today that would prejudice that. That is my concern. Jeryl Phillips: let me look to the zoning slide. This whole area both sites 9.1 and 9.2, are AICUZ restricted from a noise standpoint. This is not an accident Zone 1 or 2. It is a clear zone. But, our AICUZ ordinance will apply. There may be other easements, etc. that apply to 9.1 that may not apply to 9.2 but I am not readily familiar with those. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 5 Dave Redmond: Is there anyone else? Bob Thornton: I can't see it on 9.2. You keep it right where you had it. What is the current zoning of the top half of 9.2? There it shows there. The yellow is AG and the brown is what? Jeryl Phillips: The yellow is AG-2, the red is B-2, and right under it is B-2. Bob Thornton: Okay, so you already got a portion of it B-2; so, I guess my point is I don't' want us to do anything today that causes the AG portion of it to not at least not be able to be looked at as B-2. There is already B-2 there. So, for us to change it to something that is not defined. If you had in your definition B-2 we would be okay, but you haven't defined retail. You called it low impact neighborhood retail. Jeryl Phillips: We don't refer to zoning districts in the Comprehensive Plan because the Comprehensive Plan in and of itself does not rezone property. Bob Thornton: Okay, I just want to make sure we don't do anything to violate what's there. That is my concern. Dave Redmond: Mr. Inman? Mike Inman: I think I can help Mr. Thornton a little bit. But first of all the Comprehensive Plan as I understand it, is a guide. It is not a zoning district. So, it is a guide for planning and zoning. But it is not the law, so to speak. And so it says it is recommending low intensity, and it says non-residential uses including those things, not excluding everything else. It includes those things, but it includes other things as well, so those are not the exclusive types of developments that can occur on that site under the Comprehensive Plan. Jeryl Phillips: Mr. Inman? Mike Inman: is that right? Jeryl Phillips: I'm sorry. Mike Inman: Is that a correct assumption? Jeryl Phillips: Correct, and in the text amendment however, there is some language that is exclusive, that falls at the end, and it says residential or hotel uses are not recommended for this site, again, because of the AICUZ restrictions. Mike Inman: Right. Okay. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 6 Jeryl Phillips: The part in front of that correct. Mike Inman: Thank you. Dave Redmond: Is there anybody else? Mr. Hodgson? Jeff Hodgson: Has there been any input from the stakeholders around this new boundary you are creating? Jeryl Phillips: I have received some phone calls since you considered this matter and deferred it in December. I have received some phone calls from residents in Red Wing who have been reviewing the amendment material that has been posted on our website. And have asked questions just to understand what the amendment is because it has several moving parts. No concerns with the amendment were expressed. There was a desire to see the wooded corridor retained along the frontage of General Booth. That particular individual is particularly interested in maintaining the existing vegetation, not that the site should be developed or not developed, but that was the main thrust of that conversation. I have not received any other phone calls expressing an opinion one way or the other. There has not been a public information meeting in the community. I've just been receiving phone calls and responding to them. Dave Redmond: Did anybody make an effort say to in reference to the Virginia Aquarium has a board. A lot of people who have been involved in that have been in that for many, many, many years. That is obviously impactful for them. Even in the most cursory way, I would think a telephone call, a letter from some input from that organization. There are some major land owners around there. I would think at least they would be consulted as part of that. We have a church that has been operating in a shopping center for a couple of years that finally realizes that it is supposed to have a Conditional Use Permit. The sign sits outside in front that place for 30 days. They don't have a sign for 30 days, and in as so much I can tell, that's not been that done here. That just strikes me as kind of funny; so, I'm curious. Has there been any kind of information or is it just kind of just stick an ad in the back of a newspaper and then we talk about it in this environment. I think that outreach kind of thing has to be done. That is my view. We talked about this morning. Can you illuminate me a little about that? Jeryl Phillips: Sure. There has been no direct outreach from the part of the Planning Department beyond posting the proposed amendment materials on our website as we always do, but then you plan amendment and fielding phone calls. As so far as the aquarium, because there are no proposed changes to Suburban Area 4 as it pertains to recommendations, those recommendations reflect the adopted the Virginia Aquarium/Owls Creek Area Plan. There has not been any direct outreach there. Nothing is supposed to be changing about that plan. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 7 Dave Redmond: Does anybody else have any questions for Ms. Phillips? Mr. Russo? Phil Russo: Yes. Okay, as I understand it, SFA 9 is from Dam Neck basically to Rudee Inlet Bridge? Jeryl Phillips: No. It would. Phil Russo: S. Birdneck. Jeryl Phillips: It would begin at S. Birdneck down to Dam Neck Phil Russo: So what we've done is carved out SFA 9.1 and 9.2 so there subsections. Jeryl Phillips: They are sites within the SFA. Phil Russo: Within the SFA. Jeryl Phillips: Suburban Focus Area 1, which is the Shore Drive Corridor, if I'm correct, has multiple sites, likewise identified so we followed suit in that format. Phil Russo: Okay, and what I'm wrestling with is one of the general recommendations looks like for SFA 9 is to preserve the existing wooded corridor on General Booth Boulevard as a greenway leading to the Virginia Aquarium, the Oceanfront Resort Area, and then the recommendations for the former SPCA site says retain as much natural vegetation on General Booth Boulevard as possible, and it seems like when you carve out 9.2, you're more or less limiting any development, because any vegetation on that site specifically since it is carved out, I would think, would be limited from development. You want to retain under these standards, it seems like you would want to retain that, it that is possible. And that is what I am wrestling with, and I think Mr. Redmond was talking about earlier today is questions about the plan. What I'm saying is on other portions of General Booth Boulevard, it looks like the outline is just limited to the Boulevard itself, and any other areas outside that are not within those requirements. Jeryl Phillips: Okay, if I can try to respond to that. The boundaries that we are showing here on this general map were intended to reflect the frontage on both sides of the corridor. The site - I'm having a little trouble with the term "being carved out", so I want to make sure that I am clear. Site 9.1, which includes the Holiday Travel Park on the west side and the KOA Campground on the east side, are currently referred to as site 4.1 and Suburban Focus Area 4. Phil Russo: Okay. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 8 Jeryl Phillips: Nothing is changing other than giving them a new number and the recommendations for that site of two parcels are coming forward. They are not being "carved out". They are a part of the Suburban Focus Area. It's just that specific recommendations already existed for those two parcels in the Comprehensive Plan, and site 9.2 is being provided with more specific recommendations beyond the general that apply to everything that touches General Booth Boulevard, the frontage, the corridor, should we draw the line on the corridor? Phil Russo: Well, and my point is it calls for the corridor, General Booth to preserve the existing wooded corridor as a greenway leading to the aquarium. And I think when you develop the site within 9.2, I think you're limiting the ability to remove any vegetation, any trees under these general recommendations, as I see it. I guess it is just a matter the way I'm interpreting what these guidelines are calling for and what is within the SFA. Jeryl Phillips: Perhaps. I think what you might be wrestling with is how much of the vegetation in site 9.2 should be retained. What constitutes a sufficient buffer to the peak along the corridor? These are the type of things we are going to be wrestling with interpretation,wlthout getting to overly specific in the Comprehensive Plan that's been to general. Bob Thornton: That picture right there shows me, and if you were to go back at it later, you're taking away a substantial amount of the frontage along General Booth Boulevard that will restrict vegetation. That doesn't show it. That doesn't show it. That's a pretty clean picture. The one that you just had, that one shows that little long skinny piece to the right of the triangle that's' going to have a tree removal in position placed on it, and so what you will end up with, I mean from a practical standpoint is you're going to have a hard time developing that little piece behind it. I meant that's the facts. Jeryl Phillips: I would caution you not to interpret the red lines on this map to be a specific depth into a parcel. The intent of the red lines are to indicate that this Suburban Focus Area applies to General Booth Boulevard, both sides not to some specified depth, but in general, the frontage of General Booth Boulevard. That is why you see a little bit overlap here. There is nothing intended by that overlap. It is not to scale, and you don't see it on here because we're trying to zoom into 9.2, which is the parcel boundary of those two parcels. Bob Thornton: I understand. I fully understand. If you were to draw that line on there, it restricts the removal of vegetation. It would go down through the right hand third of that parcel. And include most of the little tiny piece of the bottom. But for all intents and purposes, it is not going to be affected by this anyway. I'm only concerned about the northern portion of 9.2 that is owned by private citizens. That is my concern. Jeryl Phillips: Let me just point out again, in the text amendment, it reads "retain as much natural vegetation along General Booth Boulevard as possible". Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 9 Bob Thornton: And you all get to interpret this? Jeryl Phillips: Along with you. Bob Thornton: Thank you. Dave Redmond: Any other questions for Miller? Phillips? What did I say? I said Miller. I'm sorry. He left. Bob Thornton: He is still here, as he is next to speak. Dave Redmond: Anybody? Are there any other questions? We threw a lot of questions at you this morning and today. It's not you. So, thanks for bearing up with us. Jeryl Phillips: You're very welcome. Dave Redmond: Okay. Thank you. Bob Thornton: Bob Miller has signed up to speak. Dave Redmond: Next speaker. I jumped the gun Bob Thornton: Bob Miller has signed up to speak. Dave Redmond: To jump the gun, here is Mr. Miller. Welcome Mr. Miller. Robert Miller: Bob Miller with MSA. I'm a professional civil engineer. I'm hesitant to even come here to speak to you, but I'm going to do it anyway, not because it shouldn't be done but because it needs to be done. The automobile dealership which is the elephant in the room was presented to staff about a year ago. And we worked with Karen Prochilo for four or five months, probably not quite a year. I am blurring that a little to try to get into position to apply for a rezoning, which would be what some of what your discussion has been. And part of this property, and I can, if you go back to the zoning map please? It is a little hard to see, but see that line right there (pointing to PowerPoint)? That is City-owned property where the SPCA was. This is the private piece that Mr. Thornton was just talking about. So, that basically is where this property is. We applied to be able to purchase the entire thing including the City piece, and working with Karen and working down through a lot of details, up to about last August we met with City Council people, and were asked to meet with the residents of Red Wing. We did meet with that neighborhood civic league, and also the church across the street and some of the other community activities there, which were the only local people that are adjacent to us. So, we did do what more or less you asked. We were thinking we were going through a rezoning Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 10 process. At a point, City Council decided that it was appropriate to change the Comprehensive Plan. That began in August. It is now the following February, and the reason why the Comprehensive Plan has to be changed in my interpretation, and it was only on this site, I don't know why it has to go all the way where it went north and south, and I'm just going to let that be where it is in order for us to perhaps to move to the rezoning, which would follow this. We can't go forward without resolving this matter because of the direction of City Council. And just let me make a point. All of this development between Dam Neck Road and this site is already developed. As you know, if you drive down there, it is commercial, restaurants, storage buildings. And on the other side is the McLeskey property, which in large is already developed. Then you come to the park, than you come to, what's the name of that road? Progress, forgive me, I should know the name. Prosperity, and again, there are residential communities back there. If you go up, and I'm not skipping that community there, it is already there. I think there is a dental office right in there, and two commercial activities up at Birdneck Road. All of those things are already there. That's not life, and I think leryl has been correct. We're not changing any of that stuff. So just to quickly wrap up, and I don't want to speak specifically about the automobile dealership. The other idea was an office park. And we met with the residents. The office park would have approximately an 80,000 square foot building. You want me to stop now? And it would generate a tremendous amount of traffic at 8:00 am to 5:00 pm as an office building would. There is no need for office, as Corporate Landing is, unfortunately, an example, where a brewery was recently proposed and accepted. And an automobile dealership does not have that traffic event every day. We would not have any entrance on General Booth Boulevard, and again, forgive for being anyway too specific. I apologize. I'll stop and answer and let you ask any questions. Dave Redmond: Are there any questions? Mr. Ripley? Ronald Ripley: Mr. Miller, as it is written in this proposed amendment to the Comprehensive Plan, as it speaks specifically to this particular property, are the general terms workable with you? Robert Miller: We are going to ask to have it rezoned B-2. I mean part of it is already B-2, the City owned piece. And we will ask that the entire piece to be B-2. That is what we will ask. There will be signs put up. We will go through all that process for a rezoning separate from this activity. Ronald Ripley: You didn't answer my question. My question is do you think the way it is worded here is workable what you will apply for? Robert Miller: I have a great degree in engineering. I took two years of Latin and my mother wanted me to be a doctor. I not a linguist, but I sat where you sit, and I would interpret it. That we met with the civic leagues. We talked to the people who are in the adjacent areas. If they Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 11 are not concerned about it, then I think we are in the right type of retail, B-2. I think this says it, but there are words in here that I don't know how staff may interpret differently. Dave Redmond: Anybody else for Mr. Miller? Yes sir, Mr. Brockwell. Ross Brockwell: This discussion about the SFA change, will it stall the process? Robert Miller: It just changed the process. There have been rezonings, and you can correct me, they were not always in conformance with the Comprehensive Plan that has been done throughout the history of our city, and that's what we were dealing with. This change was by direction of City Council and I think it is because there is City owned property involved. I wasn't at the meeting. It was a closed session. You would have to ask staff what that was, and this request was made to change the Comprehensive Plan. I don't know where the understanding went from this site to the other sites. All I can do is accept it and try to work within the constraints of what is being proposed. Dave Redmond: That was Mr. Brockwell's first question ever and you got to field it. Robert Miller: I am touched. Dave Redmond: Are there any other questions for Mr. Miller? No. Alright, thank you. Mr. Secretary, are there any other speakers? Bob Thornton: No sir. Dave Redmond: Very well. We will close the public hearing and open it up for discussion. Is there anybody? Okay. I'll start and maybe that will get the ball rolling down the hill some. I'm concerned about a couple of things. I'm concerned about the nature of the debate that we've had because there seems to be an awful lot of back and forth about definitions and the glossary and what exactly it is we're talking about in each of three different parcels. And, where I might not have felt that this morning, I just wonder if we got our arms around it, number one. My greatest concern, however, is the same thing I mentioned this morning and it really doesn't have to do with the auto dealership on the corner. That strikes me as a fairly run of the mill discrete application of which we do dozens a year. The thing that is more concerning to me is that if we do amend the Comprehensive Plan, you are writing the Comprehensive Plan, and typically when we write the Comprehensive Plan, we have a public process. Later on, today, we are going to consider amendments, parts of the Comprehensive Plan that apply to another part of the city, but in that case, there is an active citizen advisory committee which meets regularly, which is very probably going to advise us later on that, and there is none of that here. And there, as I say so much as an orange sign to let people know. Mr. Kemp or Mr. White if you're working that laptop, if you would scroll back to the aerial, bingo, there you go, so; we're going Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 12 to have Comprehensive Plan amendments in an area that extensive, that large, without so much as a meeting just strike me out of the ordinary for what we ought to do. I do not believe the sky will fall, but I think it is important that we go through the steps when we amend the Comprehensive Plan to do that. That is not a judgment on the automobile dealership. What it is trying to be consistent, I think with how we do the things that we do, and I don't think we've really kind of inet what is the minimum standard. I would not envision a deferral that gets us into 2017 or something like that. I don't know, maybe one meeting. We ought to have some public meeting. We ought to have it, and it is more than just the civic league. I understand that, and it's appropriate for Mr. Miller to meet with those folks, but for those places that have been developed, do they not have some input into how the Comprehensive Plan applies within the corridor where you do business. I think that some of that outreach has to be done when we have that kind of public involvement. We intend to uncover things and understand concepts and there has been enough confusion amongst this submittal that I think there is some examination that is necessary. So, what I am asking for myself, I don't think is a lot. I don't think it is a long process. It is a multiple meeting kind of thing, but I think the various stakeholders, and I identified a couple of them, and I heard names of some other ones, at least ought to get the opportunity to get a letter in the mail or a telephone call from Ms. Phillips, who I apologize for calling Miller. I am surprise that I didn't call Miller Phillips. And have the opportunity to look at what we have in front of us. And if they have no comments, that is fine, but I do think we do need to be consistent about how we do that and where we really haven't done it the right way. So that is my view, and we had a long involved discussion this morning about it, but my opinion on that has not changed. Is there anybody else? Mr. Hodgson. Jeff Hodgson: I got this question for Jack. I guess this morning, we spoke that, let's just say if you did defer this for let's just say a 30 day period, is that enough time to have an outreach to the parties that are in proximately to this aquarium, or the campgrounds? Jack Whitney: 30 days would be very tight to have such a meeting. It would take a notification process. Staff would have to send out the notices, find a venue, schedule a time for at least one public information meeting. That would be very difficult to accomplish, and then take the results of that and incorporate it back into your report for the following meeting, your meeting. It would be very difficult to accomplish in 30 days. Dave Redmond: Well, you made a good point. I'm sorry, do you have more? What we're talking about here is not just something to the adjacent land owner. That's the whole corridor. I think this is an issue that applies to the whole corridor, and that is why I kind of feel why we have to the same process that we would normally. We would normally have some public involvement, so I don't think that is necessary; so it is not just about what would be adjacent to parcel 9.2 for SFA 9.2. I might have messed up the terminology. I think we are really talking about the entire General Booth Corridor, so that is my view. Everybody is awful quiet. Mr. Ripley? Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 13 Ronald Ripley: Thank you. When 1 saw this last month, I guess it was it last month when we saw this, when I looked it over and I made this comment I think, that a lot of the recommendations for land use in here are very general in scope and at the time, I was kind of thinking the way you were thinking, and I still think it's important element to go back, and if you had to go back and have public hearings for this type of thing, but we're getting ready to hear a change in a minute for Kempsville and that process occurred in some form or another, but it really didn't occur in an official type of forum, but that is what were kind of looking at here. It is a very small part of the city, and they don't have any guidelines at the moment, and this would provide some guidelines, and it doesn't look like, and 1 was concerned we were removing some rights, but when I look back here at this parcel that has been discussed on and on today, it does include, it doesn't limit it to certain things. It does talk in terms of retail that complements the entrance to Red Wing neighborhood and the entrance to Red Wing Park. That to me speaks when you have a B-2 piece of property right next door to this property, and this application comes forward, I don't know how staff will look at it. To me it makes logic to extend that land use. It's a pattern and density of land use that seems to be logical to me. I don't see this changing a whole lot down there. And I think if we put it in play now, it is not the end of the world, and if it's not working, and it comes around for the Comprehensive Plan overhaul, which we do every five years, this can certainly be modified at that point. It could be modified. I think it will move growth of the corridor along, particularly if this application comes in, and it is quality that we think it is going to be, it was represented it would be, then I think it is a positive step. I hear what you're talking about wanting to wait and have workshops, but I can remember having Comprehensive Plans, and I've been through three Comprehensive Plans now, and I remember very little people showing up when you advertised City-wide for the whole Comprehensive Plan. Because people are very complacent about that, or they are very happy about the way things are being done. You can read it either way. I think we ought to just proceed with this. Let it move along, and let the application come in here, and let's just take the next step. I don't think we are going to hurt ourselves that much by doing it. Dave Redmond: I think you misunderstand me. I'm not talking about a real extensive process. I think a meeting is, you're using the plural kind of form of event. I'm not even using that. I think of something. Mr. Horsley. Donald Horsley: I kind of intend to agree with what Ron is saying. I think we need to go ahead and move forward with this today, or we just put it on the back burner and let it catch up in the normal Comprehensive Plan revisions, which will take place in this year. If we indefinitely defer it, that will move it back three or four months. We will be in the process of revising it by then, and normal action will be taken until the end of the year or the first of next year. So, I think that if it is done this way, go with it like it is today, and as the revision process takes place, it will be relooked at again, and then, if it need any tweaking, it can be tweaked then, and I think Ron mentioned that. So, I'm in favor of going ahead and moving forward. Like I said, we were requested to do this by Council. They knew the Comprehensive Plan was coming up pretty Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 14 soon, and they asked us to still go ahead and do it. I think that staff has put two or three months into this; so, I think they have done a pretty decent job, and I think we got carried away this morning looking at the Jeryl's synopsis of what was in here, and I think that kind of through us off tweak a little bit. I intend to agree with Ron. And, I think we should move forward. Mike Inman: Mr. Chairman, is the Comprehensive Plan due to be reviewed shortly? Jack Whitney: Yes, this year. Mike Inman: This year. Dave Redmond: I was going to ask you the same question. What is the timeframe this year? Jack Whitney: We are beginning to scope it out right now. We anticipate getting organized and scheduled beginning this Spring. Dave Redmond: Spring. Jack Whitney: This Spring. This is not like the previously updated Comprehensive Plan, which of course as you well understand we are required by state law to undertake every five years. This is time to do it. This update will not be anywhere as exhaustive or as extensive as previous Comprehensive Plans were. This will be much more of a fine tuning and an elevation of the role of all of the now completed SGA plans which were part of the plan, the sustainability plan, and other aspects of the Comprehensive Plan, which have already been completed and are policy now. So, it won't be that extensive. Again, we hope to begin in earnest this Spring. A lot of public outreach we pride ourselves in that, and we would like to be able to be in a position by the end of this calendar year to have that update completed. Dave Redmond: Mr. Inman? Mike Inman: Can we get a commitment that this particular item in the Comprehensive Plan will be looked in that limited review that's coming up. Jack Whitney: Absolutely. Mike Inman: In light of that, I'm inclined to agree with Don and Ron about going ahead. Dave Redmond: Mr. Hodgson? Jeff Hodgson: You asked the question I was just going to ask that we can have some reinsurance that this will be vetted at that process. I would feel more comfortable with it. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 15 Dave Redmond: Mr. Thornton. Bob Thornton: When you're ready for a motion, I would like to make it. Dave Redmond: Mr. Thornton. Bob Thornton: I move we approve this with the following suggested changes. On page 15, it says agenda item D1, page 19, right above it, there is a 15. It is either a 15 or 19 depending on how you read it. And I would suggest that after the word "office", strike either "wooded campus like setting", after the word "retail", strike "that complements the entrance etc.", and then the next line "retain as much natural vegetation as possible", strike that. So, it would read when consistent with AICUZ policy, etc., residential, non-residential uses including offices, and retail. And then at the bottom all with the rest of the stuff, "vehicular access", stay the same. And the reason why I say that is this is going to require a rezoning. They are going to have to come back to us and ask us to change an AG-2 piece that's privately owned to B-2 or whatever it is they want to do. They are also going to have to do a site plan, which deals with landscaping, access so my goal is not to let anything in here restrict the development of that and we have to come back at a later date and argue that this language gets in the way of a reasonably decent future use. So that is my motion. Jeff Hodgson: You did say to strike "retain as much natural vegetation along General Booth Boulevard as possible". You want to strike that? Bob Thornton: Yes. Because we have in our ordinance landscaping ordinances, so when someone comes along to develop this site, they have to do a civil engineering drainage study. They have to do a landscaping study. They got to do a road access, entrance, right ins, right outs. So, I don't think, it doesn't seem to me that we need to tell somebody. What is "as possible" mean? Maintain as much vegetation as possible. That is a staff interpretation that could mean 50 feet, 100 feet, or half the property. I let that fall in the ordinance where the ordinance deals with it so that is why I would request that coming out because we have a landscape ordinance. And every site plan that gets turned in as to put so many tree stamps on it. Does that answer your question? Jeff Hodgson: Sort of. Bob Thornton: Do you want to ask another one? Jeff Hodgson: I would like his motion better if he left the "retain as much natural vegetation". Bob Thornton: I could be convinced of that if you left the other two alone. lust have the word "office" and have the word "retail". Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 16 Don Horsley: One thing we have to be cognizance of these are recommendations. These are guidelines. They are not ordinances. They are open to interpretation. Dave Redmond: First off. Jeff Hodgson: I would second Bob's motion if he leaves that one bullet. Bob Thornton: And I would agree to it. Dave Redmond: Okay. I am uncomfortable with that. I am uncomfortable because we're sort of doing this on a fly, and were writing language to stick in the Comprehensive Plan without saying "boo" to anybody, which the part I'm kind of uncomfortable with. This has been on the website, and we just cooked it up I think has to have some kind of consideration. I understand, and it's a good point. But that's precisely the part. We're kind of just making this up now as we go, and I'm uncomfortable to just strike this and put this in and let's do this and let's do that without at least some sort of scrutiny that's before this. I'm going to make a substitute motion. Ronald Ripley: By isolating office and retail that it just says that's permitted, as well as other things as well. I think we just ought to move along on this. City Council decides they want to put it back in. We're recommending to them. I am sure staff can bring it up to what was removed or whatever, and they can have that discussion and if that's important to them. To have those two uses for this particular property I think it is important. I think office is a pie in the sky. I don't think anybody in their right mind would go down there and put an office building, but some sort of retail or commerce there would be appropriate. That is kind of where I am; so, I think we ought to move along on this. Let City Council decide how they wish to handle it if they want to modify it. Let's just move this off our plate. I think it is just ready to go. Dave Redmond: I gotcha. I would like to make a substitute motion that we defer the agenda item indefinitely, not for long however. Mr. Whitney, I'm looking at for the purposes of at least a public meeting but some public involvement before we start rewriting the Comprehensive Plan and recognizing that we are rewriting the Comprehensive Plan is around the corner anyway. My substitute motion is it that we defer the agenda item indefinitely. Anybody? Phil Russo: Do you need a second on that? Dave Redmond: A second to defer the item indefinitely by me and seconded by Mr. Russo. Okay. If there is nothing more, Mr. Weeden we should be ready to vote. Edward Weeden: The vote is open. Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 17 AYE 3 NAY 7 ABS 0 ABSENT 1 BROCKWELL NAY HODGSON NAY HORSLEY NAY INMAN NAY OLIVER AYE REDMOND AYE RIPLEY NAY RUCINSKI ABSENT RUSSO AYE THORNTON NAY WEINER NAY Ed Weeden: By a vote of 3-7, the motion has failed. Dave Redmond: The motion on the floor is the underlying motion made by Commissioner Thornton as amended by Mr. Hodgson. Do you want to repeat that please? Bob Thornton: Yes. I would make a motion to approve as submitted with the following change to page 19, agenda item D1. I would take the words "in a wooded campus like setting" after the word "office" out, and I would do the same thing with the word "retail". All the words that follow the word retail, I would remove. And I would like to remove the word "as possible". Let's leave that be. So, those would be my changes to page 19. Dave Redmond: Correct. Mr. Hodgson? Jeff Hodgson: That's correct. Dave Redmond: Discussion? Mr. Inman? Mike Inman: I would like to raise the issue that the description involving this, this morning would indicate that it is only the former SPCA site, and I believe there may be need to add to the description to include the B-2 property that is privately owned to make it clear what is included in site 9.2. I would like to suggest that an amendment to your amendment. Bob Thornton: If we could call a 5 second timeout. The way this is worded is actually inaccurate. If they're getting after putting conditions on the former SPCA site, there are parcels to the north that are not former SPCA sites, to call all of that former SPCA by definition is wrong because there is a privately owned piece. There is a SPCA former piece and there is another piece below that sidewalk, so there are three parcels in here that have to be dealt with. That Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 18 little tiny piece at the bottom probably is never going to be messed with. The next piece to the north is the SPCA site, and everything to be that is in a private ownership. So, that is something that we should have talked about when we got started. I think the way to fix that would be to add adjacent parcels recommendations for former SPCA parcels. Mike Inman: Or another way to fix it is to delete the first seven words in the sentence. It's a wood site uniquely situated. Jeff Hodgson: Can you note it as section 9.2 because that is defined in the graphic above. Mike Inman: oh I see. Jeff Hodgson: So if you referenced the 9.2 site that would be all encompassing. Dave Redmond: Are we all clear? Take as much as you need to state your motion. Bob Thornton: Let me ask a question to the staff. Is your intention to limit the SPCA site owned by the City or everything to the north all the way to Oceana Boulevard? I think I know what you're going to tell me but I would like to hear it. Jeryl Phillips: No, the intent is not to limit it to the former SCPA site, using the terminology former SPCA site might indeed be limiting but that was the terminology that was suggested because people can relate to where that is. We don't get so specific with labels in the plan to specific parcels. So that was the suggest language. Dave Redmond: So would you like to restate your motion? Bob Thornton: Yes. I'll have a go at it. After the word "recommendations for former SPCA site", add the language "and adjacent parcels". So that takes care of everything above it, and then as I stated before, have the word "office" with nothing behind it. The word "retail" with nothing behind it, and that would be my final motion. Dave Redmond: Mr. Hodgson? Jeff Hodgson: I'll second that. Dave Redmond: Okay. Is there any discussion? Is there further discussion that is? Mike Inman: I think that is adequate enough to get by until the review of the Comprehensive Plan. 1 Item D1 City of Virginia Beach - Comprehensive Plan Amendment North General Booth Page 19 Bob Thornton: Hopefully, it also gets to the point where Council would go ahead and let this thing work its way through a rezoning. That's the whole reason why this got started because they own it. They didn't want an application on their property that conflicted with the Comprehensive Plan, so; if it conforms with the Comprehensive Plan then they will feel more comfortable letting it work its course, as Jack said today. They can apply for this rezoning anytime they want to buy apparently they suggested change in the Comprehensive Plan to make it more palatable or whatever. Dave Redmond: Are there anymore comments? Just to be clear. I am uncomfortable with your motion. I'm uncomfortable with the change as I as said before. There is no need to restate it, so I'm going to vote in opposition. Is there anybody else? Alright Mr. Weeden, we are ready to vote. Ed Weeden: The vote is open. BROCKWELL HODGSON HORSLEY INMAN OLIVER REDMOND RIPEY RUCINSKI RUSSO THORNTON WEINER AYE 8 NAY 2 AYE AYE AYE AYE AYE NAY AYE NAY AYE AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 8-2, the Commission has approved the City of Virginia Beach Comprehensive Plan, North General Booth with the changes so noted. Dave Redmond: Thank you very much. L. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD INVESTIGATIVE REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. 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 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZENDIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS lemoriccl Drry - Monrla?jll. Alay 26 1I IiadeperzdetFCe Day - Frirlay, Ticly 4 Lat?or Dcg - Moraday, September 1 L'eteraris Day - 7'uesrtay, A'overpzber 11 7'hcctaksgivcngl)ikv, alicf..Z?cy after Tlztttaksgivitag- Thur-sdcq, ?Vovet» bcr 27 and Fridcg, 1?'ovettiber 28 Chris°tarzas Eve (iautf-dcq) - ff'ednesda?j', Derelrabet- 24 Clrristnaas Dray - 7`1iursclty, 11ecenaber 25 CITY OF VIRGINIA BEACH S(IMMARY OF COUNCIL ACTLONS R O S DATE: 02/25/2014 PAGE: 1 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E ] A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D 1. CITY COUNCIL BRIEFING A. REAL ESTATE ASSESSMENTS Jerald Banagan, Real Estate Assessor [UIIUIVN- CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y l' E SESSION F MI1`UTES February 11, 2014 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y B S T A 1 N E D G/H-1 PRESENTATION: KEEP AMERICA BEAUTIFUL Susan Burkhardt, Senior Director Dan Baxter, Chair, Virginia Beach Clean Communi I-1 BID OPENING: LEASE OF CITY-OWNED No Speakers PROPERETY 2401 Atlantic Avenue J-1 PUBLIC HEARINGS LEASES OF CITY-OWNED No Speakers PROPERTY a. 2401 Atlantic Avenue b. Farmers Market c. Vetshouse 2 EXCHANGE OF EXCESS CITY- No Speakers OWNED PROPERTY a. 225 Clearfield Avenue 3 SALE OF EXCESS CITY-OWNED No Speakers PROPERTY a. 219 N. Oceana Boulevard b. 606 Goldsboro Avenue - Deferred to DEFERRED TO 03/11 /2014 03/11 /2014 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACT/ONS R O S DATE: 02/25/2014 PAGE: 2 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D 4 PURCHASE AGREEMENT for ARP No Speakers DEVELOPMENT RIGHTS a. 3500 Block of Old Carolina Road 5 UTILITY EASEMENT No Speakers a. Dominion Virginia Power at Winston Place K-1 Ord/Resol to AMEND Sec 2-20 of City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re time/place of regular meetings of CONSENT Cit Council 2 Ordinance to AMEND Sec 4 ARP ADOPTED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance re "Agricultural Use" CONSENT 3 Ordinance to AUTHORIZE acquisition of ADOPTED, BY I0-1 Y Y Y Y Y N Y Y Y Y Y ARP EasemenU issuance of Contract CONSENT Obligations of $558,469 re Furman G. WaII, Jr. 4 Ordinances to DECLARE property in ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXCESS of the City's needs and CONSENT AUTHORIZE the City Manager to: a. EXECUTE all Disposition/ EXCHANGE Documents with Clearfield Real Estate Holdings, LLC at 225 Clearfield Avenue KEMPSVILLE- DISTRICT 2 b. SELL property at 219 North Oceana Boulevard to William R./Jill S. Gude BEACH - DISTRICT 6 5 Ordinance to AUTHORIZE dedication of ADOPTED, BY 10-0 Y Y Y Y Y A Y Y Y Y Y easement to VEPCO at Winston Place/East CONSENT B Stratford Road S T A I N E D 6 Ordinances to AUTHORIZE the City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE: CONSENT a. a Lease with 23 Atlantic LLC at 2401 Atlantic Avenue b. a L,ease with Vetshouse, Incorporated at 1508 Ohio Avenue CITY OF V/RGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DnTE: 02/25/2014 PAGE: 3 S- H S AGENDA H M A E W 1TFM # SUBJECT MOTION VOTE g ] A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D c. a L,ease with Sweet Enchantments Bakery, LLC at the Farmer's Market 7 Ordinance to GRANT Franchise ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement re Pedal Cabs in Resort Area to CONSENT Seven Cities Rickshaw, LLC 8 Resolution to AUTHORIZE Policy on ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y display of banners on pedestrian bridges in CONSENT Central Business Core District at Town Center 9 INN'ESTMENT OF CITY FUNDS: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y CONSENT B a. Resolution re a REVISED Policy/ s Treasurer DIRECTED to use the T Policy for investment of City funds A I b. Ordinance to AUTHORIZE N VACO/VML Virginia lnvestment E Pool Trust Fund to Ci Treasurer D 10 LESNER BRIDGE replacement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Resolution to REQUEST VDOT designate replacement as a Revenue Sharing Program project b. Ordinance to ACCEPT/APPROPRIATE state/federal funding from VDOT/TRANSFER within the roadwa ro ram 11 Ordinance to AUTHORIZE encroachment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into portion of City property at "the Boat CONSENT Basin" in Murray's Creek for SHEILA P. ELDRIDGE at 1138 Milissa Court 12 Ordinances to ACCEPT, ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y APPROPRIATE and TRANSFER: CONSENT a. $523,003 from various buildings rehab/ renewal, Phase III, to Economic DevelopmenUStrategic Growth Area office b. $513,050 from School Site ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Landscaping to Parks and Rec re CONSENT landscape projeets c. $ 90,000 interest free loan to Plaza Rescue Squad re a new ambulance C/TY OF VIRGINIA BEACH SUMMARY OF COUNClL ACTlONS R O S DATE: 02/25/2014 PAGE: 4 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE g ,1 A M S U 1 D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M 1 O O L R Y S E N S D S N N D d. S 74,842 from Va Health, Office of Emergency Medical Services re purchase of cardiac monitor upgrades/Lucas CPR devices/external defibrillators e. .$20,000 from Smart Beginnings ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y South Hampton Roads to Economic CONSENT Development re Early Learning ADDED Resolution naming the "Mary Russo ADOPTED BY 1 1-0 Y Y Y Y Y Y Y Y Y Y ti' Volunteer Recognition Garded' CONSENT L-I GRAHAM REAL ESTATE, LL / APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y KCLB, LLC DISTRICT 1- CONDITIONED CENTERVILLE BY CONSENT a. Amendment to Green Run PDH Plan re development of mini-warehouse (self-storage) b. Variance to Subdivision Ord, Sec 4.4(b), to create new parcel at 1545 L nnhaven Parkwa 2 CROWN CASTLE USA, INC. for DEFERRED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Relocation of Nonconforming Structure CONSENT TO (communication tower) at Meadow Ridge 3/11/2014 Lane DISTRICT 7- PRINCESS ANNE 3 R& J RETAIL INVESTMENTS, INC. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions re service CONDITIONED station/car wash at 5765 Northampton BY CONSENI Boulevard D[STRICT 4 - BAYSIDE 4 ADVENTURE SPORTS PARK, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y 1' LI,GKAMPGROUNDS OF AMERICA, CONDITIONED INC. Modification of CUP ADDING BY CONSENT (Paintball Park) at 1304/1252 Prosperity Road DISTRICT 6 - BEACH 5 MAHESH GOPINATH/KELHAM APPROVED/ 1 1-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES, LLC CUP re (dental CONDITIONED assisting) Training School at 405 South Parliament Drive DISTRICT 2 - KEMPSVILLE 6 LL CILA A. FIGUEREO CUP for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Home Family Child Daycare at 2021 CONDITIONED Manassas Run BY CONSENT DISTRICT 1 - CENTERVILLE CITY OF VIRGlNIA BEACH SUMMARY OF CODNCIL ACTIONS R O S DATE: 02/25/2014 PAGE: 5 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U 1 D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M 1 O O R Y S E N S D S N N D 7 WI"CCHDUCK COURT, LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditional COZ re Proffer CONDITIONED No. 4 (fencing) at 527 North Witchduck BY CONSENT Road DISTRICT 4 - BAYSIDE 8 HOME ASSOCIATES OF VIRGINIA, DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y INC. Conditional COZ from AG-1 to INDEFINITELY Conditional R-15 at 1864 Indian River Road DISTRICT 7- PRINCESS ANNE 9 HIF, LLC; HIC, LLC; MACH ONE, APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y" LLC Modification of a Conditional COZ re PROFFERED BY development of a retail building at 3877 CONSENT Holland Road DISTRICT 3 - ROSE HALL 10 HOFD ASHVILLE PARK, LLC / DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y l' ELBOW FARMS ASSOCIATES, INDEFINITELY DISTRICT 7- PRINCESS ANNE: BY CONSENT a. Conditional COZ from AG-1/AG-2 to PD-1-12 (P-1) re natural open space at 3049 New Bridge Road b. Modification of Proffers of Conditional COZ to ADD the lot at 3049 New Bridge Road 11 Ordinances City: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. ADD Article 22/Sec 2200 - 2212 ESTABLISHING Central Business Core District b. AMEND the Official Zoning Map re "CBC Central Business Core DistricY" c. ADD/AMEND/REORDAIN/ REPEAL/RENUMBER certain Sections to CONFORM to Article 22 CZO re conformance d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan/Policy Document of Comp Plan e. AMEND/REORDAIN Sec 5.5/5.6B/ 5.14 of Site Plan Ordinance f. ESTABLISH Transition Rules for Site Plans/Subdivision Plats/Plans for development g. AMEND Sec 33-1143 re encroachments by outdoor cafes, etc., CITY OF' V/RGINIA BEACH S[IMMAR F' OF CODNCIL ACTlONS R O S DATE: 02/25/20 l4 PAGE: 6 S- H S AGENDA H M A E W ITIiM # SUBJECT MOTION VOTE g ) A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N 1 S N M I O O R Y S E N S D S N N D --j h. AMEND Section 401 re farm stands in Agricultural Districts M APPOINTMENTS RESCHEDULED B Y C O N S E N S U S GfZEEN RIBBON COMMITTEE PIiRSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE V[RGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (V BCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION AUDIT COMMITTEE Appointed: 3 year 11_0 y y y y Y Y Y Y Y Y Y term 05/0112014 - 04/30/2017 Karen Hill HfSTORIC PRESERVATION Appointed: 11_0 y y Y Y Y Y Y Y Y Y Y COMMISSION Unexpired term thru 12/31/2015 Kathr n Yester HUMAN RIGHTS COMMIS510N Appointed: 11_0 y Y Y Y Y Y Y Y Y Y Y Unexpired term thru 03/31/2016 Gre o Medina INVESTIGATNE REVIEW PANEL Appointed: ] 1-0 Y Y Y Y Y Y Y Y Y Y N' Unexpired Yerm thru 08/31/2015 William Hearst WORKFORCE HOUSING ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y l' COMMITTEE Unexpired term thru 09/30/2016 John Geor hiou N/O/P ADJOURNMENT 7:50 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 02/25/2014 PAGE: 7 S- H S AGENDA H M A E W [TEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M 1 O O R Y S E N S D S N N D 2014 CITYHOLIDAYS Mrrraorial I)aY.. :1lrrnrlas'. ;11413' 'h IrtdeperrdeizA e DaY - /'rirla.p. J»li' 4 Lafior L?aY - 31orxilrrr. Seplenzber 1 ietrrrxns Z?qV- IErestlny. ;VavernLer ll TlrarrrksgtvirXg L>nYnnd I>qp after Tkarzksgivrrrg -- ihursrlnv. Noverxber 27 rrrtrl I'ridw'. N'nrenzher'8 Citrisurras Eae (tralf-dqy) - 13'edrresdnp. Uecc°nrhzr• 24 Cltri,sTmcis Drn• - T7rursdnl'. Deceinber 25 CITY COUNCIL MEETINCS RESCHEDULED EFFECTI VE: JUNE I, 2014 F/RST/THIRD TUESDAYS: BR/EFING//NFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN GTIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00 - 6: 00 PM CITY COUNCIL RETREAT Economie Deve[opment Offiee Town Center Monday, September 8, 2014