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HomeMy WebLinkAboutAPRIL 8, 2014CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY A UDI TOR -- LYNDON S. REMIAS CITY CLERK -- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 08 APRIL 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov. corn I. CITY COUNCIL WORKSHOP II. IV. V. - Conference Room - A. FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) 1. QUALITY PHYSICAL ENVIRONMENT a. Planning — Jack Whitney b. Public Works — Phil Davenport c. Public Utilities — Tom Leahy CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW - Conference Room - INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rodney Puckett Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS MARCH 25, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION 1. OCEAN LAKES HIGH SCHOOL — Mayor Will Sessoms Councilman Jim Wood I. PUBLIC HEARINGS 1. PROPOSED LOCAL PROPERTY TAX EXEMPTIONS a. Kim's Microboard, Inc. b. Family Christian Resource Center, Inc. 2. FRANCHISE OF CITY PROPERTY a. Lifeguard Stands and Storage Boxes in the Resort Area J. ORDINANCES/RESOLUTIONS 1. Ordinance to DESIGNATE local real and personal property Tax Exemptions: a. KIM'S MICROBOARD, INC. b. FAMILY CHRISTIAN RESOURCE CENTERS, INC. 2. Ordinance to ACCEPT and APPROPRIATE Grant funds re Pre -Hospital Patient Care Reporting 3. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road DISTRICT 7 — PRINCESS ANNE 4. Ordinance to AUTHORIZE construction and acceptance of Dedication of a Performance Stage at 34th Street 5. Ordinance GRANTING a Franchise to Strategic Art Solutions, LLC re the decoration of Lifeguard Stands and Storage Boxes in the Resort Area 6. Ordinance to ACCEPT the 2014 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AUTHORIZE temporary Encroachments into a portion of the City right-of-way and a Public Utility Easement at 5445 Connie Lane for Bribra Baker, Inc. DISTRICT 2- KEMPSVILLE 8. Ordinance to TRANSFER $250,000 within the FY 2013-14 Operating Budget to continue PPEA Light Rail Evaluations K. PLANNING 1. Application of DON and CONCETTA BRYDGE for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO), re combine parcels at 3189 Indian River 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 and March 11, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of MATTHEW ALVES for a Conditional Use Permit re Home Occupation (firearms and gunsmithing) at 2445 Brush Creek Lane DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of PATRICIA ANNE VOGEL for a Conditional Use Permit re Family Child Daycare at 3 712 Massanutten Court DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 5. Applications of MILLER HOLDING II, LLC, DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning, from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re Multi -Family dwellings at 4877 Shore Drive RECOMMENDATION: ALLOW WITHDRAWAL 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning, from AG -1 andAG-2 Agricultural to Conditional PD -H2 Planned Unit Development District re dwellings at 2800 - 2900 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional A-18 Apartment re apartment and townhouse units at the West side of Windsor Oaks Boulevard South of Holland Road DISTRICT 3 — ROSE HALL RECOMMENDATION: DEFER TO MAY 13, 2014 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional B-2 Community Business and Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road DISTRICT 4 — BAYSIDE RECOMMENDATION: INDEFINITE DEFERRAL L. APPOINTMENTS GREEN RIBBON COMMITTEE EASTERN VIRGINIA MEDICAL SCHOOL HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************* ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 April la April 8th April 15th April 22nd May 1st May 6th May 13th FY 2014-2015 RESOURCE MANAGEMENT SCHEDULE Budget Workshop/Briefings Budget Workshop/Briefings City Council Meeting Budget Workshop/Briefings Budget Workshop/Briefings PUBLIC HEARING City Council Meeting PUBLIC HEARING Reconciliation Workshop City Council Meeting Vote on Budget Conference Room Conference Room City Council Chamber Conference Room Conference Room City Council Chamber KEMPSVILLE HS Conference Room Council Chamber 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 CITY HOLIDAYS Doy ionday, Alai' 26 Independence Day - Friday, July 4 Labor Day - Monday, September 1 Veterans Day - Tuesday, November 11 Thanksgiving Day and Day after Thanksgiving — 'Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - esday, December 24 Christmas Day - Thursday, December 25 I. CITY COUNCIL WORKSHOP - Conference Room - 3:00 PM A. FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) 1. QUALITY PHYSICAL ENVIRONMENT a. Planning — Jack Whitney b. Public Works — Phil Davenport c. Public Utilities — Tom Leahy II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW - Conference Room - 5:00 PM V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER -- Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rodney Puckett Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS MARCH 25, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION 1. OCEAN LAKES HIGH SCHOOL — Mayor Will Sessoms Councilman Jim Wood I. PUBLIC HEARINGS 1. PROPOSED LOCAL PROPERTY TAX EXEMPTIONS a. Kim's Microboard, Inc. b. Family Christian Resource Center, Inc. 2. FRANCHISE OF CITY PROPERTY a. Lifeguard Stands and Storage Boxes in the Resort Area NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday, April 8, 2014 at 6:00 PM in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and personal property taxes (rounded to the nearest dollar): Kim's Microboard, Inc. has a real property assessment of $202,800 and taxes assessed at $1,886 and tangible personal property assessment of $0 and taxes assessed at $0; and Family Christian Resource Center, Inc. has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $82,987 and taxes assessed at $3,071. A copy of the proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800- 828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon March 23, 2014 24006384 PUBLIC NOTICE CITY OF VIRGINIA BEACH FRANCHISE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on April 8, 2014, in the City Council Chamber regarding a proposed franchise. As proposed, the franchisee will decorate various lifeguard stands and wooden storage boxes along the sandy beach in the Resort Area and may include portions of the sandy beach to include the North End, 57th Street Beach, Croatan, and Sandbridge. The purpose of the Hearing is to obtain public comment on the proposed franchise. A copy of the full text of the ordinance and summary of the proposed franchise agreement are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building at 2401 Courthouse Drive, Virginia Beach, Virginia. Any questions concerning the above - referenced franchise should be directed to Mike Eason, SGA/Resort Management Office, by calling (757)385-4800. Ruth Hodges Fraser, MMC City Clerk Beacon March 23 & 30, 2014 24006396 J. ORDINANCES/RESOLUTIONS 1. Ordinance to DESIGNATE local real and personal property Tax Exemptions: a. KIM'S MICROBOARD, INC. b. FAMILY CHRISTIAN RESOURCE CENTERS, INC. 2. Ordinance to ACCEPT and APPROPRIATE Grant funds re Pre -Hospital Patient Care Reporting 3. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road DISTRICT 7 — PRINCESS ANNE 4. Ordinance to AUTHORIZE construction and acceptance of Dedication of a Performance Stage at 34th Street 5. Ordinance GRANTING a Franchise to Strategic Art Solutions, LLC re the decoration of Lifeguard Stands and Storage Boxes in the Resort Area 6. Ordinance to ACCEPT the 2014 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AUTHORIZE temporary Encroachments into a portion of the City right-of-way and a Public Utility Easement at 5445 Connie Lane for Bribra Baker, Inc. DISTRICT 2- KEMPSVILLE 8. Ordinance to TRANSFER $250,000 within the FY 2013-14 Operating Budget to continue PPEA Light Rail Evaluations ITEM: An Ordinance to Designate Kim's Microboard, Inc., and Family Christian Resource Centers, Inc., as Being Exempt from Local Property Taxation MEETING DATE: April 8, 2014 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008. ■ Considerations: The Commissioner of the Revenue has received two applications for tax exemption by designation in this period. The Commissioner has reviewed the applications and finds each meets the City Council policy for Tax Exemption by Designation. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for this item will be held on April 8, 2014, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinance (2); Commissioner of Revenue Summary of the Application (2) Recommended Action: Approval of Ordinance Submitting Department/Agency: Commissioner of the Revenue City Manage7660.01 III OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Kim's Microboard Inc T/A Kim's Microboard Inc 4404 Hudgins Drive Virginia Beach, VA 23455 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Kim's Microboard Inc. is a corporation formed to establish a network of family and friends devoted to looking after the day-to-day and long term needs of Kim. Kim is a severely disabled person with uncontrollable seizures who needs around-the-clock care. The corporation owns the home where Kim and her caregiver reside. The corporation is a nonprofit organization that is clearly structured to take care of Kim's needs. The corporation's income is generated solely from state and federal programs as well as rent the caregiver pays. The corporation does not meet the local real estate tax exemption qualification that a permanently and totally disabled person would normally be entitled to because the corporation owns the home. Kim's Microboard Inc. is asking for exemption from real property taxation by designation as a benevolent organization per Virginia Code section 58.1-3651. TAX IMPACT Real Property Assessment: $202,800.00 Tax: $1,886.04 Business Property Assessment: None Tax: None Personal Property Assessment: None Tax: None RELEVANT INFORMATION For more information on Microboard, see http://www.vi ri n is nay�ator.org/vn/microboard-overview/article-24178.asa III OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Family Christian Resource Centers Inc. TIA. Family Christian LLC 4314 Virginia Beach Blvd Virginia Beach, VA 23452 Website: http://www.familychristian:corn SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Family Christian has a retail location here in Virginia Beach. The store sells religious items to the public. In late 2012, the entity went from a for-profit retailer to a non-profit ministry. 100% of all sales go to Christian charities. One of the primary missions is to serve the needs of orphans and widows. Family Christian engages in Christian missions including organizing and assisting with humanitarian and disasterrelief efforts, some of which may be abroad. TAX IMPACT: Real Property Assessment: None Tax: None Business Property: Assessment: $82,987.20 Tax: $3,070.53 Personal Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status —11/15/2012 1 AN ORDINANCE TO DESIGNATE KIM'S MICROBOARD, 2 INC., AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Kim's Microboard, 8 Inc.; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kim's 14 Microboard, Inc., as a benevolent organization within the context of § 6(a)(6) of Article X of 15 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Kim's Microboard, Inc. located within 18 the City of Virginia Beach that is used exclusively for benevolent purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Kim's Microboard, Inc. for exclusively 24 benevolent purposes; 25 26 (b) that each July 1, Kim's Microboard, Inc. shall file with the Commissioner of 27 the Revenue a copy of its most recent federal income tax return, or if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2017, Kim's Microboard, Inc. 32 shall file an exemption application with the Commissioner of the Revenue as 33 a requirement for retention of the exempt status of the property; and 34 35 (d) that Kim's Microboard, Inc. cooperate fully with the Commissioner of the 36 Revenue with respect to audit of its financial records, compliance with the 37 terms of this ordinance. 38 39 4. That the effective date of this exemption shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Com ► issioner o'the evenue CA12928 R-1 March 14, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: 1 AN ORDINANCE TO DESIGNATE FAMILY CHRISTIAN 2 RESOURCE CENTERS, INC., AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Family Christian 8 Resource Centers, Inc.; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Family 14 Christian Resource Centers, Inc., as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia and § 58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Family Christian Resource Centers, 18 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes 19 on a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Family Christian Resource Centers, Inc. for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Family Christian Resource Centers, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2017, Family Christian 32 Resource Centers, Inc. shall file an exemption application with the 33 Commissioner of the Revenue as a requirement for retention of the exempt 34 status of the property; and 35 36 (d) that Family Christian Resource Centers, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Comissio 'e of e Revenue City o ey' Office CA12929 R-1 March 14, 2014 2 ITEMS: An Ordinance to Accept and Appropriate Grant Funds for the Purchase of Computers for Pre -Hospital Patient Care Reporting MEETING DATE: April 8, 2014 • Background: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the City of Virginia Beach Department of Emergency Medical Services (EMS) a State grant under the Virginia Pre Hospital Information Bridge Special Initiative Grant Program totaling $57,845. Grant funds will be used to purchase twenty- seven Windows Surface Tablets for deployment on Fire Apparatus and seventeen Panasonic C2 Computers to begin the replacement of the 54 existing Panasonic CF -19 computers deployed since 2010 on ambulances. The 54 existing CF -19 computers use older technology and are at the end of their useful lives. The tablets and replacement computers are needed to ensure timely and proper documentation of pre -hospital patient care and will be utilized by pre -hospital patient care providers of the Virginia Beach Emergency Response System. • Considerations: This grant will cover 100% of the cost to purchase this equipment and does not require a local grant match. Funds will be provided on a reimbursement basis upon submission of invoices from EMS to the Virginia Office of Emergency Medical Services. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manage 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE PURCHASE OF COMPUTERS FOR PRE - 3 HOSPITAL PATIENT CARE REPORTING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $57,845 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with estimated state revenues increased 10 accordingly, to the FY 2013-14 Operating Budget of the Department of Emergency Medical 11 Services for costs associated with the purchase of 27 Windows Surface Tablets and 17 12 Panasonic C2 Computers to be used for pre -hospital patient care reporting. 13 14 Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014 APPROVED AS TO CONTENT: /1-2 Budget and Management Servic: s City Auto -y's • ice APPROVED AS TO LEGAL SUFFICIENCY: CA12930 R-1 March 20, 2014 I II r 011‘'..4.1KI:e4i 4\ F if r \.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing a Freestanding Mobile Home on Property Located at 4231 Charity Neck Road in Accordance with Section 19-19 of the Virginia Beach City Code. Herbert and Pearl Crichton. (GPIN # 24114107250000 ). PRINCESS ANNE DISTRICT. MEETING DATE: April 8, 2014 • Background: Section 19-19 of the Virginia Beach City Code allows one freestanding mobile home as accessory to a single-family home in the Agricultural Districts provided that the following stipulations are met: (1) The mobile home must be located on the same parcel as the principal residence and it must be placed to the rear or side of the principal residence. The mobile home must meet all required setbacks. (2) The mobile home is not located within 400 feet of any other existing residence. (3) The Department of Planning shall notify all adjoining property owners of the application and allow them 15 days to object to the proposal. (4) The Department of Public Health must review and approve the proposed method of sewage disposal for the mobile home. (5) The freestanding mobile home shall only be occupied by a member of the immediate family of the resident of the principal dwelling on the parcel and only one family can occupy the mobile home. (6) If the Planning Department receives any objection from adjoining property owners, the Planning Department must forward the request to City Council. If no objections are received, the Planning Department shall issue a permit for the mobile home. • Considerations: The Crichtons reside on an 11.35 acre parcel, which is one of four flag lots located on this portion of Charity Neck Road. The subject site is 1,200 feet from the road. There is a single-family dwelling and several accessory buildings on the parcel. The Crichtons are requesting approval to place a 32' by 76' mobile home on the site to be occupied by their adult son. Herbert and Pearl Crichton Page 2of2 The submitted site plan shows that the mobile home will be located to the rear and on the north side of the Crichton's home. The mobile home will be approximately 1400' from Charity Neck Road and over 500' from any other dwelling unit. A picture of the proposed mobile home has been submitted and is included in this agenda package. In accordance with City Code Section 19-19, notices of the request were sent to all eight adjacent property owners and two objections were returned to the Planning Department. Since objections were received, the application was not approved administratively, but has been placed on City Council's agenda for a public hearing and vote for approval or disapproval. All adjoining property owners have been notified of the public hearing. • Recommendations: Planning Staff recommends approval of this request to the City Council subject to the conditions recommended below. The proposal meets the requirements of Section 19-19 of the City Code and will allow the Crichton's son to live on the property. If approved, the following conditions should be required: 1. Health Department approval must be obtained prior to issuance of a building permit for the mobile home. 2. The mobile home shall only be occupied by a member of the immediate family in the principal dwelling and only one family can occupy the mobile home. 3. The location and appearance of the mobile home shall substantially adhere to the submitted site plan and picture on file in the Planning Department. 4. All Building Code requirements must be met. • Attachments: Location Map Site Plan Picture of Mobile Home Forms from Adjoining Property Owners Who Objected Resolution Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Department City Manager. er`•�� • V✓ kJST STANLEY WiL JAMSON s SAUK OfCli 1- 0 4,3,; . vl • - • 1\10+ -te, 9c.4 4. 01 TCH =Q SgO 491 25" 2,413.„54. s 75* 45 570. NOTE - BEARINGS a 0 PARENTHESIS RECORDED PLAT DISTANCES AS EXISTING DIT p6o 361.59' 3° 33 10 W 536 50T TOTAL VL. wHr 74° 34 29E 383.46' rage 1 01 1 TreeoSe.Ci /92dbi/c e. C rich ton http://www.mhvillage.com/GetPhoto.php?key=3349351 2/21/2014 RECEIVED "TANNING/zpNING Department of Planning Zoning Administration Division 2405 Courthouse Drive, Room 100 Virginia Beach, Virginia 23456 Re: Request for a freestanding mobile home at 4231 Charity Neck Road Virginia Beach, Virginia Uwe (doh object to the freestanding mobile home that is requested by Herbert and Pear Crichton located at 4231 Charity Neck Road, Virginia Beach, Virginia 23457. Signature 41.3 14 31L �- Address 1 Az. Date own U Ti /1Q/ 3 r10°a Karen Houc • 's From: Mom Stevens nscl;:i_ira::-,:rimcl.ccii 1 Subjc:ct: letter to zoning Date: January 29, 2014 al 6:39 PM To: Karen Houchins AThotic:Thirlsic.c:K.r1,-:,1, Mom Stevensrisch'i oc-Avsn. corn Dept of Planning Zoning Administration Division 2405 Courthouse Dr. Room 100 Va Beach, Va. 23456 Re: Request for a freestanding mobile home at 4231 Charity Neck Road Virginia Beach, Virginia 7574202226 p.2 I/we (citietseff) object to the freestanding mobile home that is requested by Herbert and Pearl Crichton located at 4231 Charity Neck Road, Virginia Beach, Virginia 23457. Signature Lu2_, /I- ,2 3 S Address Date 1 A RESOLUTION AUTHORIZING A 2 FREESTANDING MOBILE HOME ON 3 PROPERTY LOCATED AT 4231 CHARITY 4 NECK ROAD 5 6 7 WHEREAS, Herbert and Pearl Crichton (the "Applicants") are the owners of a 8 11.35 acre parcel of property located at 4231 Charity Neck Road (the "Property") in the 9 Agricultural Zoning District, Princess Anne District; and 10 11 WHEREAS, the Applicants desire to locate a freestanding mobile home on the 12 Property, pursuant to City Code Section 19-19, as required for freestanding mobile 13 homes in Agricultural Districts; and 14 15 WHEREAS, the said mobile home will be located on the same parcel as the 16 principal residence and will be located to the rear of the principal residence and 17 occupied by a member of the Applicants' immediate family; and 18 19 WHEREAS, the said mobile home is located more than four hundred feet (400') 20 from any other existing residence; and 21 22 WHEREAS, objections were received from adjoining property owners, and 23 therefore, the City Council must approve or disapprove the application; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby approves the application to allow a freestanding 29 mobile home on the Property located at 4231 Charity Neck Road, subject to the 30 following conditions: 31 32 1. Health Department approval must be obtained prior to issuance of a building 33 permit for the mobile home. 34 35 2. The mobile home shall only be occupied by a member of the immediate 36 family in the principal dwelling and only one family can occupy the mobile 37 home. 38 39 3. The location and appearance of the mobile home shall substantially adhere to 40 the submitted site plan and picture on file in the Planning Department. III 41 42 4. All Building Code requirements must be met. 43 44 Adopted bythe Council of the City of Virginia Beach, Virginia, on the p 45 day of , 2014. APPROVED AS TO CONTENT: I \' Planning epartment CA12920 R-2 March 13, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office (L.si CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance Authorizing the Construction and Acceptance of Dedication of a Performance Stage on City Property at 34th Street at the Oceanfront. MEETING DATE: April 8, 2014 • Background: Representatives of Professional Hospitality Management, Inc. ("PHM") have approached the City of Virginia Beach (the "City") about constructing a performance stage within the public right-of-way at the eastern end of 34th Street adjacent to the boardwalk at the Oceanfront (the "Stage"). The proposed location of the Stage is between the Ocean Beach Club and the newly constructed Hilton Garden Inn. Both hotels are owned by affiliates of PHM. PHM proposes to construct the Stage, which would be approximately eight (8) feet in diameter and twelve (12) feet high, including the roof, at the cost of approximately $150,000. The Stage would be dedicated to the City upon completion. After dedication, the Stage would be operated and managed under the City's existing entertainment contract. • Considerations: PHM would bear all costs associated with the construction of the Stage. PHM would be responsible for obtaining all necessary approvals, permits and inspections, and complying with all applicable laws, codes and regulations associated with construction of the Stage. One of the requirements would be the posting of a bond to restore the right-of-way to its current condition should construction of the Stage be commenced but not completed. Once dedicated to the City, the Stage would be public and the City would be responsible for ongoing maintenance costs. Operation and management of the Stage under the City's existing entertainment contract is consistent with the other public stages at the Oceanfront. As with other public stages, a portion of the entertainment provided at the Stage is funded through the City's contract, and the neighboring business owners (the affiliates of PHM) would provide additional funds for additional entertainment. • Public Information: Advertisement of City Council Agenda. • Recommendations: Approval. • Attachments: Ordinance, Location Map (Exhibit A) Recommended Action: Approval • StrategicGrowth Area Office *%(:- Submitting Department/Agency. City Manager '4, 1 1 AN ORDINANCE AUTHORIZING THE 2 CONSTRUCTION AND ACCEPTANCE OF 3 DEDICATION OF A PERFORMANCE 4 STAGE ON CITY PROPERTY AT 34TH 5 STREET AT THE OCEANFRONT 6 7 WHEREAS, Professional Hospitality Management, Inc. ("PHM") has proposed to 8 construct aerformance stage within the public right-of-way at the eastern end of 34th p g 9 Street adjacent to the boardwalk at the Oceanfront (the "Stage"); 10 11 WHEREAS, the proposed location and dimensions of the Stage are shown on 12 the location map attached hereto as Exhibit A, and made a part hereof; 13 14 WHEREAS, PHM proposes to dedicate the Stage to the City of Virginia Beach 15 (the "City") upon completion of construction, for use as a public performance stage; and 16 17 WHEREAS, City Council is of the opinion that the Stage would be a valuable 18 public amenity for the citizens and visitors to the City. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. Professional Hospitality Management, Inc. ("PHM") is hereby authorized to 24 construct the Stage within the public right-of-way, as shown on the location map, 25 attached hereto as Exhibit A, and made a part hereof, so long as such construction is 26 done in accordance with all applicable laws, codes and regulations, and PHM receives 27 all necessary permits and plan approvals. 28 29 2. After completion of the Stage, the City Manager is authorized to execute 30 any and all documents necessary to accept the dedication of the Stage from PHM, so 31 long as such documents are acceptable to the City Manager and in a form deemed 32 satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the day 35 of , 2014. APPROVED AS TO CONTENT: Strategic Growth Area Office CA12947 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D025\P017\00118198.DOC R-1 March 28, 2014 APPROVED AS TO LEGAL SUFFICIE City Attorney EXHIBIT A — LOCATION MAP (Page 1 of 2 Acoustical Entertainment Stage 0,, .5. • , Ocean Beach X st ,4Nmmmiemmmimmma. . i 4 Al ' * ' i, All 1 11 'di 1 1 11 4 111 113 4 0 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Granting a Franchise to Strategic Art Solutions, LLC, to Allow the Decoration of Lifeguard Stands and Storage Boxes in the Resort Area and Other Areas MEETING DATE: April 8, 2014 • Background: Strategic Art Solutions, LLC, ("Strategic Art") has proposed Project LifeguART (the "Project"), which is a pilot program that makes lifeguard stands and beach rental storage boxes into functional artwork. As proposed, the Project will focus at the Resort Area, but it could be expanded to include the North End, the 57th Street Beach, Croatan Beach, and Sandbridge Beach. The Resort Advisory Commission ("RAC") formally endorsed the Project at its February 6, 2014 meeting. • Considerations: The City Council has provided a public hearing to receive the public's input on the Project. As proposed, the franchise will require Strategic Art to coordinate designs with the City's Arts and Humanities Commission and all public safety related matters with the Department of Emergency Medical Services. Additionally, Strategic Art would need to further coordinate with the City's lifeguard services vendor, Virginia Beach Lifesaving Service, Inc., and the City's beach equipment rental permittee, Sunrise Beach Services, LLC. If Strategic Art desires to include advertisements or acknowledgments of sponsors, the franchise agreement requires preapproval from Zoning. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. As discussed above, a public hearing will be held. Notice of that hearing was advertised in the Beacon on March 23, 2014, and March 30, 2014. Council was briefed on the Project at its March 4, 2014 Workshop, and this briefing has been re -broadcast on Virginia Beach Television and available for streaming on vbgov.com. • Attachments: Ordinance, Summary of Agreement Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Are City Manager:Q�v�„r.�.3 Summary of Terms Pilot Franchise - LifeguART Franchisee: Strategic Art Solutions, LLC Nature of Franchise: Project LifeguART: the Franchisee seeks to commission artists to paint lifeguard stands and storage boxes to create functional public art. Service Area: Resort Area Beach. Permissive to include North End, 57th Street Beach, Croatan Beach, and Sandbridge Beach with the mutual agreement of the City and Franchisee. Term: One year, with one possible renewal year. Franchise Fee: One dollar. The. Franchise Fee does not include any payment required by Virginia Beach Lifesaving Services, Inc., or Sunshine Beach Services, LLC. Operational Criteria: The following are requirements of the Franchise: 1. Franchisee shall coordinate with Virginia Beach Department of Emergency Medical Services for all issues related to public safety. Expressly included herein are any public safety messages currently provided to beachgoers and the street name on the lifeguard stands. Any costs associated with fulfilling this requirement shall be the responsibility of the Franchisee. 2. The Arts and Humanities Commission, Public Art Committee, pre -approval is required for all paintings of lifeguard stands and storage boxes. 3. The permission provided by the franchise is subject to the Franchisee coordinating with Virginia Beach Lifesaving Services, Inc. and Sunshine Beach Services, LLC. 4. Any structural alteration of a lifeguard stands, including adding wheels, requires the preapproval of Virginia Beach Emergency Medical Services. 5. Preapproval from Zoning is required for any advertisements (sponsors or otherwise) that are incorporated into the design/art. 6. The sponsors must be consistent with the family nature of the Resort Area. To wit, sponsors shall not include groups or businesses that promote or sell alcohol, tobacco, gambling, sexually explicit or pornographic materials, violence, illegal drugs, or attacks on ethnic, racial or religious groups. The City Manager or designee shall resolve any dispute regarding the acceptability of any sponsor under this criterion. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits with City named as additional insured. Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. ITEM: An Ordinance to Adopt the 2014 Housing Choice Voucher Annual Agency Plan, to Adopt a Revised Administrative Plan, and to Authorize the City Manager to Execute and Submit the Plan to the U.S. Department of Housing and Urban Development MEETING DATE: April 8, 2014 ■ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCVP"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate an HCVP to submit: (1) an annual plan for each fiscal year in which federal funding is received for its HCV program; and (2) an administrative plan. ■ Considerations: The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the Five Year Plan. The Annual Agency Plan describes the organization of the HCVP and details the strategies employed in satisfying affordable rental housing needs in the City. The Annual Agency Plan consists of a mission statement, long term goals, and a series of strategies to accomplish those goals. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws and HUD rules and regulations. Also covered by this ordinance is the HCV Administrative Plan, which details the policies and procedures that govern the day to day operation of the HCVP. The previously approved Administrative Plan has undergone revisions and is included for approval in this ordinance request. The Annual Agency Plan incorporates the provisions of this revised Administrative Plan and also provides additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 15, 2014. ■ Public Information: Public information will be provided through the normal Council agenda process. Other federally -required notice and opportunities for public review and comment will be completed prior to submission to HUD. ■ Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordinance Submitting Department/Agency: Housing City Manager. j rhood Preservation 1 AN ORDINANCE TO ADOPT THE 2014 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN, TO ADOPT A 3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLAN TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCVP"), 10 formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate an HCVP to submit: (1) an Annual Plan for each fiscal 14 year in which such agency receives federal funding for its HCVP; and (2) a revised 15 Administrative Plan as applicable; and 16 17 WHEREAS, the purpose of the Annual Plan is to update HUD on the DHNP's 18 progress in achieving the goals stated in the five-year plan; and 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCVP; and 22 23 WHEREAS, as required by HUD, DHNP has prepared the Annual Agency Plan 24 and an Administrative Plan; and 25 26 WHEREAS, the DHNP is also required by HUD to include a certification in the 27 Annual Plans demonstrating DHNP's compliance with applicable laws, and HUD rules 28 and regulations, in order to continue to operate the HCVP; and 29 30 WHEREAS, executive summaries of the Annual Plan and the Administrative Plan 31 are attached hereto, and a copy of all plans are on file with the City Clerk. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 DHNP's Annual Plan and revised Administrative Plan for the Housing Choice 37 Voucher Program are hereby ratified and adopted, and the City Manager is hereby 38 authorized and directed to execute and submit the Annual Plan to the U.S. Department 39 of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: Department Neighborhood CA12927 R-1 March 14, 2014 using & reservation APPROVED AS TO LEGAL Executive Summary 2014 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 8, 2014 Federally -Required Plans for the Housing Choice Voucher Program The Department of Housing & Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 1,900 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Five Year Agency Plan Provides long term guidance for the program Describes the agency's plan for the current year, consistent with the five year plan This plan was developed and adopted by Council in 2010. Developed by staff and proposed for adoption by Council with this ordinance Administrative Plan Describes in detail how the HCV program will operate Amendments have been developed by staff and are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de -concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) 1 Executive Summary 2014 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 8, 2014 - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found On February 20, 2014, the Annual Plan Update was made available to the public for the required 45 -day review period. A public hearing was held on March 25, 2014, in conjunction with our Resident Advisory Board meeting. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan update and the two required certifications must be electronically submitted to HUD no later than April 15, 2014, which is the required 75 days before the beginning of our Federal Fiscal Year of July 1, 2014. Administrative Plan: Staff has developed the 2014 revisions to the plan. Primary differences between the prior plan and this proposed revision are as follows: • Numerous format, grammatical and organizational corrections. • Revisions to ensure the plan reflects actual day-to-day operations of VBDHNP's Rental Housing Division. • Revisions to ensure compliance with federal regulations in the Project Based Voucher component • Revisions to ensure compliance with federal regulations Section 504/ADA in regards to Reasonable Accommodation. • Insertion in Housing Quality Standards Inspections policy to allow for Self - Certification for non -life-threatening citations in the inspection policy • Insertion in Housing Quality Inspection Policy regarding pest management required regulation. • Clarification of preferences claimed in determining eligibility. These proposed revisions were advertised and made available along with the Annual Plan as noted above. 2 ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City wa Ri ht -of - known as Connie Lane and a Public Utility Easement Located at Right-of-way 5445 Connie Lane for Bribra Baker, Inc. MEETING DATE: April 8, 2014 ■ Background: Bribra Baker Inc., a Virginia corporation has requested permission to construct and maintain asphalt pavement, parking areas, concrete curbs, gutters, two (2) 6' high wood fences, a gate, decorative entrance fence and columns within the City's right-of-way known as Connie Lane, located at 5445 Connie Lane, and Y g Y as halt pavement, concrete curb and gutter and concrete sidewalk within a 35' p public utility easement in the City. In 2007, the Council approved the closure of a portion of Connie Lane, which is the same location as this encroachment. However, only one of the two abutting property owners completed that closure process, so a portion of Connie Lane p Y remains public right-of-way. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate N\b City Manage 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS CONNIE 7 LANE AND A PUBLIC UTILITY 8 EASEMENT LOCATED AT 5445 9 CONNIE LANE FOR BRIBRA BAKER, 10 INC. 11 12 WHEREAS, Bribra Baker, Inc, a Virginia Corporation, desires to construct and 13 maintain asphalt pavement, parking areas, concrete curbs, gutters, two (2) 6' high wood 14 fences, a gate, decorative entrance fence and columns within the City's right-of-way 15 known as Connie Lane, located at 5445 Connie Lane, and asphalt pavement, concrete 16 curb and gutter and concrete sidewalk within a 35' public utility easement in the City of 17 Virginia Beach, Virginia; and 18 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 right-of-way 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, Bribra Baker, Inc. its heirs, 27 assigns and successors in title are authorized to construct and maintain asphalt 28 pavement, parking areas, concrete curbs, gutters, two (2) 6' high wood fences, a gate, 29 decorative entrance fence and columns within the City's right-of-way known as Connie 30 Lane and asphalt pavement, concrete curb and gutter and concrete sidewalk within a 31 35' public utility easement as shown on the plat marked Exhibit "A" and entitled: 32 "EXHIBIT A ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAKER PARCEL A 33 SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A 34 PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT 35 NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT 36 OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 37 1" = 100' OCTOBER 29, 2013," prepared by ERIC A. GARNER, LAND DURVEYOR 38 FOR wpl Landscape Architecture Land Surveying Civil Engineering, said plat consists of 39 three (3) sheets, a copy of which is on file in the Department of Public Works and to 40 which reference is made for a more particular description; and 41 42 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 43 subject to those terms, conditions and criteria contained in the Agreement between the 44 City of Virginia Beach and Bribra Baker, Inc. (the "Agreement"), which is attached 45 hereto and incorporated by reference; and 46 47 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 48 hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 51 time as Bribra Baker, Inc. and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 55 of , 2014. CA -12737 R-1 PREPARED: 3/26/14 APPROVED AS TO CONTENTS Pik Real Ezi-Zrz DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION AP = •VED AS TO GAL SUFFICI CY A NORM A; ER, S • CIA CITY ATTORNEY 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 20th day of March, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRIBRA BAKER, INC., a Virginia Corporation, ITS 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 "PARCEL "A"; as shown on that certain plat entitled: "SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) VIRGINIA BEACH, VIRGINIA OCTOBER 08, 2008 SHEET 1 OF 2", prepared by MARK A. HASKETT, LAND SURVEYOR, for The Spectra Group Virginia inia Beach, Virginia, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20081113001309770, and being further designated, known, and described as 5445 Connie Lane, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to construct and maintain asphalt pavement, parking areas, concrete curbs, gutters and sidewalks, two (2) 6' high wood fences, a gate, decorative entrance fence and columns, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 1468-50-6134-0000; (5445 Connie Lane) WHEREAS, in constructing and maintaining the Temporary ments it is necessarythat the Grantee encroach into an existing City right-of- way,Encroach Connie Lane,and a 35' public utility easement, 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 accruingor to accrue to the Grantee and for the further consideration of One r($1.00 cash in hand aid to the City, receipt of which is hereby acknowledged, Dolla ), p Cityhereby 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 p Y will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the Cityof Virginia Beach, and in accordance with the City's specifications g g 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 EXHIBIT FOR THE LEGACY AT BAKER PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 iN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 1" = 100' OCTOBER 29, 2013," prepared by ERIC A. GARNER, LAND SURVEYOR for wpl Landscape Architecture Land Surveying Civil Engineering, said exhibit plat consists of three (3) sheets, 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 2 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. It is further expressly understood and agreed that the Temporary notice by the City to the Grantee, herein authorized terminates Encroachmentsupon 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 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 shall 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 p Y maintain the Temporary Encroachments so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain ap ermit from the Civil Inspections Division of the Department of Planning prior to commencing anyconstruction within the Encroachment Area (the "Permit"). 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,p er 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 insurancep olicies. 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 expressly 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 ththe Temporary Encroachments sealed by a registered professional engineer, if required e I VI I ItlVI �t1 • `� �V• vva moi• •■ • •moi■ ■�v L , � professional • 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 4 Encroachments and charge the cost thereof to the Grantee, and collect the cost in any mannerrovided bylaw for the collection of local or state taxes; may require the p Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge e 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, the said Bribra Baker, Inc., a Virginia corporation has caused this Agreement to be executed in its corporate name and on its behalf by Brian C. Large, its President. 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 By (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 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. (SEAL) 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: The foregoing fore oin instrument was acknowledged before me this day of , 2014, by CITY CLERK/AU THORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 BRIBRA BAKER, INC., a Virginia corporation By, (SEAL) "r ti �dar yJ><J .roan. resident g -ar STATE OF IrdLn1c 1_ CITYAGE34 Vtyinick Be0411 , to -wit: The foregoing instrument was acknowledged before me this -HI day of rdi , 2014, by Brian C. Large, as President of BRIBRA BAKER, INC., a Virginia corporation. CYNTHIA PACIULLI LANE Notary Public Commonwealth of Virginia Reg. #7168077 My Commission Exps. Dec. 31, 2016 Notary Registration Number: 1116B09 9 My Commission Expires: Dtc, 31) 0KO APPROVED AS TO CONTENTS mss Ce CX6Aa,So,. .:NATURE 1flci.z azo4 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 No ry Public (SEAL) APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1. AR III EYE R. ASSOCIATE CITY ATTORNEY N/F SUBDIVISION OF AMHURST SECTION FOUR, BLOCK P (M.B. 156, PG. 40) N/F LARRY D. CONYERS & RUTH M. CONYERS (D.B. 3727, PG. 806) GPIN: 1468-50-2231 N 28'50'50" E 59.84' r S 61'09'09" E 8.51 ' N 28'2154 E 234.07 kWh". illi.'"-,ae.re:-- ,"'� ` • wi0 I le ta I\ ).W. �♦ PRI AT A' £BL WIDTH INGRESS/EGRESS EASEMENT (IN5TR. NO. 20081113001309770) 6 \A c- 35 PUBLIC UTILITY EASEMENT (INSTR. NO. 20081113001309770) 01 -0 Sci � Q 7 ALL IMPROVEMENTS THAT-9� ti G- ENCROACH INTO THE 35' 20 'o << PUBLIC UTILITY EASEMENT • ,3n -? '%40> 0 AND THE UNIMPROVED SECTION OF CONNIE LANE HAVE BEEN APPROVED ADMINISTRATIVELY, EXCEPT THE FENCE AND ADDITIONAL PARKING AREA WITHIN CONNIE LANE 100 0 • Ito --e*N 4t• *„. *4 �♦ CONNIE WAY (50' R/W) (D. B. 2703, P. 1373) W 0 R=10.00' L=15.54' N/F LEANDER MITCHELL & WILLIE MAE MITCHELL (D.B. 358, PG. 592) R=50.00 GPIN: 1468-50-4334 >/L=20.58 _ N 27'57'33" E 186.54' x x x x Ix L —PARCEL A —GP/N: 1468-50-6134- � >i S 00 ,,0`J 100 200 Feet GRAPHIC SCA! E I eP L III, 25.00'— LII 5 2750'46" W -.� W ��`°�N ( \ 31-. :1' c et:` ` ~ �N VARIABLE WIDTH .O .10). --Z` N IR N N N O _DRAINAGE EASEMENT �QO o) Z . , m (D.B. 2446, P. 908 :.-..P Q 0 -, . . � - PLAT) oLiC) i.''---•(# ti N/F WITCHDUCK LAKE J • x J Ia I x - X 20' DRAINAGE 0 W z N CD zw w 00 CO U Z W Z V) EASEMENT (D.B. 2446, P. 908 - PLAT) 1 CONDOMINIUMS GPIN: 1467-79-2977 Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTS NAL STE 8 VSINIA EOM VA 23452 IN: 212-0152 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAIMR PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA OCTOBER 29, 2013 SHEET 1 OF 3 SCALE: 1"= 100' ALL IMPROVEMENTS THAT ENCROACH INTO THE 35' PUBLIC UTILITY EASEMENT AND THE UNIMPROVED SECTION OF CONNIE LANE HAVE BEEN APPROVED ADMINISTRATIVELY, EXCEPT THE FENCE AND ADDITIONAL PARKING AREA WITHIN CONNIE LANE N/F UNITS 676 & 678 CHARTER LAKE CONDOMINIUMS PHASE TWELVE (M.B. 260, P. 82) GPIN: 1467-59-5902-0676 1467-59-5902-0678 l� 1 N 2750'46" E 216.75 --� Y Y \ PARCEL A GPIN: 1468-50-6134 PROPOSED Z \ ; STORM DRAIN v \ MANHOLE & CURB DROP N INLET 7“;,\ z Aux 4Il x x ). 11' PUB DRAINAGE EASEME �P 1,1)G�NIP 3 (197)-E� SIR p�OP� OF0 � 98,y,�/ GO c ZOj 1 PROPOSED ASPHALT PAVEMENT, PARKING AREAS & CONCRETE CURB AND GUTTER N/F UNIT 29 co WITCHDUCK LAKE CONDOMINIUMS PHASE 51 (INST. #200303140040514) GPIN: 1467-79-2977-0029 >, 10 -O- ■ •� (D.B. 2446, P. 908 - PLAT) VARIABLE WIDTH DRAINAGE EASEMENT 20' DRAINAGE EASEMENT >p (D.B. 2446, P. 908 -PLAT) PROPOSED RCP STORM DRAIN PIPE AND DROP INLET N/F UNIT 30 WITCHDUCK LAKE CONDOMINIUMS PHASE 46 (INST. #200212183081949) GPIN: 1467-79-2977-0030 0 N 6' HIGH \WOOD PROPOSED FENCING AND DECORATIVE ENTRANCE FENCE AND COLUMNS 30 0 30 Feet GRAPHIC 1 IN: 212-0152 242 YU5fAN61RM. SIE Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 MUSTANG TRA. STE 81r ENA MI, VA 23452 SCAT 4 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAKER JARCEL I SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA OCTOBER 29, SCALE: 1"= 30' LANE NSF LARRY D. CONYERS & CONNIE (50' R/W) M. CONYERS RUTH (M 8, 2703, P. 1373) (D.B. 3727, PG. 806) N 28.50.50" E 59,84 GPIN: 1468-50-2231 S 6109 09 E 8.51 N 28'21'54" E 234.07' ®\ PROPOSED 6' HIGH WOOD FENCING AND GATE \ \\A ALL IMPROVEMENTS THAT ENCROACH INTO THE 35' PUBLIC UTILITY EASEMENT AND THE UNIMPROVED SECTION OF CONNIE LANE HAVE BEEN APPROVED ADMINISTRATIVELY, EXCEPT THE FENCE AND ADDITIONAL PARKING AREA WITHIN CONNIE LANE \I • AA4A ookia• If* PRIVATE VARIABLE WIDTH INGRESS/EGRESS EASEMENT (INSTR. NO. 20081113001309770) PROPOSED RCP STORM DRAIN PIPE &CURB DROP INLET CONNIE WA Y (50' R/W) (0.8 2703. P. 1373) r R=10.00 L=15.54 ▪ rn O (_) I (.) 2 a Ln Lu se Zm- O5c�D O w ro ow Z J m 8A-- v� R=50.00' L=20.0' .— EX PUBLIC PVC SEWER MAIN EX PUBLIC DI WATER MAIN \\\I 35' PUBLIC UTILITY EASEMENT -►I (INSTR. NO. 20081113001309770) \\\\\\ PROPOSED RCP STORM D'A/N PIPE PROPOSED PRIVATE SEWER MA/N & LATERAL PROPOSED RCP STORM DRAIN PIPE 60 30 0 • PROPOSED ASPHAL T PAVEMENT, CONCRETE — — CURB AND GUTTER, e CONCRETE SIDEWALK & — -- PRIVATE WATER AND SEWER MAIN -- RELOCATION OF EX PUBLIC 1 I DI WATER MAIN I *8*%.*\ PROPOSED ASPHALT PE�'g� PAVEMENT, CONCRETEyk�P�� S'(5 19 CURB AND GUTTER, &T�1P� CONCRETE SIDEWALK tOOR0�p�1' 01 0995 1 PARCEL A GP/N: 1468-50-6134- 60 120 Feet GRAPHIC SCALE Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 r242 iiir�riws i" E 8 =MA VA 23452 nnear�L , JN: 212-0152 EXHIBIT A SHEET 3 OF 3 ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAKER PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA OCTOBER 29, 2013 SCALE: 1"= 60' i 1) Z u_ O O aWaM gY��° O a�o Z z co � N OC in ? o m4a Q C 0 / ti .T r t 41% moi`. S Q 1 I I est \CADD1Projects ARC FilesAGENDA MAPS\Connie Ln11468-50.6134.mx 2 N Prepared by P.WIEng.JEng. Suppo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $250,000 within the FY 2013-14 Operating Budget to Continue PPEA Light Rail Evaluations MEETING DATE: April 8, 2014 ■ Background: City Council adopted an ordinance on November 12, 2013 approving the transfer of funds in the amount of $470,000 from the General Fund Reserve for Contingencies to assist in the review of three light rail extension proposals submitted under the Virginia Public -Private Education Facilities and Infrastructure Act (PPEA). Funds were distributed to the Department of Public Works ($200,000), the Office of the City Attorney ($170,000), and the Department of Finance ($100,000). This transfer was made to pay for initial costs associated with engineering, legal and financial consultants retained by the City as part of the review process under direction of the City's Light Rail Task Force. ■ Considerations: The evaluation process for the PPEA proposals continues. The costs for the engineering consultant are trending above what was anticipated in the November transfer. The legal and financial consultants are trending below what was anticipated. As such, some of the funding previously allocated to the other departments is available to transfer to Public Works to help cover the additional $250,000 needed. The attached ordinance transfers $75,000 from the City Attorney and $50,000 from Finance. The other $125,000 can be transferred from the General Fund Reserve for Contingencies, leaving a balance of $42,082. The proposed FY15 CIP includes Project # 9-011, "Transit Corridor Development," for similar issues in the next fiscal year. ■ Public Information: This item will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works Pj) City Manager, tcs)12t, 1 AN ORDINANCE TO TRANSFER $250,000 WITHIN THE 2 FY 2013-14 OPERATING BUDGET TO CONTINUE PPEA 3 LIGHT RAIL EVALUATIONS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $250,000 is hereby transferred to the FY 2013-14 Operating Budget of the 9 Department of Public Works to continue evaluation of Light Rail proposals with the 10 following sources: $75,000 from the Office of the City Attorney; $50,000 from the 11 Department of Finance; and $125,000 from the General Fund Reserve for 12 Contingencies. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. APPROVED AS TO CONTENT: eilvt ) Budget and Management Servi es CA12931 R-1 March 25, 2014 APPROVED AS TO LEGAL SUFFICIENCY: K. PLANNING 1. Application of DON and CONCETTA BRYDGE for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO), re combine parcels at 3189 Indian River 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 AND MARCH 11, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of MATTHEW ALVES for a Conditional Use Permit re Home Occupation (firearms and gunsmithing) at 2445 Brush Creek Lane DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of PATRICIA ANNE VOGEL for a Conditional Use Permit re Family Child Daycare at 3 712 Massanutten Court DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 5. Applications of MILLER HOLDING II, LLC, DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning, from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re Multi -Family dwellings at 4877 Shore Drive RECOMMENDATION: ALLOW WITHDRAWAL 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning, from AG -1 andAG-2 Agricultural to Conditional PD -H2 Planned Unit Development District re dwellings at 2800 - 2900 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional A-18 Apartment re apartment and townhouse units at the West side of Windsor Oaks Boulevard South of Holland Road DISTRICT 3 — ROSE HALL RECOMMENDATION: DEFER TO MAY 13, 2014 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of pp Zoning, from B-2 Community Business to Conditional B-2 Community Business and Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road DISTRICT 4 — BAYSIDE RECOMMENDATION: INDEFINITE DEFERRAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, April 8, 2014, at 6:00 P.M., at which time the following applications will be heard: PRINCESS ANNE - DISTRICT 7 Five Mile Stretch Associates, LLC Application: Conditional Change of Zoning, AG- 1/AG-2 Agricultural to Conditional PD -H2 Planned Unit Development District [R -5D Residential] at 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494485388; 1494479615; 1494461695). Proposal is for 94 dwellings (2.9 units per acre). Comprehensive Plan: Special Economic Growth Area 4 - Princess Anne. Don and Concetta Brydge Application: Variance to Section 4.4(b) of the Subdivision Ordinance. Proposal is to vacate an existing property line, combining the parcels into one lot at 3189 Indian River Road (GPIN 1483748675). BAYSIDE - DISTRICT 4 Miller Holding II, LLC Application: Conditional Change of Zoning from B-2 Community Business to Conditional 13-4 Mixed -Use. Conditional Use Permit for Multi -Family Dwellings. APPLICANT HAS REQUESTED WITHDRAWAL OF THESE APPLICATIONS at 4877 Shore Drive (GPIN 1479372442). Northampton Executive Center, LLC Application: Conditional Change of Zoning from B-2 Community Business to Conditional B-2 Community Business and Conditional A-36 Apartment District. Comprehensive Plan - Burton Station SGA. Proposal is for 180 apartment units (30 du/ac) at 1300 Diamond Springs Road (GPINs 1469211894 and 1469116333 [portion of]). CENTERVILLE - DISTRICT 1 Patricia Anne Vogel Application: Conditional Use_ Permit for a Family Child Daycare Home with a maximum of 12 children at 3712 Massanutten Court. (GPIN 1485467347). ROSE HALL - DISTRICT 3 HIF, LLC, HIC, LLC; MACH ONE, LLC Application: Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment. Requested zoning will allow 191 apartment units and 61 townhouse units (17.8 units/acre) at the West side of Windsor Oaks Boulevard, approximately 400 feet south of Holland Road (GPIN 1486144604). Comprehensive Plan - Suburban Area. DISTRICT 6 - BEACH MATTHEW ALVES Application: Conditional Use Permit for Home Occupation (firearms and gunsmithing) at 2445 Brush Creek Lane (GPIN 1497800111) All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at �ip:/ /w��1 ,��bgov'.co:r�/pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon March 23 & 30, 2014 24007273 PRINCESS ANNE A 11111 .a 111111 lisp% l 14144. {//11 i Oft %Zit'. ID i„ I; . 4 I so 1 On r k;p1 At •r Alk;,„ i m ts c ! h. .416%,„ to N 0 00 I Alif Oa {, _____ 17 f , Z fl fl -----e4 / i L:z;7 I _ t� jI it —ROML i r� % . r �� mith, r i • ______,,,-; r . 0 O. f 1 15 I r \\/' } f i / fr------ --- MI , 0 41 .. a air in .03 0 •(7) •S' z ` Zoning with C onditions proffers, Open Space Promotion rU �1 1:fqas;*.‘tfitt otP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DON & CONCETTA BRYDGE (Applicant / Owner), Variance to Section 4.4(b) of the Subdivision Ordinance, Proposal is to vacate an existing property line, combining the parcels into one lot. 3189 Indian River Road (GPIN 1483748675). PRINCESS ANNE DISTRICT. MEETING DATE: April 8, 2014 • Background: It is the intent of the applicant to legally establish the subject site by recording a subdivision plat. The applicant desires to construct a single-family dwelling on the site; however, the construction of a dwelling cannot occur unless the subject site is a recorded lot per the Subdivision Ordinance. A minimum lot area requirement of one acre with a minimum lot width requirement of 150 feet is required for residential structures in the AG -2 Agricultural District. This subject site contains 0.44 acre and has a lot width of 100 feet. A variance to the minimum lot area and lot width requirements is necessary prior to a subdivision plat being recorded. • Considerations: The subject site consists of 19,303 square feet (0.44 acre) and is zoned AG -2 Agricultural District. The site was created from a larger 5.5 -acre lot that was created in 1903. In 1940, a single-family dwelling was constructed on the 5.5 - acre lot. The area of the lot where the dwelling was located was conveyed by a deed in 1973 and by a second deed in 1974. The areas conveyed by those deeds created the subject site, which is owned by the applicant; however, no subdivision plat has ever been recorded as required. Specific details pertaining to the existing parcels and proposed subdivision are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The subject parcel shall be resubdivided substantially in accordance with the submitted final subdivision plat entitled "Resubdivision of Property of Parcel 1 and Parcel 2, A portion of a 5 '/2 Acre Tract as Shown on Survey DON & CORNETTA BRYDGE Page2of2 of the Richard Sykes Farm"; dated January 3, 2013 and prepared by Site Improvement Associates, 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 release of approval of a single-family site plan for Parcel 1-A. • 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 DepartmentI\ 1\jr/ City Manage City Manage PRINCESS ANNE Map G-13 . it w xaJN Don Brydge & Concetta Brydge AG2 7\0-7.1 ,l1 Ldn • Zmdnp with Conditlons Prot'6ws. Open Spas. Promotion Subdivision Variance 6 March 12, 2014 Public Hearing APPLICANTS / PROPERTY OWNERS: DON BRYDGE & CONCETTA BRYDGE 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: 3189 Indian River Road GPIN: 14837486750000 ELECTION DISTRICT: SITE SIZE: AICUZ: PRINCESS ANNE 19,303 square feet 70-75 dB DNL 0.44 acre BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The subject site consists of 19,303 square feet (0.44 acre) and is zoned AG -2 Agricultural District. The site was created from a larger 5.5 -acre lot that was plated in 1903. In 1940, a single-family dwelling was constructed on the 5.5 -acre lot. The area of the lot where the dwelling was located was conveyed by a deed in 1973 (DB 1339, PG 177), which is labeled as Parcel 1 on the submitted plat, and a second deed in 1974 (DB 1434, PG 413), which is labeled as Parcel 2 on the submitted plat. The areas conveyed by those deeds created the subject site owned by the applicant; however, no subdivision plat was recorded as required. The larger lot from which the subject site was created is under separate ownership. The submitted subdivision plat depicts a `property line' that separates the two areas conveyed by deed in 1973 and 1974. "Parcel 1" consists of the eastern 75 feet of the subject site and "Parcel 2" consists of the western 25 feet of the subject site. The single-family dwelling originally located on the site was recently demolished. Proposed Lots: It is the intent of the applicant to legally establish the subject site by recording a subdivision plat. The applicant desires to construct a single-family dwelling on the site; however, the construction of a dwelling cannot occur unless the subject site is a recorded lot per the Subdivision Ordinance. A minimum lot area requirement of one acre with a minimum lot width requirement of 150 feet DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 1 is required for residential structures in the AG -2 Agricultural District. This subject site contains 0.44 acre and has a lot width of 100 feet. A variance to the minimum lot area and lot width requirements is necessary prior to a subdivision plat being recorded. The `property line' that separates the two conveyed areas (Parcel 1 and Parcel 2) will be eliminated with the recordation of this plat. The proposed new lot is labeled as Parcel 1-A on the submitted subdivision plat. The Health Department has approved the construction of the new dwelling on proposed Parcel 1-A. Item Required Parcel 1-A Lot width in feet 150 100* Lot area in acres 1.00 0.44 * *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site (single-family dwelling recently demolished) SURROUNDING LAND North: USE AND ZONING: South: East: West: • Indian River Road • Single-family dwellings and church / AG -2 Agricultural District • Undeveloped and forested / AG -2 Agricultural District • Undeveloped and forested / AG -2 Agricultural District • Undeveloped and forested / 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 40 years with no known negative impacts to the surrounding area. The deviation from the minimum lot area and lot width requirements will not result in a net increase in density. The rural character of the area is being maintained. 4 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 DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 2 the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This is a request to correct subdivision by deed conveyances in 1973 and 1974. It is the intent of the applicant to construct a new single-family dwelling on the subject site; however, since the subject site is not a legally established lot, as it was created by the two deed conveyances instead of a subdivision plat as required, a dwelling cannot be constructed on the site. A subdivision plat must be recorded, legally establishing proposed Parcel 1-A, to enable the construction of a single-family dwelling. Parcel 1-A does not meet the minimum lot area or lot width requirements and a variance is required to establish the lot. The subject site has existed for approximately 40 years with no known negative impacts to the character of the surrounding rural area; moreover, the deviation from the minimum lot area requirement 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 resubdivided substantially in accordance with the submitted final subdivision plat entitled "Resubdivision of Property of Parcel 1 and Parcel 2, A portion of a 5 % Acre Tract as Shown on Survey of the Richard Sykes Farm"; dated January 3, 2013 and prepared by Site Improvement Associates, 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 release of approval of a single-family site plan for Parcel 1-A. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 3 AERIAL OF SITE LOCATION DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 4 F THIS PLAT THIS :SCRIBED IS OF THE AND N3,434,551 .33 (: 12, 187,099,48 CirIN 1483-84-0119 MX) ROW 06 RMMERLY HARLAs1 R. & IMRYJANI ELIDE REHTFROW (013. 3107. P. 245) 44, P. 27 -PLAT) NOW TO ENTS DATED 2013 NT THE or ;HOWN ON JPM f3FACH, 4E LAND, ANL, TS AM) ES PLAT. 7,1141A AHD W UTILITIES_ _2014 PUBLIC. IN AND •%THOSE NAME IS CITY AND STATE . 2014 °WORMS TO THE GLY APPROVED. OF THE BOUNDARY, EASEMENTS. OR OT TERIANATED OR 8 N: MM. 751 16 EAZ187.907.51 PIN LEOENIk • IP. (1) - IRON PIN FOUND • I.P. (S) • MON FIN SET (IN CO PARCEL 1-A 25 MINN RIVEI? (ij 44, 01 61 Lki 1,4,1 0 I g Z tr) 5-4 8 EN. 0 100.00 ROAD 1692 , OOP NORTII , *28 To 2 RAs L4 N,„ MLA 1AULE.: AREA OF LOT IA=19.303 SQ.FT./0.4431 ACRES 1.31N 1463-74-7767-0001 NuVi OR FORINNLY (URTIS E. & LESLIE C. JORDAN (DB MP, P 1499) (0 6. 2432, P 844 -PLAT, NOIE: LOT 1A IS RESTRICTED TO THE DEVELOPMENT OF ONE SINGLE FAMILY DWELLING. GPIN TABLE: PARCEL 1: 1483-74-8675-0000 PARCEL 2: 1483-74-8675-0000 DATE' PARCEL 1A: (1483-74-180)-0000 DATE: 25 12.5 0 scale C-# 310N 33S NOTES: 1. FURTHER ALTERATI( Or MCA/ SUODIVISI 2 THr.35IT NOISE ZC AND/044 OPFRATIO REQUIRE" ORDINAN( WITH SEL, 3. THE VER COOROIN, VALLX.S 1 4 THE ary ESTABUSI 5. AIL OR 1 PRESERV, CIKSAPE, 6 pRoerRr 1515531 7. THE RIR *JD PAR TO BE K A P01 s 1 A PROPOSED SUBDIVISION PLAT DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 5 • ICEIL PEitso RENT Oft TEW'ORART 5011 STA81112ATgN SMALL BE APPLIED TO DDAJOED AREA T/IThiN SEVEN DAYS AFTER FINAL CRAOE b REACHED ON ANT PORTION Or THE ssTE. 'nova*. 50+1 STAENJUMON SHw1 BE ...BED NM. SE.. DAYS TO DENUDED AREAS TfKT WY NOT BE AT FlMY. GRACE AND TRU *two. DORMANT FOR LANCER THAN 30 WS. ►ERMAENT STA01.2AO004 SHALL BE ORM TO AREAS THAT ARE TO RE LEP DORMANT MOR MORE THAN ONE YEAR, AOCOROAPKE rllTHl MS -1. THIS PIM+ DOES NOT C.IARAHMTEE f IOCATiDN Or EA1s t tMCERGROVNO uTIUTT[5 CONIRA^,TOR 10 DETEIlMNE ACT4A1 1DUTTgN AND DEPM tX All ;Aunts PRIOR TO MOauZA, . i comturs QbT, IOT6, DONE. BEFORE OIOG:NG CONTACT Buss UAV, ONE CAL OSTM. AT BTI. LAYOUT NOTES; CONfRETE ENTRANCE. r Mlpt +AOT ►[- L_l IS' MOE CONCRETE ORNEOA0. B Too. B' 000 SOMA. EROSION AND SEDIMENT CONTROL LEGEND CONSTRIJCTTON EJtTRANCE SN' 090E KATD14 AND COO,.G 0000 8E00 07TH CONCRETE PAD aS STOCKPIE/STAOIND MEA. AS SmDM'N MLT MMHOTECTION EN/A1 STD B-�8A CEPA B 07,47T1pN/Rta0 BED RES ffr E 0N1T. SEE DETML ��, PROnApE SEDMFM FENCE AR0UMY5 CEPA OL009G B[7) OURRMG CONS'►JCA li Q PROPOSED 15' RCP 10� to CT1QTiN0. 5TTCo P9 A FOUR (♦) r00T M0E !NV (0,' wCH W GR+WEL SHOUIOS 0005 0 I" 3D rT ON T>•i APPRWCH SIDE Of' =POW DRNl1MA'I f Si' rEHCE *0900009 u1+n5 Or communal TREE PROTECTON X � A iV§Es���Ni& Ay IhO _ N aailtrAJEUMMEMS TROTH - ♦ YM, DEPTH . I.S Tow AREA a P.M. BEDS • 550 Sd (2 • 27s s.r) 1211.2.11/30111 PROPOSED imP RmOUs CC. DOWD 10 PUNTING BEDS - Sim? S T YO1lA[ RpuouLD - (1/2 ML -ti . i1RfTwOuS OMR) VOHAAE R )2000. (0/2 01005.00 003, 07/12 1,01Sj - 250 CE 00520E *5000ED w P1IN12C BED - (M[A9(OEP01409 RAE! GAO) MO11AiE Or RAW. BEDS - (550 SF )(1.5)(0.4) SY cH rOUAIE MIOADE0 (,y.l0 Cf.? , stualE REOLAHFD (MET) BEIBE'TEN185 BPIF NOTES: . 6 ENCOUNTER,. UNSunABLE, NOM.- DRAMED. OR VER" POOR, DRATNEO SC, OLRING INSTALLATION OFA Swrt, EXAss, TO Sane LAYER AND (MALL MATH SANG OR STONE AO IME BOTTOM Of THE OESICN RN,. Of TM SwMr, AT THE DOM. OF dTr INSPECTOR. BED MUST BE Ptorce MTH GROUND COrERS AND sHAUBs T85 SPIKE IN POWER POLE ELEV.-9.40 (RAVO 88) .1AYOUT. UTILITY AND GRADING PLAN 20 10 C 20 40 scot feet d� 8 04Eig `17'' J00 13134 Ow0 F)LE: L0-3 DATE: 09.19.13 SCALE, 1 - 20' s9MEr Huu9ER _I_ OF 4 PROPOSED SITE PLAN FOR NEW DWELLING DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 6 PRINCESS ANNE Map G-13 Don Brydge & Concetta Brydge ' Zoning with Conditions/Proffers, Open Space Promotion Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 09/26/2006 Conditional Use Permit (Religious Facility) Denied 1 03/25/2008 Conditional Use Permit (Religious Facility) Approved 1 06/08/2010 Conditional Use Permit (Modification of Conditions) Approved M Si 1.w air war i • �6 LSi11t11g i AG imoi Ijj � �►+- r•Rr.r..r.�.ri i =Mi. errs • � _____ .< 414= �A � 1 an , . ;941-"�.."" di ii A fri 111111111111111111 111111111111111111111111 �+ 1. 1 imin-r... ~ 1. :1li; r� "........7,116...11/111/111/` 1 t • `' 1 , 4 00..... -- iti — i Shady a ' - II ' Zoning with Conditions/Proffers, Open Space Promotion Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 09/26/2006 Conditional Use Permit (Religious Facility) Denied 1 03/25/2008 Conditional Use Permit (Religious Facility) Approved 1 06/08/2010 Conditional Use Permit (Modification of Conditions) Approved DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 7 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) Don Bryd.ge & ConcelXa Brydge 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A 157 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2See next page for footnotes Does an official or em Ioyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT DON BRYDGE & CONCETTA EIRYE)GE Agenda Item 6 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Site Improvement Associates- Engineering Services 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. nt's Signat re Don Brydge & Concetta Brydge Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT DON BRYDGE & CONCETTA BRYDGE Agenda Item 6 Page 9 Item #6 Don & Concetta Brydge Variance to Subdivision Regulations 3189 Indian River Road District 7 Princess Anne March 12, 2014 CONSENT An application of Don & Concetta Brydge 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 3189 Indian River Road, District 7, Princess Anne. GPIN: 14837486750000. CONDITIONS 1. The subject parcel shall be resubdivided substantially in accordance with the submitted final subdivision plat entitled "Resubdivision of Property of Parcel 1 and Parcel 2, A portion of a 5 Y2 Acre Tract as Shown on Survey of the Richard Sykes Farm"; dated January 3, 2013 and prepared by Site Improvement Associates, 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 release of approval of a single-family site plan for Parcel 1-A. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE Item #6 Don & Concetta Brydge Page 2 By a vote of 11-0, the Commission approved item 6 by consent. Claude Lem appeared before the Commission on behalf of the applicant. Non-Contormmg Use Zoning with ConditionsRroffers, Open Space Promotion CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Relocation of a Nonconforming Structure Located on an easement within the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333; 1474952149; 1474952088; 1474943936). PRINCESS ANNE DISTRICT. MEETING DATE: April 8, 2014 • Background: The applicant proposes to replace an existing 285 -foot high guyed -wire communications tower with a 280 -foot high self-supporting lattice -construction communications tower. The existing tower structure does not meet the setback requirement of Section 232 of the City Zoning Ordinance, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet; therefore, the tower is non -conforming with regard to the required setback. Accordingly, the proposed replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval by the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. • Considerations: On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280 -foot communications tower on a site located within the rear of yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280 -foot communications tower on the four lots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four Tots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. The existing tower is structurally unsound as a result of faulty welding performed over the years. That faulty welding was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of CROWN CASTLE Page 2of2 additional antennas. The applicant indicates that the structural problems cannot be corrected, and thus, replacement of the tower is necessary. There is sufficient area within the existing easement to locate the proposed tower so that it could meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Staff has discussed with the applicant the relocation of the tower a greater distance from the homes than what is currently proposed. That discussion included an explanation by the applicant of the considerable cost of relocating the support equipment and of coordinating the relocation of that equipment among the many tower users. • Recommendations: Based on the fact that the proposed tower design has been certified by a professional engineer as meeting or exceeding the industry standards for such towers, as well as the fact that the existing tower is in such a state of disrepair that it is an immediate hazard to the surrounding area, staff finds that the proposed replacement of the existing tower with a new tower in a different location is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Approval of this request with the following conditions is recommended: 1. The subject site and tower shall be developed substantially in accordance with the submitted plan documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. An eight -foot high solid wood fence, with Category 1 landscaping, meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed around the compound area. 3. The access road shall be gated and locked to prevent unauthorized use; additional drainage measures shall be employed, including a pipe under the access road; and the road's crush and run shall be repaired after construction. 4. The compound and the surrounding area shall be maintained free of debris. 5. The older equipment building shall be pressure washed and a section of fence with vinyl slats and landscaping meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed to shield the building from view. CROWN CASTLE Page 3 of 2 ■ Attachments: Location Map Staff Review and Disclosure Statements Resolution Recommended Action: Staff recommends approval with conditions Submitting Department/Agency: Planning Departmen City Manager: PRINCESS ANNE Map F-12 Alp Not to See Crown Castle USA, Inc. • Zoning with Comb.* Proffer:, Open Spec. Promotion REQUEST: Relocation of a Nonconforming Structure Non -Conforming Use April 8, 2014 City Council Hearing APPLICANT: CROWN CASTLE USA, INC. ADDRESS / DESCRIPTION: Easements located in the rear portion of Tots located at 2225, 2229, 2233, and 2237 Meadow Ridge Lane GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 1474952333; 147492149; PRINCESS ANNE 4.47 Acres Less than 65 dB DNL 1474952088; 1474943936 1.069 Acres (easement area) BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to replace an existing 285 -foot high guyed -wire communications tower with a 280 -foot high self-supporting lattice -construction communications tower. The existing tower structure does not meet the setback requirement of Section 232 of the City Zoning Ordinance, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet; therefore, the tower is non -conforming with regard to the required setback. Accordingly, the proposed replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval by the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 1 r The subject site contains four lots that were plated in 1952. The existing zoning of the site is AG -1 Agricultural District. The combined area of the four lots is 4.47 acres. On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280 -foot communications tower on a site located within the rear of yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280 -foot communications tower on the four Tots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. In addition to the four single-family homes and the 285 -foot high guyed -wire communications tower, there are also numerous equipment shelters and support equipment for the existing tower located within and outside of a compound area enclosed by a chain-link fence. The existing tower is structurally unsound as a result of faulty welding performed over the years. That faulty welding was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of additional antennas. The applicant indicates that the structural problems cannot be corrected, and thus, replacement of the tower is the only alternative. When the existing tower and the later single-family homes were constructed, there were minimal zoning requirements concerning communication tower facilities. Since then, the Zoning Ordinance has been amended to require a Conditional Use Permit for new wireless communication facilities. Section 232 provides the standards that such facilities must meet. Those standards include a requirement that a tower associated with a wireless communication facility have a setback from any residential structure equal to 125 percent of the height of the tower. The applicant's new replacement tower is being moved to a location that will provide an increased setback from the existing single-family homes; however, the tower will not meet the 125 percent setback requirement. Based on the tower's 280 -foot height, the minimum required setback is 350 feet. The setback distance to the existing dwellings resulting from the new tower location ranges from a minimum of 208 feet to a maximum of 264 feet. There is sufficient area within the existing easement to locate the proposed tower so that it would meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Accordingly, in the event of a catastrophic failure of the tower structure at the base, the tower would not strike any of the existing residential structures. Staff discussed with the applicant the potential for moving the tower to a location within the easement such that the required minimum setback was met; however, the applicant indicates that the wireless communication equipment that supports the operation of the tower must be located directly adjacent to the tower in order to ensure maximum efficiency. Moreover, the applicant has stressed that relocating the equipment would be very costly due to the expense of the equipment itself and the coordination that would be required among the numerous users of the tower. The applicant submitted a structural report provided by a professional engineer, certifying that the tower is "designed to meet or exceed industry standards defined by TIA/EIA-222-G, `Structural Standards for Steel Antenna Towers and Antenna Supporting Structures' (EIA Standard)." The report also indicates that the proposed tower will be installed on a reinforced concrete foundation that will be designed to take into consideration the soil parameters for the site based on a soil report. If a structural failure occurs, the tower is designed such that the collapse of the structure will stay within a radius of 140 feet from the base CROWN CASTLE USA, INC, April 8, 2014 CITY COUNCIL HEARING Page 2 of the tower. The report does not address the potential for or the effects of a failure at the base of the tower. EVALUATION AND RECOMMENDATION The existing tower was constructed prior to the single-family dwellings that front on Meadow Ridge Lane, and as a result, as well as prior to the requirement in Section 232 of the Zoning Ordinance for a minimum setback from a tower to a residential structure of 125 percent of the height of the tower. The existing tower does not meet the125 percent setback requirement; therefore, the tower is nonconforming with regard to this setback. Accordingly, the replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. The applicant proposes to replace the existing tower with a new tower located approximately 35 feet to the southwest of the existing tower. Even though the new location is further from the existing dwellings, the proposed tower will not meet the required 125 percent setback requirement from the existing residential structures. Based on a tower height of 280 feet, a 350 -foot setback is required. The proposed tower location will result in a setback from the existing dwellings ranging from a minimum of 208 feet to a maximum of 264 feet; therefore, the new tower will also not conform to the minimum setback required between a tower and residential structure. There is sufficient area within the existing easement to locate the proposed tower so that it could meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Staff has discussed with the applicant the relocation of the tower a greater distance from the homes than what is currently proposed. That discussion included an explanation by the applicant of the considerable cost of relocating the support equipment and of coordinating the relocation of that equipment among the many tower users. Based on the fact that the proposed tower design has been certified by a professional engineer as meeting or exceeding the industry standards for such towers, as well as the fact that the existing tower is in such a state of disrepair that it is an immediate hazard to the surrounding area, staff finds that the proposed replacement of the existing tower with a new tower in a different location is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The subject site and tower shall be developed substantially in accordance with the submitted plan CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 3 documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. An eight -foot high solid wood fence, with Category I landscaping, meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed around the compound area. 3. The access road shall be gated and locked to prevent unauthorized use; additional drainage measures shall be employed, including a pipe under the access road; and the road's crush and run shall be repaired after construction. 4. The compound and the surrounding area shall be maintained free of debris. 5. The older equipment building shall be pressure washed and a section of fence with vinyl slats and landscaping meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed to shield the building from view. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 4 AERIAL OF SITE LOCATION f- 4,-,.....:,,,----,---:,--:- -,--.--<- ,,-,i..,,,-- CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 5 � o1 I t N X no OVERALL SITE PLAN CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 6 a t eft Ir 4r, EXISTING COMPOUND LAYOUT rs‘I'4 1).t4r CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 7 134 1 1 1 81 -?- gg ci,- Its , §E1195 - E 1110 lig 211 \, I ,rel 11114 , VI qi ilq 01 $ a igii % 14 11 gi i 141! 1 irrill 1111164 11-5Ai iP, gi:1 11 ilf ml 5 Irli 1!xlh i:w ,-., ;e thi ge,g irq .4! q 15 1 bqi 1,:or la T. 41 `i; 154' 1 r ii ) iihr P! il ig 18 k i i I ii di, of le girl g i 1 it,h ii,i 11 1P0 ilEj ii a li, 1/krs ii al g wkx1 4141N §t-:EY1 11,1! ri lit ti.x:ix 0, Ili .1 4.0 [ ivi6 I ,ot, Mixo, 1 Itsg 91 big 'i i fi in i I 1 le 4 "E i 4q, Aga 911 N.:ill. 1 WM Erg 14 g ZIlaii,i R ii Avf 1 Alil gq 1i qii 1 Ow 1 xgi ii ISHCII 'A" laigE IA; Mis Iii s xflir xth 8 N%8 Xilk- Xe 1 h 1181.1 _ , _ . 0 • ,, ; .., '-' • , PROPOSED COMPOUND LAYOUT ,444fr CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 8 0 RP:0° li 1 JJ ij T.0 MIL ...I d3.1 SNLISIX3 EXISTING AND PROPOSED TOWER ELEVATIONS CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 9 PRINCESS ANNE Map F-12 Map Not to Scale Crown Castle USA, Inc. Zoning with Conditions/Proffers, Open Space Promotion Non -Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 12/13/1982 Conditional Use Permit (communications tower) Approved 08/20/1984 Conditional Use Permit (communications tower) Approved 07/11/1995 Modification to Conditional Use Permit (allow single-family homes in addition to a communications tower) Approved 2 09/10/2002 Conditional Use Permit (open space promotion) Approved 3 05/09/2000 Subdivision Variance (minimum lot width) Approved 4 12/12/1988 Conditional Use Permit (open space promotion) Approved CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING 41: Page 10 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Crown Castle USA Inc. (See attached.) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Crown Castle International Corp. (parent); list of affiliated business entities is attached. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 11 111 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) FDH, Geoline Surveying, Inc., LeClairRyan, Murphy Geomatics & Tower Engineering Professionals "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 (id) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 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. Ap cant's Signature Property Owner's Signature (if different than applicant) Print Name Print Name 1 1 1 1 1 1 1 1 1 1 DISCLOSURE STATEMENT CROWN CASTLE USA, INC. April 8, 2014 CITY COUNCIL HEARING Page 12 Management Team . Benjamin Moreland was appointed Crown Castle's Pres .lent and Chief xecutive Officor in July 2008. Prior to this appointment, he served as ,sown Castle's Lxecutive Vice President and Chief Financial Officer, from prll 2000. Prior to that he served as Senior Vice President and Treasurer of rown Castle and its domestic subsidiaries from October 1999. Mr. oreland joined Crown Castle following 15 years with Chise Manhattan Sank, primarily in corporate finance and real estate investment banking. ames D. Young was appointed Chief Operating Officer in February 2009. rior to this appointment, he served as President, U.S. Tower Operations rom October 2005. He is responsible for the management of all operational roups including the four Areas, Property Management, Operations, Service Delivery, Performance Improvement, Information Technology, and National Site Development. Mr. Young also sits on the Board of Directors for Crown astle's business in Australia. With more than 21 years of experience in the elecom industry, Mr. Young has s+Arved in several key capacities for various organizations. Prior to joining Crown Castle, he served as the Northeast Region Vice President of Network Opertions for Sprint/Nextel, befc::rc that spending several years with GTE in a variety of leadership positions across multiple disciplines. Jay A. Brown was appointed Senior Vice President, Chief Financial Officer nd Treasurer of Crown Castle in July 2008. Prior to that, Mr. 0 own served es Treasurer of Crown Castle froni May 2004. Since joining Crow) Castle in August 1999, he has served in a number of positions in corporate uevelopment and corporate finance. Prior to joining Crown Castle, Mr. Brown worked for a start-up health care company and Arthur Andersen LLP. He is responsible for general corporate financing and compliance activities for Crown Castle. Mr. Brown is a Certified Public Accountant. E. Blake Hawk has been Executive Vice President and General Counsel ince February 1999. Mr. Hawk was an attorney with Brown, Parker & Leahy, LLP in Houston, Texas from 1980 to 1999 and became a partner with the firm in 1986. Mr. Hawk has been licensed as an attorney and a Certified Public Accountant s+nce 1976. Patrick Slowey was appointed Senior Vice President of Sales and Chief Commercial Officer in 2012. Prior to this appointment, he served as Senior Vice President of Sales and Customer Relations. Prior to that, he served as Vice President of National Sales of Crown Castle USA. Mr. Slowey joiner: Crown Castle in 2000 as Vice President of Business Development, Crown astle USA. Before joining CCI, Mr. Slowey worked with the wireless arriers Nextel and McCaw Communications (ATT Wireless), as wee; as Air Products and Chemicals, In various Sales and Operat ons Management positions. Phil Kelley was appointed Senior Vice President, Corplrate evelcpment and Strategy in September 2008. Prior to that appointment, Mr. Kelley served as Managing Director of Crown Castle Australia from May 2004. Before that he served es Vice -President of Crown Castle in the US with primary responsibility for the strategic oversight of Crown Castle's ::subsidiary companies and mergers and acquisitions efforts. Prior to joining Crown Castle International in April of 1997, Phil was a financial analyst, then an asset manager with Archon Group, a wholly-owned subsidiary of Goldman Sachs of New York. He graduated cum laude from Harvard University with a concentration in Economics. DISCLOSURE STATEMENT (Crown Castle Board) CROWN CASTLE CITY COUN 1 A RESOLUTION AUTHORIZING THE 2 RELOCATION OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 2225, 2229, 2233 and 2237 MEADOW RIDGE 5 LANE 6 7 WHEREAS, Crown Castle USA, Inc. (hereinafter the "Applicant") has made 8 application to the City Council for authorization for the relocation of a nonconforming 9 communication tower located on an easement at 2225, 2229, 2233 and 2237 Meadow 10 Ridge Lane in the AG -1 Agricultural Zoning District; and 11 12 WHEREAS, the tower does not meet the setback requirements of Section 232 of 13 the City Zoning Ordinance, which requires a tower have a minimum setback from a 14 residential structure equivalent to 125 percent of the height of the tower. However, the 15 tower was constructed prior to the adoption of the applicable zoning regulation and is 16 therefore nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 19 of a nonconforming structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed structure, as relocated, 21 will be equally appropriate or more appropriate to the zoning district than is the existing 22 use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed structure, as relocated, will 28 be equally appropriate to the district as is the existing nonconforming structure under 29 the conditions of approval set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the relocation of the nonconforming structure is hereby authorized, upon the 35 following conditions: 36 37 1. The subject site and tower shall be developed substantially in accordance 38 with the submitted plan documents entitled "Zoning Drawings, Crown 39 Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 40 2013 and prepared by FDH Engineering Innovation. Said plan documents 41 have been exhibited to the Virginia Beach City Council and are on file in 42 the Virginia Beach Planning Department. 43 44 2. An eight -foot high solid wood fence, with Category 1 landscaping, meeting 45 the City Landscape Screening and Buffering Specifications and Standards 46 shall be installed around the compound area. 47 48 3. The access road shall be gated and locked to prevent unauthorized use; 49 additional drainage measures shall be employed, including a pipe under 50 the access road; and the road's crush and run shall be repaired after 51 construction. 52 53 4. The compound and the surrounding area shall be maintained free of 54 debris. 55 56 5. The older equipment building shall be pressure washed and a section of 57 fence with vinyl slats and landscaping meeting the City Landscape 58 Screening and Buffering Specifications and Standards shall be installed 59 to shield the building from view. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2014. APPROVED AS TO CONTENT: CA12867 R-2 March 31, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Li CUP - Home Occupation `Zoning with Conditions/Proffers, Open Space Promotion CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MATTHEW ALVES (Applicant / Owner), Conditional Use Permit for Home Occupation (firearms and gunsmithing). 2445 Brush Creek Lane (GPIN 1497800111). BEACH DISTRICT. MEETING DATE: April 8, 2014 • Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to allow the sale of firearms. In addition to obtaining this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting the business. • Considerations: The applicant will be gunsmithing, selling, assembling, refinishing, customizing, and providing parts and service for firearms. The applicant has extensive experience with firearms, will be the sole employee, and will perform the work in the attached garage of the applicant's house. There will be no signage identifying the home occupation. The actual sale of firearms and all transactions will take place online or at local trade shows. This use will not change the character of the neighborhood or adversely affect the surrounding properties due to the minimal activity expected with the use as well as the fact that no new construction is proposed. Specific details pertaining to the proposal are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-1, to recommend approval of this request to the City Council with the following conditions. 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A MATTHEW ALVES Page 2 of 2 report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home- based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. • 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 • k,C 0? -1, 1 Matthew Alves D3 March 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MATTHEW ALVES STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Home Occupation / firearm sales and gunsmithing) ADDRESS / DESCRIPTION: 2445 Brush Creek Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14978001110000 BEACH 75,080 square feet Greater than 75 dB DNL / APZ-2 APPLICATION HISTORY: On February 12, 2014, the Planning Commission deferred this application, as the public notice sign had not been posted on the property. 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for a Home Occupation to allow the sale of firearms. The applicant will be gunsmithing, selling, assembling, refinishing, customizing, and providing parts and service for firearms. The applicant has extensive experience with firearms, will be the sole employee, and will perform the work in the attached garage of the applicant's house. There will be no signage identifying the home occupation. The actual sale of firearms and all transactions will take place online or at local trade shows. In addition to obtaining this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting the business. Any firearm that arrives on-site will be secured in accordance with ATF regulations. The applicant owns a 400 -pound safe that is stored in the house. This safe will hold any amount of firearms that may be on the MATTHEW ALVES Agenda Item D3 Page 1 site. The applicant also has an alarm system on the home. In addition to these safety precautions, there is a dog on the premises. A City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining this Use Permit. The applicant will contact the Police Department's Crime Prevention Office (385-1066) to schedule the assessment. A report will be written by the Police Department, a copy will be provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used; • Inspect all landscaping, looking for any conflict with lighting and any areas where there may be places to hide; • Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary (break-ins); • Inspect all interior and exterior doors to determine the adequacy of their strength against penetration by prying, force, or any other means; • Inspect and review any alarm system that may be installed in the home; • Inspect the room and safe where any firearms, firearms supplies, firearms parts, and money may be stored as it pertains to the Conditional Use Permit to operate the business; and • Ascertain who resides in the home. If there are children, the assessing officer will review safety measures as it pertains to firearms and children. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: • Brush Creek Lane USE AND ZONING: • Single-family dwelling / R-10 Residential District South: . Commercial Storage Units /1-1 Light Industrial District East: • Single-family dwelling / R-10 Residential District West: • Single-family dwelling / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The southern portion of the site contains a stormwater retention pond. The site is located in the Chesapeake Bay Watershed. A portion of the site is in the Resource Protection Area (RPA). There are no known significant cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Special Economic Growth Area (SEGA) 2 - West Oceana. Much of SEGA 2 is subject to Navy restrictive easements and all of the area is inside the highest AICUZ. Single-family dwellings are not compatible within this AICUZ and are not consistent with the recommendations of the Comprehensive Plan for SEGA 2. The existing single-family dwellings in this neighborhood, however, were developed on parcels zoned R-10 Residential in the 1970s. MATTHEW ALVES Agenda Item D3 Page 2 IMPACT ON CITY SERVICES Other than the inspections and service provided by the City's Police Department, this use will have no direct impacts on City services. 4 SPECIFIC STANDARDS FOR HOME OCCUPATION USE PERMITS Section 234 of the City Zoning Ordinance provides specific standards that regulate a Use Permit for a Home Occupation: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, not illuminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. 4 • EVALUATION AND RECOMMENDATION The applicant is requesting a Home Occupation for the sales, gunsmithing, assembling, refinishing, and customization of firearms. The applicant is the sole employee, and all firearms will be stored on the premises in accordance with ATF regulations. The premises will also have a home security system. Additionally, a security assessment of the home will be done by the Police Department's Crime Prevention Office within one month of the granting of this Use Permit. From the exterior of the home, business activity associated with this proposal will be undetectable. This use will not change the character of the neighborhood or adversely affect the surrounding properties due to the minimal activity expected with the use as well as the fact that no new construction is proposed. The proposed home occupation is consistent with the Comprehensive Plan, and supports one of the City's desired outcomes to ensure the opportunity to start and grow a business, or for one to enter into and prosper in the local job market (p. 1-2). MATTHEW ALVES Agenda Item D3 Page 3 Staff finds that the proposed in-home business meets the specific standards for a Home Occupation as provided by Section 234 of the Zoning Ordinance; therefore, staff recommends approval of this request with the conditions listed below. • CONDITIONS 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. MATTHEW ALVES Agenda Item D3 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MATTHEW ALVES Agenda Item D3 Page 5 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA MATTHEW ALVES Agenda Item D3 Page 6 995.29'19'( BRUSH CREEK LANE (so') 5• /VIUC U1110Y CARMEUI- 585'29'18"E 110.07' �(,1 ot,(n 25 1— z W tn 1,3 N w /20'MAINTENANCEEr b(sxt 135.22' tn /VARIA 12,0 ri PORCH 11 z' 0 10 e' b 10.9 2 STORY BRICK d( FRAME #2445 {14• /C PAO 26 EASEMENT 20'DRAINAGE EASEMENT LE WIDTH IMPOUNDMENT EASEMENT -7 \ \ N84'53'42"W 277.59 (900s APPEARS TO EAU( M'i1NW ON THE DEPARTMENT Of H.U.D.. (Al( NAP TOR INE CITY OF ON. (COMMUNITY PANEL 515531. TED 5-4-09). b 19.6' 0ETMI N15 27 D 3 D CO M A • v O z) O x 73 D 1Y1 Z m r j Q' _4 1M n m z PHYSICAL. SURVEY OF LOT 26, SUBDIVISION OF THE EVE RGREENS (IN. 2008(125001J5587O) FOR PHYSICALSURVEY OF SITE r^`�N1A•BF,��C` MATTHEW ALVES Agenda Item D3 Page 7 PHOTOGRAPH OF DWELLING AND LOT MATTHEW ALVES Agenda Item D3 Page 8 BEACH Map I-7 Ma. Not to Scale Matthew Alves 'Zoning with Conditions Proffers, Open Space Promotion CUP - Home Occupation ZONING HISTORY # DATE REQUEST ACTION 1 09/22/2009 Conditional Use Permit (Bulk Storage) Approved 2 09/25/2007 Conditional Use Permit (Automobile Repair Garage) Approved 3 12/13/2005 Conditional Rezoning (R-10 to 1-1) Approved 4 02/26/2002 Conditional Use Permit (Tattoo Parlor) Approved 5 03/28/2000 Street Closure Approved 6 01/23/1978 Rezoning (1-1 to R-5) Approved MATTHEW ALVES Agenda Item D3 Page 9 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) ---04k-WA4-1d----- kafAt-kAA-...1A1 Ak \Pe`, 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or emm Ioyee of the City of Virginia Beach have an interest in the subject land? Yes ( ( No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MATTHEW ALVES Agenda Item D3 Page 10 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a 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, 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. i /' , J V'A.- Matthew Alves Applicant's Signa re Print Name Matthew Alves Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT MATTHEW ALVES Agenda Item D3 Page 11 I Item #D3 Matthew Alves Conditional Use Permit 2445 Brush Creek District 6 Beach March 12, 2014 REGULAR An application of Matthew Alves for a Conditional Use Permit (Home Occupation / firearm sales and gunsmithing) on property located at 2445 Brush Creek Lane, District 6, Beach. GPIN: 14978001110000. CONDITIONS 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. I Item #D3 Matthew Alves Page 2 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approved item D3. AYE 10 NAY 1 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO THORNTON AYE WEINER AYE NAY By a vote of 10-1, the Commission approved item D1. The applicant appeared before the Commission. cu co V co 0 t. co U. tu E 0 z C o tp 4 o o 0 a) E 0 z a 0 ' Zoning with Conditions/Proffers, Open Space Promotion ITEM: PATRICIA ANNE VOGEL (Applicant / Owner), Conditional Use Permit for a Family Child Daycare Home. 3712 Massanutten Court (GPIN 1485467347). CENTERVILLE DISTRICT. MEETING DATE: April 8, 2014 • Background: The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. There is an existing single-family dwelling located on the subject site, which is at the western end of Massanutten Court. • Considerations: Typical hours of operation are 6:00 a.m. to 5:30 p.m. The applicant does occasionally provide extended care, overnight care, or weekend care by special arrangement. The applicant has over 25 years of child daycare experience and has operated her current in-home child daycare for over 15 years. She is currently licensed by the Commonwealth of Virginia's Department of Social Services (DSS) for up to ten children, ages three months to seven years. During her most recent inspection by the DSS, it was discovered that the applicant lacks the requisite Use Permit. Details pertaining to this application are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at I Patricia Anne Vogel Page2of2 any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. 5. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 5..6A Patricia Anne Vogel CUP Home Occupation - Home Family Daycare 3 March 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: PATRICIA ANNE VOGEL STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (home occupation — home family daycare) ADDRESS / DESCRIPTION: 3712 Massanutten Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14854673470000 CENTERVILLE 8,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. There is an existing single-family dwelling located on the subject site, which is at the western end of Massanutten Court — a cul-de-sac. Typical hours of operation are proposed as 6:00 a.m. to 5:30 p.m. The applicant does occasionally provide extended care, overnight care, or weekend care by special arrangement. According to the application, the applicant has over 25 years of child daycare experience and has operated an in-home child daycare, called Touch of Class Day School, in her home for over 15 years. She is currently licensed by the Commonwealth of Virginia's Department of Social Services for up to ten children, ages three months to seven years. The applicant staggers the pick- up and drop-off times to avoid congestion in the cul-de-sac. Typically, parents park in the driveway or in the street directly in front of her house. The almost 8,000 square foot lot has a Targe rear yard that is fenced, providing a safe area for the children to play. No direct access (no gate in the fence) is available to the open space or to the canal in the rear of the property. PATRICIA ANNE VOGEL Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single -Family Dwelling SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Open space • Single -Family Dwellings / PD -H1 District • Single -Family Dwellings / PD -H1 District • Single -Family Dwellings / PD -H1 District • Canal • Multi -family dwellings / PD -H1 District The site is within the Chesapeake Bay watershed and is part of a neighborhood that was developed in the 1980s. There are no known significant environmental or cultural features on this site. 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. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on Massanutten Court, which is a cul-de-sac residential street. The street is not listed in the Master Transportation Plan and there are no Roadway Capital Improvement Plan projects in this area TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Massanutten Court N/A 9,900 ADT 1(Level of Service "D") Existing Land Use `— 10 ADT Proposed Land Use 3- 64 ADT 'Average Daily Trips las defined by typical single-family dwelling 3 as defined by single-family dwelling with 12 -child daycare WATER & SEWER: This site is already connected to City water and sewer. PATRICIA ANNE VOGEL Agenda Item 3 Page 2 • EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A Family [Child] Daycare Home 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 determined 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. A Conditional Use Permit is required by the City Zoning Ordinance for any 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. There is ample outdoor play area for the children behind the house in the rear yard. Adequate space is available on the street as well as in the driveway for picking -up and dropping -off children. While the applicant has indicated that pick-up and drop-off times are staggered, to limit any possible congestion, Staff has included Condition 3. Staff concludes that the applicant's request will not adversely impact any surrounding properties, and is consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Approval of the Conditional Use Permit is recommended subject to the following conditions. CONDITIONS 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. 5. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ PATRICIA ANNE VOGEL Agenda Item 3 Page 3 Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PATRICIA ANNE VOGEL Agenda Item 3 Page 4 AERIAL OF SITE LOCATION PATRICIA ANNE VOGEL Agenda Item 3 Page 5 J _u 7NSts m OMIY n. !ON SEPTEMBER 18. 1993 s.. Elm 77�L'f94A9ERTYSHONN AV 1115U AT AND 1M4T 7h1E IMF LAVES AND THE N;ILLS O 111E IRRLDIHCS ARC S OON A4 TVS AUT. 7HE B1iLlNNCS STAND S7R7C,LY WINN ME 1171E ONES AND DARE ARE NO .• . ^.. s OF 07H£7P 8(&LW Qs ON THE AVOPEN Y EXCEPT AS SHOW f/,�Rl YJ' woop ... 04.1(.1566 11011(.47 . 40 MASSANUTTEN COURT PHYSICAL SURVEY OF LOT 39, BLOCK A. PLAT OF GREEN RUN, SECTION A-3, PART 3 VIRGINIA BEACH, VIRGINIA SITE SURVEY 11 ;i 1ABi..4 k,-(k4.-6 PATRICIA ANNE VOGEL Agenda Item 3 Page 6 '1F OUR .Pt1.1-. 5 CENTERVILLE Map G-10 Map Not to Scale Patricia Anne Vogel PD 4 r assanutte rem..�� mirk scrat;;iz__.„ ' Zoning with Conditions)Proffers, Open Space Promotion (fi CUP Home Occupation - Home Family Daycare ZONING HISTORY There has been no recent zoning activity in the vicinity to report. PATRICIA ANNE VOGEL Agenda Item 3 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or ep�Joyee of City of Virginia Beach have an interest in the subject land? Yes J No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT PATRICIA ANNE VOGEL Agenda Item 3 Page 8 V 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) fi ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a 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, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Print Name V V'6 nature (if different than applicant) Print Name DISCLOSURE STATEMENT PATRICIA ANNE VOGEL Agenda Item 3 Page 9 I Item #3 Patricia Anne Vogel Conditional Use Permit 3712 Massanutten Court District 1 Centerville March 12, 2014 CONSENT An application of Patricia Anne Vogel for a Conditional Use Permit (home occupation — home family daycare) on property located at 3712 Massanutten Court, District 1, Centerville. GPIN: 14854673470000. CONDITIONS 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front fagade of the house and within the fenced yard area when open for business. 5. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 3. I Item #3 Patricia Anne Vogel Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 3 by consent. The applicant appeared before the Commission. LLAM �,. F,RWITZ ENGINEERING - SURVEYING - PLANNING Steven J. White, PH.D Development of Planning Operations Building, Room 115 Municipal Center Virginia Beach, Virginia 23456 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 RE: Miller Holding II, LLC, 4877 Shore Drive, Virginia Beach, Virginia Conditional Change of Zoning, and Conditional Use Permit, KG Project #V12014 Dear Mr. White; u,..-Eebruary 27, 2014 On behalf of my client The Miller Holding Co. we request that our application for conditional change of zoning for the above referenced property be withdrawn from the City Council docket. if you should have any questions or need further information, please don't hesitate to call this office. Sincerely, Robert S. Kellam P.E. I Prole:rts2012'V12014City AppeaPV12014 L.E7`TER -wat drawn-doc: U : CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILLER HOLDING II, LLC (Applicant / Property Owner) (a) Conditional Change of Zoning, B-2 Community Business to Conditional B-4 Mixed -Use, and (b) Conditional Use Permit for Multi -Family Dwellings. 4877 Shore Drive (GPIN 1479372442). BAYSIDE DISTRICT. MEETING DATE: April 8, 2014 • Background: The applicant's request consisted of a Change of Zoning for the subject site from B-2 Community Business District (SD Shore Drive Overlay District) to B-4 Mixed Use District (SD Shore Drive Overlay District). The applicant proposed the construction of six multifamily dwelling units. • Considerations: On November 26, 2013, the City Council indefinitely deferred this application to provide time for the applicant to discuss the proposal with the Bayside District Councilmember. In late -January, the Councilmember instructed staff to place the item on the earliest available City Council agenda for the Council's consideration, which based on legal advertising deadlines, was April 8, 2014. The applicant was informed that the item had been scheduled for the April 8 City Council meeting. On February 27, 2014, staff received a letter from the applicant's representative on behalf of the applicant, requesting the withdrawal of the application. • Recommendations: Staff recommends City Council allow the withdrawal of the application as requested by letter dated February 27, 2014. • Attachments: Letter from Applicant Requesting Withdrawal Location Map Recommended Action: Allow withdrawal of the application Submitting Department/Agency: Planning Department City Manager: VI VC Ui 8 88 888 9 ti (r) 1 r:, 1 'A ❑ ian 8 rn' LA h I 0 0 0 0 0 0 0 0 O a 0 N N N N rn N fn N N N U) N 0) (an (a1) (an fa0 CA 0)) (n 8) (a/) 0 0 N 0 0N 8888888.888 fttli (n88tantan88 cancan MI (an can (an (an ran CACAcan GI 000 0 0 0 8 0 0 888888888''88888 Ul888(9888888(an a ❑ N N ( 88� 888E 0 V) V) N ❑ N (an ua) _(ai)_ (an (1)(1 can (1) ua) U) ran 01 on tf an a00 n (1) 0) • pmml o 888 8 88Nfn o a a o a 0 a a o a (.1) U) N N N N N N U) N N N a n (f)(an (.1)1)i) (ai) ((/1 0) Col V) ❑ V) 8888888 888 N (an V) e N N • ' (n 4i N 8 01 8 8 8 8 8 WOO a o a a 0 a❑ a a a N N N N N N N N N N (n N 88888888888888 (an 8888888881.i/1 8 8 Can Ul N tan uai 8 8 V.1ran tan (an 8) (an ran fan 0 8• ) 0 (an 8 8 a EA 8 N fn 0 0 0 0 0 0000❑❑ a o a a❑ N N 0) 0) (0 V) 0) N N 0) N U) cn N N 8 ❑ N N ❑ ❑ N N a ❑ N N (1)0)an(4010) 8u❑i88 888888888 aaa 01(n(n(an ❑ z oC 0 U � .214. Q. avzo 0 ea VU N_ Fd0 0 67 Cf li N O N Q r • ct Q � E O w tt '13 c O O Cr) Oa y cl cc • E Y1 = q C 411 O 4 O C 4" ts • 3 • 0 t v)4` Sm g KL • % Imo. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIVE MILE STRETCH ASSOCIATES, LLC (Applicant & Owner), Conditional Change of Zoning, AG-1/AG-2 Agricultural to Conditional PD -H2 Planned Unit Development [R -5D]. 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494479615; 1494461695). PRINCESS ANNE DISTRICT. MEETING DATE: April 8, 2014 • Background: The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to PD -H2 Planned Unit Development District [R -5D]. The applicant has consolidated seven parcels of undeveloped land on the north side of Princess Anne Road for the purpose of developing a single-family residential community. The Planning Commission acted on this request on July 10, 2013. The City Council deferred the request on August 27, 2013, and again on October 22, 2013. The applicant has revised the land use plan, primarily through a reduction of acreage devoted to the site and a corresponding reduction in the number of dwelling units from 112 to 94. The applicant requested that the application be returned to the City Council for consideration. Staff, therefore, scheduled the application for the earliest available City Council meeting, considering the time required for meeting the legal requirements of posting public notice on the property, legal advertisement, and notification of adjacent property owners. • Considerations: The proposed plan consists of 94 lots (density of 2.92 units per acre), which is comparable to the nearby residential developments, as explained in the attached staff report. Since the development is a PD -H2 Planned Development, the lot arrangement, lot sizes, setbacks, and related requirements are established by the proffered Land Use Plan and the proffers of the Conditional Zoning Agreement, particularly Proffer 6. Minimum lot size is 5,000 square feet; however, unlike a typical residential community zoned R -5D Residential, many of the lots in this development are adjacent to open space, resulting in the lots seeming larger than they actually are. The design of the project provides 37 percent of the site as open space. Specific details pertaining to the applicant's request are provided in the attached staff report. Five Mile Stretch Associates, LLC Page 2 of 4 The subject site is located within the 65 - 70 dB DNL AICUZ (Sub -Area 2). The Joint Navy -City Staff [MOU] Group (JSG) evaluated this revised application on March 27 for compliance with the provisions of Section 1804(c)(3) of the City Zoning Ordinance. The JSG found that the proposed density of 2.92 dwelling units per acre meets the provisions of Section 1804(c)(3). The JSG Evaluation is provided in the `Evaluation and Recommendation' section of the attached staff report. There was opposition to the request at the Planning Commission hearing on July 10, 2013. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the submitted proffers. Please note that Proffer 2 is being deleted, as the access point for the subdivision shall be at the point shown on the Land Use Plan referenced in Proffer 1. Proffer 2 pertained to an earlier version of the Land Use Plan, and is no longer necessary, as the access point has now been established at the location shown on the proffered plan. The Zoning Ordinance allows for the deletion of all or part of a proffer prior to or during the public hearing. PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than ninety-four (94) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated February 21, 2014, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingre:c and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be c cement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides I Five Mile Stretch Associates, LLC Page 3of4 Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1750 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 2150 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: I Five Mile Stretch Associates, LLC Page 4 of 4 When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road that will be in addition to the proposed landscaping to be completed as part of the Princess Anne Road Project — Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated February 28, 2014, and found it to be legally sufficient and in acceptable legal form. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: % 1 1L, THIS REPORT IS A REVISED VERSION OF THE REPORT PROVIDED TO THE PLANNING COMMISSION. THIS REPORT REFLECTS THE NEW LAND USE PLAN AND CORRESPONDING PROFFER REVISIONS SUBMITTED BY THE APPLICANT PRINCESS ANNE M p IU -11 Five Mile Stretch Associates, LLC ..4pon IIA-b.lb[IIIr kat 4.. Change o1 Zoning from AO-1/AG-2 to PD -H2 underlying R -5D APPLICANT: FIVE MILE STRETCH ASSOCIATES, L.L.C. PROPERTY OWNERS: FIVE MILE STRETCH ASSOCIATES, L.L.C. , JOSEPH A. WALTON, JR., JSW HOLDINGS, LLC, ESTATE OF ANNIE B. BROWN K. SETZER STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning -- AG1 / AG2 Agricultural Districts to Conditional PD -H2 Planned Unit Development District [R -5D District] ADDRESS / DESCRIPTION: 2800-2900 Block of Princess Anne Road GPIN: ELECTION SITE SIZE: AICUZ: 14944703100000;14944616950000 DISTRICT: 32.22 acres 65 dB to 70 dB DNL 14944718770000;14944646660000 PRINCESS ANNE (Sub -Area 2) 14944755020000;14944758470000 14944796150000 • BACKGROUND / DETAILS OF PROPOSAL The applicant has consolidated seven parcels of undeveloped agricultural land on the north side of Princess Anne Road to develop a single-family residential development. The applicant proposes to conditionally rezone the existing AG -1 and AG -2 Agricultural properties to Conditional PD -H2 Planned Unit Development District (R -5D District). The development site is uniquely shaped due to the configuration of the consolidated parcels and the fact that the site is also bisected by a 66 -foot wide right- of-way owned by Dominion Virginia Power. The proposed plan consists of 94 lots (density of 2.92 units FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 1 per acre), which is compatible to the nearby residential developments. Single-family residential developments in the surrounding area have the following density levels: a. Christopher Farms (Phases 1 and 2) -- 2.7 units per acre b. Christopher Farms (Phase 3) [formerly known as Pleasant Acres] — 2.28 units per acre c. Buryn Farm South — 2.77 units per acre d. Woods of Piney Grove — 3 units per acre Since the development is a PD -H2 Planned Development, the lot arrangement, lot sizes, setbacks, and related requirements are established by the proffered Land Use Plan and the proffers of the Conditional Zoning Agreement, particularly Proffer 6. Minimum lot size is 5,000 square feet; however, unlike a typical residential community zoned R -5D Residential, many of the lots in this development are adjacent to open space, resulting in the Tots seeming larger than they actually are. The design of the project provides 37 percent of the site as open space. The proposal also includes the dedication to the City of Virginia Beach of 2.06 acres of future right-of-way and a 1.17 -acre area of mature trees adjacent to the Christopher Farms neighborhood. The proposed plan also designates 11.92 acres of open space, some of which includes areas of non -tidal wetlands and a tree preservation area. Discounting the right-of-way dedication, 37 percent of the total site will consist of open space areas. Primary vehicular and pedestrian access will be directly from Princess Anne Road at an existing access point that currently serves a private road that extends northward immediately adjacent to the western side of the subject site. The applicant will be improving that access point with a divided roadway that will provide access to the private road as well as the proposed residential community. The plan also shows a secondary 'emergency access lane' that will extend from the southernmost street in the community, then adjacent to the eastern side of an existing stormwater pond associated with Princess Anne Road, and finally to Princess Anne Road. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND USE AND ZONING: North: South: East: West NATURAL RESOURCE AND CULTURAL FEATURES: • Single-family dwellings / R-7.5 Residential District • Princess Anne Road • Golf course, residential dwelling and undeveloped land / AG -1 & AG -2 Agricultural District • Undeveloped land / AG -1 & AG -2 Agricultural District • Undeveloped land / AG -1 & AG -2 Agricultural District This site is within the Southern Watershed Management Area. The owner, developer and/or consultant are responsible for contacting the Department of Conservation and Recreation (DCR) and/or the U.S. Army Corps of Engineers regarding State construction site stormwater permits and the potential presence of jurisdictional non - tidal wetlands, respectively. The City of Virginia Beach does not issue Virginia Stormwater Management Program (VSMP) permits or make non -tidal wetland determinations or regulate these FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 2 environmentally sensitive areas. The Dominion Power right-of-way to the north of this subject property has been identified in the Virginia Beach Outdoors Plan as a future bike/pedestrian trail. COMPREHENSIVE PLAN: The subject site is identified as being within the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons. The guiding plan for Princess Anne SEGA 4 is the Interfacility Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan). The site is also with Sub -Area 2 of the Princess Anne Corridor Study, which is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary set of planning policies for the site. The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of Princess Anne Road and west of Dam Neck Road, for which the Comprehensive Plan either had previously provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific policies, such as the Sub -Areas in the Princess Anne Corridor Study. Accordingly, development proposals for the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well as the Princess Anne Corridor Study. Despite the land use compatibility constraints of the AICUZ and Interfacility Traffic Area (ITA), Princess Anne SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The Comprehensive Plan provides two sets of recommendations for Princess Anne SEGA 4. There are general recommendations provided for the Princess Anne/Transition Area (pages 4-3 and 4-4 of the Policy Document) and there are general recommendations specific to Princess Anne SEGA 4. The recommendations for SEGA 4 are listed below, as they are the recommendations most applicable to the subject site. Unless otherwise specifically addressed by other Comprehensive Plan policies and recommendations, developments proposed in the Princess Anne SEGA 4 should conform to the following planning recommendations: • Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity; • Protection of most sensitive land; • Mixed use town center style development in the Municipal Center and Historic/Cultural District; • Low -impact campus style development for work, education, research, recreation and worship (remainder of ITA and Vicinity Area); • Guidelines for building types to ensure appropriate quality and character; • Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south of Indian River Road; • Development remains limited along existing unimproved infrastructure; and, • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center, (p. 4-7, Policy Document). The general goals for land uses of the Princess Anne SEGA 4 - North Princess Anne Commons are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. An important general recommendation for any development within this area is that direct private access to Princess Anne Road will not be permitted, due to its FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 3 designation as a Controlled Access Roadway in the City's Master Transportation Plan, except when the property in question has no other reasonable access to the circulation system. The Interfacility Traffic Area and Vicinity (ITA and Vicinity) Master Plan states that development should be directed first along existing developed nodes with infrastructure and, for those areas outside of restricted AICUZ, development should consist of mixed-use districts. The intent is to reinforce and infill developed nodes or urbanized campuses with commercial, institutional, and residential uses so people can live, work, and recreate within walking distance to services and gathering spaces, (p.3, ITA and Vicinity Plan). As noted at the beginning of this section, the Princess Anne Corridor Study provides land use policies and recommendations that are specific to the subject site and the immediate surrounding area, which the Study designates as Sub -Area 2. This Sub -Area consists of approximately 100 acres and includes 27 privately owned parcels with a few single-family residences (p. 10, Corridor Study). The `viewshed' of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use of planting and design guidelines for adjacent future development. Buffer plantings between Sub -Area 2 and the adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer area to allow year-round screening of the proposed developments (p. 16-17, Corridor Study). It is important that these policies ensure neighborhood compatibility, protecting the neighborhoods from unwanted intrusive uses or activities. The Corridor Study provides two 'critically important objectives' applicable to all of the area encompassed by the Study: (1) The need to accomplish land parcel consolidation that is large and well configured in order to promote a coordinated and unified, as opposed to piecemeal, development. (2) The need to limit the number and location of roadway and driveway accesses to Princess Anne and Dam Neck Roads for that segment within this corridor area (p. 19, Corridor Study). Building design elements must maintain the character of the area. Planted vegetation should be used to 'soften' the appearance of the built environment and such vegetation should blend in with the natural features of the site. Open space should be included as part of development and located to create a continuous connector park. Whenever possible, the design of stormwater retention and detention systems should have irregular features versus geometric features. Chain link fences are not encouraged as an enclosure around stormwater management pond facilities and should be avoided (p. 11-14, Policy Document). Low impact development techniques are encouraged as a means of managing stormwater. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently undergoing construction to widen it from a two lane undivided typical section to a four lane divided typical section with parallel multi -use trails. The subdivision entrance is at the location of a designed median break and will displace a private street serving three houses; this private street traffic will be rerouted through the new subdivision. The proposed plan also shows a second access point to a future roadway, London Bridge Road Extended, which has been shown in the Comprehensive Plan and ITA Vicinity Master Plan but does not have an active CIP project. FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page4 1 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road (Existing) 21,000 ADT1 (2011 — Road has not been counted due to construction) Up to 17,000 ADT 1(Level of Service "D") Capacity Up to 18,400 ADT 1(Level of Service "E") Existing Land Use 2 — 10 ADT AG -1 properties 30 ADT: 2 AM Peak Hour Trips & 3 PM Peak Hour Trips Proposed Land Use 3- 1,070 ADT: 81 AM Peak Hour Trips & 107 PM Peak Hour Trips Princess Anne Road (Build -out) Up to 32,500 ADT 1(Level of Service "C") Up to 34,900 ADT 1(Level of Service "D" - Capacity) 'Average Daily Trips Pas defined by 36.73 acres AG -1 & 3 houses on private street 3 as defined by 94 housing development plus 3 houses on private street of through traffic PARKS and RECREATION: The developer should consider additional dedication of the open space south of the Dominion Power right-of-way and east of the houses to the City of Virginia Beach. This would result in Tess maintenance for the Home Owners Association, many of which generally struggle to keep up with the long-term maintenance of large open spaces. If dedicated this area would then be public and could connect to parcels to the east that may be developed with similar residential uses. This would maximize the benefits of open area as envisioned in the PA Corridor Study for Sub Area 2. WATER: This site must connect to City water. Water does not front the proposed Tots, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. There is a 20 -inch City water main in a 66 -feet wide right-of-way. SEWER: This site must connect to City sanitary sewer. City sanitary sewer does not front this site. City sanitary sewer is not available to the proposed lots. Plans and bonds are required for construction extension of sanitary sewer system. FIRE: No comments at this time. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity will have to be addressed in accordance with Southern Watershed Management Ordinance, Virginia Stormwater Management Handbook and the Performance based water quality calculations outlined in the Virginia Stormwater Management Handbook. On-site retention will be required and an adequate outfall must be verified in conjunction with this development. A hydrology study will be required to establish any onsite and downstream drainage requirements and easements. A copy of written permission will be required for all proposed work and improvements located with the existing 66' VEPCO right-of-way. All proposed right-of-way improvements along Princess Anne Road must be coordinated with COVB Roadways CIP #2-305. VIRGINIA NATURAL GAS: There is an 8 -inch steel gas main that runs in an easement in the Dominion Power right-of-way. A signed encroachment agreement for the work that will take place over FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 5 the easement will be required. SCHOOLS: School ECurrent nrollment Capacity Generation' Change 2 Christopher Farms 663 737 30 1 Landstown Middle 1,482 1,692 17 0 Landstown High 2,196 2,332 24 0 '"generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). • EVALUATION AND RECOMMENDATION The applicant has consolidated seven parcels of undeveloped agricultural land on the north side of Princess Anne Road into one site for the purpose of developing a single-family residential community. The applicant requests a rezoning of the site from its current Agricultural zoning to PD -H2 Planned Development [R -5D Residential]. The proposed community consists of 94 single-family Tots, with open space surrounding the lots. Many of the lots also have open space at the rear of the lot. The applicant has proffered building elevations as well as exterior building materials that are consistent with the Comprehensive Plan's recommendations regarding quality of design. Vehicular access to the site has been limited to one existing access point on Princess Anne Road that currently serves a private road that runs north to a small community of homes. Use of this access point for the proposed development, while maintaining and improving the access to the private road, is consistent with the controlled -access designation of Princess Anne Road. Joint Navy -City Staff [MOUI Group (JSG) Review The subject site is located within the 65 - 70 dB DNL AICUZ (Sub -Area 2). Accordingly, the Joint Navy - City Staff Group (JSG) evaluated this application for compliance with the provisions of the Section 1804(c)(3) of the City Zoning Ordinance. In doing so, an evaluation of the relevant provisions of the Comprehensive Plan specific to this area was necessary since the Comprehensive Plan policies are included in the criteria specified in Section 1804(c)(3): For property within Sub -Area 2 of the 65 - 70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: i. Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and ii. Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. The proposed density of 2.92 dwelling units per acre is consistent with the densities of the residential communities in the area: a. Christopher Farms (Phases 1 and 2) -- 2.7 units per acre FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 6 b. Christopher Farms (Phase 3) [formerly known as Pleasant Acres] — 2.28 units per acre c. Buryn Farm South — 2.77 units per acre d. Woods of Piney Grove — 3 units per acre With regard to the Comprehensive Plan's land use recommendations for this area, the proposed development site is located within an area designated as Sub -Area 2 of the Princess Anne Corridor Study (no relationship to Sub -Area 2 of the 65-70 AICUZ). The recommendations for this Sub -Area call for a 'base density' of 2 dwelling units per acre. The Corridor Study, however, provides that residential density may be increased to 3 dwelling units per acre for a development proposal that meets the following Performance Criteria: • Residential development with a variety of housing unit types is encouraged. This means developing a mix of high quality, predominantly single-family detached, and to a lesser degree, single-family attached uses without creating large dominant blocks of higher density dwelling types. The mix would also include a limited range of residentially compatible commercial uses for serving the neighborhood. • Neighborhood serving specialty retail shops, office and service uses that, when combined, do not to exceed a total of 50,000 square feet gross floor area. Examples of limited neighborhood service uses are day care centers, doctors' offices, pharmacies and other non -intrusive, locally serving uses. • Nonresidential development should be carefully planned and integrated into the planned development for this Sub -Area. • Development should include an attractive, park -like regional stormwater management facility, a mix of residential dwelling types and densities with the lower densities comparable to and closest to the Christopher Farms neighborhood. • The proposed plan for this area should embody exceptional open space areas and vistas, reverse frontage (see Section E.2, page 21 of the Corridor Study for discussions on reverse frontage and vistas) and interior access roads. Access to Princess Anne Road should be exclusively provided by an attractive, planned collector road connecting Holland Road to the Virginia Beach National Golf Course entrance. An undeveloped area, with a berm and heavily landscaped buffer approximately 100 feet in width between the collector road and Christopher Farms neighborhood should be included. Every effort should be made to save a wide area of undisturbed mature trees that is located adjacent to the Christopher Farms neighborhood and school (see Figure 14, page 25 of the Corridor Study). This road should be kept as far from the Christopher Farms Elementary School as possible. At the time these Performance Criteria were adopted as part of the Corridor Study, and then, as they evolved during updates of the Comprehensive Plan and the City's response to the BRAC's 2005 order pertaining to NAS Oceana, the overall vision for this area of the Corridor has remained substantially the same. That vision is primarily based on consolidation of most or all of the parcels in this area, having the Southeastern Parkway and Greenbelt and London Bridge Road Extended in place, and a comprehensively planned mixed-use community that includes retail, office, and service uses. Today, however, that vision is questionable for a number of reasons. First, retail developments to the northwest and to the southeast have resulted in a saturation level that makes additional retail in this portion of the Princess Anne Corridor highly unlikely. Second, the types of residential development envisioned and expressed in the Performance Criteria will be difficult to achieve without the complete consolidation of all of the parcels in this area. The density for projects developed on sites similar to the size of the applicant's site would be considerably higher if all of the Performance Criteria were pursued. Third, consolidation of all or a majority of the parcels in this area has proven to be extremely difficult due to FIVE MILE STRETCH ASSOCIATES, LLC. April 8, 2014 City Council Hearing Page 7 the number of property owners involved and the uncertain ownership status of some of the parcels. For example, one of the parcels that are part of this application is the subject of a court-ordered sale stemming from a Chancery case. Fourth, the envisioned roadway system has not materialized, and it is likely that it may not materialize for many years. Based on these findings, Planning staff has identified the Princess Anne Corridor as one of the areas needing study and policy revision during the upcoming Comprehensive Plan update process. In the interim, staff has assisted the applicant with recommendations that provide the highest possible degree of consistency with the Sub -Area 2 Performance Criteria. Accordingly, the Joint Navy -City Staff Group, agreeing that the Corridor Study policies for this area are difficult to achieve for the reasons above, concluded that the proposed density of 2.92 dwelling units per acre is consistent with the provisions of Section 1804(c)(3) of the City Zoning Ordinance. The proposed development is at a density "similar to or lower than that of surrounding properties having a similar use" and "conforms to the applicable provisions of the Comprehensive Plan." Based on the findings noted in this evaluation, staff recommends approval of this request as proffered. Please note that Proffer 2 is being deleted, as the access point for the subdivision shall be at the point shown on the Land Use Plan referenced in Proffer 1. 4 0 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than ninety-four (94) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated February 21, 2014, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: median break PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Five Mile Stretch Rezoning FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 8 Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1750 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 2150 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet Maximum building height 37 feet Maximum allowable lot coverage 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road that will be in addition to the proposed landscaping to be completed as part of the Princess Anne Road Project — Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: 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. FIVE MILE STRETCH ASSOCIATES, L.L.C.. April 8, 2014 City Council Hearing Page 9 STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of certainty in terms of the site's layout, the architecture and building materials to be used. The City Attorney's Office has reviewed the proffer agreement dated February 28, 2014, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 10 --r-- AERIAL -r-- AERIAL OF SITE LOCATION FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 11 PROPOSED SITE PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 12 4' e- <<?- 0 GRAPHIC SCALE ( 0: FEET ) t Loch - 150 It ..M..... 014 OF i \ IAA aT OF % M* SCADS CO frr tow -FEN -TAPS 4 71 Ace Future Development (Not Port of Rezon,ng) \ `\ rbEYri tj \a aun 0 \'a 0..me ..t1»... - el PkUM MWAN .0.. mu., SNOWDEN CITY Of VIRON* BE.0 I 01 PARCEL 0 CHRISTOPHER FARMS ELEMENTARY SCHOOL 1 ` 4 \ xt. 1 `\ tP o�° s4i 1 �ofoe . 'pi / \ ay i t Il t.W,�\` \ ,, I \' `!;\ �<�� 1I r1 '� a �I- 1 J C—fit, 1111,\ �� e4.7p:V=ps 11 .��' �r CC II »O ra (V.V5 041104•11 ,.».... w lac+.0 .Lon ....031. 444, \ i 2.06 ACRE TO BE C1Y NNE "icv as gs MEMO LIMO ) � ;4 ' � / 9Y' �-„, \ PRINCESS ANNE ROAD (,.,»,^`„ 0044,;.*) PROPOSED DEVELOPMENT PLAN (Enlarged) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 13 11111,111111.111111111X1 .L_ -77 111•111111M vim 1111i wir PS • 4 Algr ; il, _• -4,44 1RTT: gs or ustrative pur .oses and sub v 1 i. PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 14 I L/LJ fr. L1.731 ! EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 14 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 15 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 16 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 17 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 18 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 19 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 20 0 0 7 0 0 g m 0 0 0 0 O e, 00 0 •0 0 O 0 O 0 O V O 0 O 0 0 Q b C7 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 21 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 22 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 23 UI! PRINCESS ANNE Map HI -11 Map Not to Scale AG Five Mile Stretch Associates, LLC R10* • • alk _ I t it d 12;atzAT ;7:f eft tr,4,11! J 41e wit evity.A..-AB4, 707-404fortp, 00,01Fila 4.4.A.SP it r%40IS,OAtiA �� A Zoning with CondltionsdProffers. Open Space Promotion or PIH -2 Overlays ITA= interfacility Traffic Area Change of Zoning from AG-1/AG-2 to PD -H2 underlying R -5D ZONING HISTORY 1 2 3 DATE REQUEST 01/09/2007 03/14/2000 05/27/1997 Conditional Use Permit (Outdoor recreation - golf course) Conditional Use Permit (Outdoor recreation - golf course) Subdivision Variance ACTION Approved Approved Approved FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 24 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, fimi. business, or other unincorporated organization, complete the following: 1. List the applicant name fdlowed by the names of all officers, members, trustees, partners, etc. below (Attach list if necessary) Five Mile Stretch Associates LLC R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant (Attach fist inecessary) McGinnis Realty and Development Company ❑ Check here if the applicant is NOTa corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is r iferent from applicant If the property owner is a corporation, partnership, Finn, 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 /f necessary) Five Mile Stretch Associates LLC, R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant (Attach list if necessary) McGinnis Realty and Development Company ❑ Check here trifle property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See neat page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0 No El If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 oh 12 Reread 11/1e2006 CONDITIONAL REZONING APPLICAT DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C, April 8, 2014 City Council Hearing Page 25 CONDITIONAL REZONING APPLICATION DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attomey Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning 'Parent -subsidiary relationship' means 'a relationship that exiets when one corporation dl recut or indirectly owns shares possessing more than S0 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Ad, Vs. 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, (a) a con trolNng owner in one entity is also a controlling owner in the other entity, or ON) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or other lee share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the Information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the appticetlon 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 pubic hearing according to the road ucdons in this package. The undersigned also consents to entry Won the subject property by employees of the Department of Planning to photograph and view the site for purposes or processing and evaluating this application. FivejA(le Spetch Associa ps, LLC Ma aging Member Print Name 016;4,A,,.1 Property Owner's Signature (if different than applicant) Print Name Condition Rumba Appiksion Paps 12or/2 rWINd 7/3/2007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C, April 8, 2014 City Council Hearing Page 26 LDISCLOSURE STATEMENT aaaMMIIMINNIMIIMMIM■INIMMINV 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 ifnecessary) Five Mile Stretch Associates LLC R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) McGinnis Realty and Development Company ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Estate of Annie B. Setzer and Brown K. Setzer C/O James T. Cromwell, Special commissioner 2. Ust all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ® Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0 No If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 0112 Revised 11/1E2006 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.Q.C. April 8, 2014 City Council Hearing Page 27 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attomey Sykes, Bourdon, Ahem & Levy, P.C., Attomeys Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning .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, (ti) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the sacra offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close worldng relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 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, l 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 Insbuctions In this package. The Planning upon the subject by employees of the Department of to photograph and view the for p urpooses of processing g and evaluating this application. . Fiv i Stretch Associates, LLC t. -,7s Signature Managing Member // ;nhfT(,rn "•f , s Sign - ' different than - •• • Ilc ant) Print Name James T. Cromwell, Special Commissioner Estates of Annie B. and Brown K. Setzer , f:1d.(i•-44.t/i 1 Print Name Conditioned Rezoning Appy Pegs 12of12 Revised 7/Y1007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 28 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wdl provide services with respect to the requested property use, indudktg but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach fist if necessary) Harry R. Purkey, Jr., P.C., Attomey Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning 1 .Parent -subsidiary relationship' means 'a relationship that exists when one corporation tiredly or indirectly owns shares possessbrg more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 •Affiliated business entity relationship' means 'a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, 01) a c ontroiing owner in one entity is also a controlling owner in the other entity, or (iI) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an of bated business entity relationship include that the sane person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close worldng relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the Information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at retest 30 days prior to the scheduled pubic hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plant • to photograph and view the she for purposes of processing and evaluating this application. Five il: Stretchy • / j ciates, LLC i/i l//a 71,, / tint Name J.14 A. Wa/744.T1' Pr• • s Sig ature (' r,j than applicant) Print Name J ph A. Walton Conditional Rezoning Applipaon Page 12or12 Revised 7/3/2007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 29 DISCLOSURE STATEMENT ADDMONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, indudk►g but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attorney Gallup surveyors & Engineers, LTD Kotarides Developers, Land Planning 1 'Parent -subsidiary relationship' means 'a relationship that twists 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' mean's relationship, other than parent - subsidiary relationship, that exists when (t) one business entity has a controlling ownership interest in the other business enitiy, (11) a corrtroghng owner in one entity is also a confroi} ng owner in the other entity, or QlI) 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 indude that the same person or substantially the same person own or manage the two entities; them are common or commingled funds or assets; the business anti les share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for ublic hearing,1 am for obtaining and posting the required sign on the property at least 30 days prior to scheduled public hearing according the instructions in ppaackage. The undersigned aim consents to entry upon the subject property by employees of the Department of Planning to and view the site for purposes of processing and evaluating this application. Five tretch Associates, LLC A.. rI Al. -5" Me igievA ,J aging T em. -r Print Name .-J ose/A 6t1eeJJ 144144 Property • - s lig' - e (if different than applicant) Print Name ryi� Joseph F ncis alton, Managing Member "/ Condleoral Rezoning Apparason Peps 12 of 12 Revised 7152007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. April 8, 2014 City Council Hearing Page 30 Item #4 Five Mile Stretch Associates, L.L.C. Conditional Change of Zoning 2800-2900 Block of Princess Anne Road District 7 Princess Anne Road July 10, 2013 REGULAR An application of Five Mile Stretch Associates, L.L.C. for a Change of Zoning (AG1 / AG2 Agricultural Districts to Conditional R.5D Residential District with PD -H2 Planned Unit Development Overlay) on property located on the 2800-2900 Block of Princess Anne Road, District 7, Princess Anne. GPIN: 14944703100000; 14944616950000; 14944718770000; 14944646660000; 14944755020000; 14944758470000; 14944853880000; 14944796150000. PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than c hundred twelve (112) single family homes, substantially in accordance with the "Land Us( Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file wit the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be frc the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side o the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Plannini If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Fi Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have bE exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors each home shall be primarily earth tone. I' Item #4 Five Mile Stretch Associates, L.L.C. Page 2 PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1500 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 1900 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all Tots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet Maximum building height 37 feet Maximum allowable lot coverage 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and Item #4 Five Mile Stretch Associates, L.L.C. Page 3 administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT ABSENT By a vote of 9-0, the Commission approved item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Christine Riley, Lisa Hartman, and Carl Neidhold appeared before the Commission in opposition. In Reply Refer To Our File No. DF -8702 TO: FROM: B. Kay Wilso RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 27, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Five Mile Stretch Associates, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2014. I have reviewed the subject proffer agreement, dated February 28, 2014 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 Hassern/ PREPARED BY: M113 SYI:ES. BOURDON, AIIERN & LEVY. P.C. FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of February, 2014, by and between FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, party of the first part, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 23.23 acres designated as Parcels One, Two, Three and Four in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels One, Two, Three and Four, along with the other pieces and parcels of land described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and GPIN: 1494-47-0310 (Parcel 1) 1494-46-1695 (Parcel 1) 1494-47-1877 (Parcel 2) 1494-46-4666 (Parcel 3) 1494-47-5502 (Parcel 4) 1494-47-5847 (Parcel 5) 1494-47-9615 (Parcel 6) Prepared By & Return To: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22160 PREPARED BY: OM SYkES, POURDON, EN AEIERN & LEVY. I.C. WHEREAS, the party of the second part by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey, et al in Chancery No. CHo1-1096, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 8.8 acres designated as Parcels Five and Six in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels Five and Six, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the owner and the contract purchaser of the assembled property containing approximately 32.22 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG -1 and AG -2 Agricultural District to Conditional PDH -2 District with an underlying R - 5D Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH -2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and 2 PREPARED BY: au SYR{S. BOURDON. WE All ERN & LEVY. 1°.C. without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of not more than ninety-four (94) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated February 21, 2014, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). 2. When the Property is developed, vehicular ingress and egress to the Property shall be from Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. 3. When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (io) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding, wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. 4. When the Property is developed, each one-story dwelling shall contain a minimum 1750 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 2150 square feet of enclosed living area, excluding PREPARED BY: 0.13 SYIES, POORDON, DOI AH➢RN & LEVY. P.C. garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. 5. When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The areas designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. 6. The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: • Minimum lot area 5,000 square feet • Minimum lot width 50 feet • Minimum front yard setback 20 feet • Minimum setback from a public right of way (Street) for a covered porch 12 feet • Minimum rear yard setback 20 feet • Minimum side yard setback 5 feet • Minimum side yard setback adjacent to a street 15 feet • Minimum setback for accessory structures from side or rear property line not adjacent to a street 5 feet • Maximum building height 37 feet • Maximum allowable lot coverage 45% • Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. 7. When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road that will be in addition to the 4 PREPARED BY: Rin SYEES, fOURDON. GIN All ERN & LEVY, P.C. proposed landscaping to be completed as part of the Princess Anne Road Project -Phase IV, Capital Project 2.305.000, which is under construction. 8. Further conditions may be required by the Grantee during Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 5 (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: 013 SYI;ES. BOURDON. AHERN ERN & LEVY, P.C. WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia limited liability company By:, %ice ` McGinnis, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3rd day of March, 2014, by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: raffi SYldS. ]OUR©ON. GNI Au ERN & LEVY, P.C. "-)7/i(e.ey-A otary Public WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer and Brown K. Setzer By: �,�"` (Z:7(SEAL) Ja'' es T. Cromwell, Special ommissioner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3rd day of March, 2014, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer and Brown K. Setzer, Grantor. d i,141/b ,l(k4rk /77) Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: MI SYKES. GOURD®N. AHERN & LEVY. P.C. PREPARED BY: R:1RE1 SYKES. BOURDON. UM MON & LEVY. PC. EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1: ALL THAT certain tract, piece, or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of "the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof: (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of the property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale 1"=100' — June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 15o feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. GPIN: 1494-47-0310 1494-46-1695 Parcel 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: BEGINNING at a pin in the southwestern line of the Norfolk -Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21°44'20" W 54.48 feet to a point; thence along a center line of a ditch N 57°53'W 345.32 feet on a pin; thence along the centerline of a ditch N 7°24'30" E 251.33 feet to a pin in the southwestern line of the Norfolk -Southern Railroad Right of Way; thence along said right of way S 36°15' E 473.95 feet to the point of beginning. GPIN: 1494-47-1877 Parcel 3: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Tract F 6.1 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-46-4666 Parcel 4: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "Gi 2.0 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-5502 Parcels 5: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-5847 (Parcel 5) PREPARED BY: 0.13 SYKES. fOUR®ON. �1I Ali ERN & LEVY. P.C. Parcel 6: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Tract D2 7.5 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-9615 H:\AM\Conditional Rezoning\Five Mile Stretch \ Proffer_clean 2-28-44.doc PREPARED BY: ZIM SY>;PS, BOURDON, Al1PRN & LEVY, P.C. R.J. NUTTER II 757.687.7502 telephone 757.687.1514 facsimile rj.nutter§troutmansanders.com BY E-MAIL TROUTMAN SANDERS March 31, 2014 Stephen J. White, PH.D., AICP Planning Evaluation Coordinator Department of Planning and Community Development Bldg 2 Municipal Center 2405 Courthouse Drive, Room 115 Virginia Beach, Virginia 23456 TROUTMAN SANDERS LLP Attorneys at Law 222 Central Park Avenue. Suite 2000 Virginia Beach, Virginia 23462 757.687.7500 telephone troutmansanders.com Re: Conditional Rezoning Application of HIF, LLC; HIC, LLC; and Mach One, LLC for a Proposed Apartment Complex on the West Side of Windsor Oaks Boulevard Dear Stephen: I represent the above -referenced applicant with regard to the above application. This application is scheduled to be heard on Tuesday, April 8, 2014. While your staff has recommended approval of this application and we have met with adjacent property owners and are aware of no opposition, we would like to request a short 30 -day deferral of this application to Tuesday, May 13, 2014, at 6:00 p.m. I will notify the two groups of adjacent property owners whom we have met with of this change. Thank you for your assistance with regard to this matter. Sincerely, R.J. Nutter II cc: James M. Caplan ATLANTA BEIJING CHICAGO HONG KONG NEW YORK NORFOLK ORANGE COUNTY PORTLAND RALEIGH RICHMOND SAN DIEGO SHANGHAI TYSONS CORNER VIRGINIA BEACH WASHINGTON, DC ITEM: HIF, LLC, HIC, LLC; MACH ONE, LLC (Applicant/Owner), Conditional Change of Zoning, B-2 Community Business to Conditional A-18 Apartment. West side of Windsor Oaks Boulevard, approximately 400 feet south of Holland Road (GPIN 1486144604). ROSE HALL DISTRICT. MEETING DATE: April 8, 2014 • Background: The applicants propose to change the zoning of this currently undeveloped property from Conditional B-2 Community Business District and B-2 Community Business District to Conditional A-18 Apartment for the purpose of developing the site with a multifamily residential community of 252 dwelling units. The dwellings will consist of 191 apartment -style units within 4 buildings and 61 townhouse - style units within 11 buildings. • Considerations: The applicant has submitted a request for a deferral of this item until the Tuesday May 13 meeting for the purpose of allowing an opportunity to meet with and update neighboring property owners. • Recommendations: Staff recommends deferral to the May 13 City Council meeting as requested by the applicant. • Attachments: Location Map Recommended Action: Deferral to May 13 Submitting Department/Agency: Planning Department City Manage k_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORTHAMPTON EXECUTIVE CENTER, LLC (Applicant / Owner), Conditional Change of Zoning, B-2 Community Business to Conditional B- 2 Community Business and Conditional A-36 Apartment District. 1300 Diamond Springs Road (GPINs 1469211894 and 1469116333 [portion of]). BAYSIDE DISTRICT. MEETING DATE: April 8, 2014 • Background: The 8.51 -acre site, zoned B-2 Community Business, is located at the corner of Diamond Springs Road and Northampton Boulevard. The applicant proposes to subdivide the site into two parcels, one of which will be 5.95 acres. A Change of Zoning to Conditional A-36 Apartment District is requested for this new parcel in order to construct up to 180 apartment units. The resulting density will be 30 units per acre. The existing office building at the corner will remain; that 2.56 - acre parcel is proposed to be rezoned to Conditional B-2. ■ Considerations: The applicant has submitted correspondence to the Planning Department requesting an indefinite deferral of this application to provide the applicant an opportunity to meet with neighborhood groups in the area who have expressed concerns. • Recommendations: Staff recommends Indefinite Deferral of the application. • Attachments: Correspondence from Applicant Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department k - City Manag Stephen J. White From: Carolyn Smith Sent: Wednesday, April 02, 2014 11:32 AM To: Stephen J. White Subject: FW: Northampton Executive Center #11031 From: Robert Miller[mailto:robert.miller@msaonline.com] Sent: Wednesday, April 02, 2014 11:24 AM To: Carolyn Smith Cc: Page Johnson; Andrew Basham; Brooks Johnson Subject: Northampton Executive Center #11031 Carolyn, Please accept this as a formal request to defer the Northampton Executive Center rezoning. We will be meeting with civic groups. We want to be back on the Council agenda in July, if possible. Thanks, Bob Robert S. Miller, HI, PE, FNSPE Partner MSA, P.C. 5033 Rouse Drive Virginia Beach, VA 23462 Office: 757-490-9264 Cell: 757-572-3400 robert.miller@msaonline.com Veteran Owned Small Business Environmental Sciences • Planning • Surveying Civil & Environmental Engineering • Landscape Architecture i L. APPOINTMENTS GREEN RIBBON COMMITTEE EASTERN VIRGINIA MEDICAL SCHOOL HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************* ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 April 1st April 8`h April 15th April 22nd May 1st May 6`" May 13`" FY 2014-2015 RESOURCE MANAGEMENT SCHEDULE Budget Workshop/Briefings Budget Workshop/Briefings City Council Meeting Budget Workshop/Briefings Budget Workshop/Briefings PUBLIC HEARING City Council Meeting PUBLIC HEARING Reconciliation Workshop City Council Meeting Vote on Budget Conference Room Conference Room City Council Chamber Conference Room Conference Room City Council Chamber KEMPSVILLE HS Conference Room Council Chamber 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 CITY HOLIDAYS memorial Day - Monday, May 26 Independence Day - Friday, July 4 Labor Day - Monday, September 1 Veterans Day - Tuesday., Ni»,ember 11 Thanksgiving Day and Day after Thanksgiving — Thursday, 11/oyember 27 and Friday, November 28 ('hristnuts Eve (half -da)) - Wednesday, December 24 Christmas Day - Thursday, December 25 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 03/25/2014 AGENDA ITEM 4 SUBJECT PAGE: 1 MOTION VOTE D Y E R H E NOK L EENI YS J N A ENS M A R T MMS O S R 0 S S- H A M O NMI DS S E S O U HL R NND W 1 S 00 W 0 I. CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL STATEMENT Patricia Phillips — Finance IUIII/IVN/ VI -E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F. MINUTES INFORMAL and FORMAL SESSIONS — March 11, 2014 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A B S T A 1 N D G/II MAYOR'S PRESENTATIONS "EARTH HOUR" PROCLAMATION CHILD ABUSE PREVENTION MONTH CRIMINAL JUSTICE SERVICES Bessie Marie Renner, Executive Director, Prevent Child Abuse Hampton Roads Bill Dean, Deputy Chief Danette Smith, Director — Human Services Sharon Gray, Field Services Mgr. DCJS Chief James Cervera, Deputy Chief Zucaro, Capt. J. T. Orr, Sgt. William C. Zelms I PUBLIC HEARINGS: a. LEASE OF CITY -OWNED PROPERTY 14 Atlantic Avenue Cafe Franchises b. EXCESS CITY -OWNED PROPERTY 1889 Va Beach Blvd c. SSD Middle Plantation — Gill's Cove d. POLLING PLACE CHANGE Old Donation Precinct NO SPEAKERS NO SPEAKERS NO SPEAKERS NO SPEAKERS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS PRESENTATION FY2014-15 BUDGET James K. Spore, City Manager Catheryn Whitesell, Management Services K-1 Ordinances to AMEND the City Code: a. §6-5 re Animals on the Beach/adjacent areas ADOPTED 10-1 Y Y Y Y YNY Y R Y Y b. §10-1 re change of Polling location of Old Donation Precinct to Calvary Baptist Church, 4832 Haygood Road ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y 0 Y c. ADD §35.3-12 to CREATE/LEVY additional real estate taxes re Gills Cove Dredging SSD ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y S 1) CREATE Capital Project/TRANSFER $24,000 re engineering/design for Gills Cove SSD ADOPTED, BY CONSENT 11-0 DATE: 03/25/2014 PAGE: 2 Y Y Y Y Y Y Y Y S- Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of: DISTRICT 6 — BEACH a. Lake Rudee, Ronald G./Tarah D. Kiser b. 1889 Va Beach Blvd to Air Station General, LC for self -storage ADOPTED, BY CONSENT ADOPTED, BY CONSENT 11-0 11-0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 3 H S 10-0 Y Y AGENDA Y A B S T A I N E D Y Y Y H Y Y M Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. 18th St Boardwalk Cafe A E Y W Y ITEM # SUBJECT Y Y MOTION VOTE Y E J A ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT M S U I Y Y Y Y Y Y D NOK R MMS HE W Y L N A T 0 0 OR S 0 E E E NI S NMI 00 R Y S ENS DS NND J PRESENTATION FY2014-15 BUDGET James K. Spore, City Manager Catheryn Whitesell, Management Services K-1 Ordinances to AMEND the City Code: a. §6-5 re Animals on the Beach/adjacent areas ADOPTED 10-1 Y Y Y Y YNY Y Y Y Y b. §10-1 re change of Polling location of Old Donation Precinct to Calvary Baptist Church, 4832 Haygood Road ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y c. ADD §35.3-12 to CREATE/LEVY additional real estate taxes re Gills Cove Dredging SSD ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 1) CREATE Capital Project/TRANSFER $24,000 re engineering/design for Gills Cove SSD ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 2 Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of: DISTRICT 6 — BEACH a. Lake Rudee, Ronald G./Tarah D. Kiser b. 1889 Va Beach Blvd to Air Station General, LC for self -storage ADOPTED, BY CONSENT ADOPTED, BY CONSENT 11-0 11-0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 3 Ordinance to AMEND 19`" St Corridor Improvements re Arena ADOPTED, BY CONSENT 10-0 Y Y Y Y A B S T A I N E D Y Y Y Y Y Y 4 Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. 18th St Boardwalk Cafe ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y b. Baja Cantina ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS c. Fish Bones ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y d. II Giardino ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y R Y Y e. King of the Sea ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y 0 Y f. Laverne's ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 10-0 Y Y Y Y Y Y Y Y A B S T A I N E D Y S g. Manhattan ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 DATE: 03/25/2014 PAGE: 3 Y Y Y Y Y Y Y Y S- h. Scrambled ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y - Y Y Y Y Y Y Y H S B YCONS AGENDA ENS H U S M j. Beach Club A E Y W Y ITEM 4 SUBJECT Y Y MOTION VOTE Y E J A ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT M S U 1 Y Y Y Y Y Y D NOK 1. Tortugas Connector Park R MMS Y Y HL Y W Y Y Y Y Y Y L N A T 0 0 OR Y S 0 Y Y Y Y Y E EENI S NMI 0 0 R YS E NS DS NND c. Fish Bones ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y d. II Giardino ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y e. King of the Sea ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y f. Laverne's ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 10-0 Y Y Y Y Y Y Y Y A B S T A I N E D Y Y g. Manhattan ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y h. Scrambled ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y - Y Y Y Y Y Y Y i. Seaside REMOVED FROM AGENDA B YCONS ENS U S j. Beach Club ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y k. Tortugas Boardwalk ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. Tortugas Connector Park ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y m. Tropical Smoothie ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS n. Waterman's ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 5 Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for Herbert/ Pearl Crichton DISTRICT 7 — PRINCESS ANNE DEFERRED TO 4/8/14, BY CONSENT 11-0 Y Y Y Y Y Y Y Y R Y Y 6 Resolution re APPEAL re decision of Police Chief to deny a Secondhand Dealer Permit to Samantha Elizabeth O'Donald APPEAL GRANTED TO PERMIT 9-2 Y Y Y Y Y Y Y Y Y 0 N 7 Ordinance to ACCEPT/APPROPRIATE $25,209 from Va Criminal Justice Services Human Services ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y S J-1 ALICIA INMAN CUP re personal APPROVED/ CONDITIONED, BY CONSENT 11-0 DATE: 03/25/2014 PAGE: 4 Y Y Y Y Y Y Y Y S- 2 Re: HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. Text of the Plan re drive-throughs. b. CZO re Drugstores c. Drive-through Drugstore at Princess Anne/South Witchduck Roads d. Street Closures (: Singleton Way DEFERRED TO 4/22/14, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y H S APPOINTMENTS GREEN RIBBON COMMITTEE TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION RESCHEDULED AGENDA YCONS H M S A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D NOK R MMS HL W Y L N A T O O O R S 0 E EENI S NMI 00 R YS E NS DS NND n. Waterman's ADOPTED SUBSTITUTE ORDINANCE, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 5 Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for Herbert/ Pearl Crichton DISTRICT 7 — PRINCESS ANNE DEFERRED TO 4/8/14, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 6 Resolution re APPEAL re decision of Police Chief to deny a Secondhand Dealer Permit to Samantha Elizabeth O'Donald APPEAL GRANTED TO PERMIT 9-2 Y Y Y Y Y Y Y Y Y N N 7 Ordinance to ACCEPT/APPROPRIATE $25,209 from Va Criminal Justice Services Human Services ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y J-1 ALICIA INMAN CUP re personal APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y training/group exercise at 2173 Old Pungo Ferry Road DISTRICT 7 - PRINCESS ANNE 2 Re: HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. Text of the Plan re drive-throughs. b. CZO re Drugstores c. Drive-through Drugstore at Princess Anne/South Witchduck Roads d. Street Closures (: Singleton Way DEFERRED TO 4/22/14, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y L APPOINTMENTS GREEN RIBBON COMMITTEE TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION RESCHEDULED B YCONS ENS U S CITY OF VIRGINIA BEACH EASTERN VIRGINIA MEDICAL SCHOOL Reappointed 3 Yr. Term 7/1/14-6-30-17 David Arias 11-0 Y Y Y Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Appointed 2 Yr. Term 9/1/14-8/31/16 Jeni Selph, Student, Green Run High School Reappointed 3 -Yr. Term 4/1/14- 12/31/17 Rev. E. Ray Cox, Sr. L.W. Kiewer, Jr. James E. Parke 11-0 Y Y Y Y Y Y Y Y Y Y Y INVESTIGATIVE REVIEW PANEL Appointed Unexpired tru 8/31/15 Bobby Beasley, Alternate 11-0 Y Y Y Y Y Y Y Y Y R Y PROCESS IMPROVEMENT STEERING COMMITTEE Appointed - No Term Preston Midgett Tom Etter 11-0 Y Y Y Y Y Y Y Y Y Y 0 M/N ADJOURNMENT 6:58 PM S DATE: 03/25/2014 PAGE: 5 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D NOK R MMS HL W Y L N A T O O O R S 0 E EENI S NMI 00 R YS E NS DS NND EASTERN VIRGINIA MEDICAL SCHOOL Reappointed 3 Yr. Term 7/1/14-6-30-17 David Arias 11-0 Y Y Y Y Y Y Y Y Y Y Y HUMAN RIGHTS COMMISSION Appointed 2 Yr. Term 9/1/14-8/31/16 Jeni Selph, Student, Green Run High School Reappointed 3 -Yr. Term 4/1/14- 12/31/17 Rev. E. Ray Cox, Sr. L.W. Kiewer, Jr. James E. Parke 11-0 Y Y Y Y Y Y Y Y Y Y Y INVESTIGATIVE REVIEW PANEL Appointed Unexpired tru 8/31/15 Bobby Beasley, Alternate 11-0 Y Y Y Y Y Y Y Y Y Y Y PROCESS IMPROVEMENT STEERING COMMITTEE Appointed - No Term Preston Midgett Tom Etter 11-0 Y Y Y Y Y Y Y Y Y Y Y M/N ADJOURNMENT 6:58 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 03/25/2014 PAGE: 6 S- H S AGENDA H M A E W ITEM 4 SUBJECT MOTION VOTE E J A M S U I D N 0 K R MMS HL W Y L N A T 0 0 OR S 0 E E E NI S NMI 0 0 R Y S E NS DS NND FY 2014-2015 RESOURCE MANAGEMENT SCHEDULE April 1" Budget Workshop/Briefings Conference Room April 8th Budget Workshop/Briefings Conference Room City City Council Meeting Council Chamber April 15th Budget Workshop/Briefings Conference Room April 22nd Budget Workshop/Briefings Conference Room City PUBLIC HEARING Council Chamber City Council Meeting May 1s` May 6`h May 13`h PUBLIC HEARING KEMPSVILLE HS Reconciliation Workshop Conference Room City Council Meeting Vote on Budget Council Chamber 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 OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 03/25/2014 PAGE: 7 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N OK R MMS H L W Y L N A T 0 0 OR S 0 E E E NI S NMI 0 0 R Y S E NS DS N N D CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDAYS Memorial Day - Monday, Mar 26 Independence Day - friday, July 4 Labor Day - llonday„Veptember I 'eterans Day - Tuesday, :"Voventher 1/ Thanksgiving Day and Day (titer Thanksgiving -- Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25