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HomeMy WebLinkAboutNOVEMBER 18, 2014 AGENDACITY 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 1 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 C17'Y AUDITOR -- LYNDON S. REM/AS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 18 NOVEMBER 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL; Ctycncl@vbgov.com II. IV. V. MAYOR WILLIAM D. SESSOMS, JR. PRESIDING INFORMATIONAL SESSION A. APARTMENT DEVELOPMENT Jack Whitney, Director — Planning - Conference Room - CITY COUNCIL and SCHOOL BOARD JOINT SESSION — Building 19 - A. FIVE YEAR FORECAST Catheryn Whitesell, Director — Management Services Farrell Hanzaker, Chief Financial Officer - Schools CITY MANAGER'S BRIEFINGS - Conference Room - A. TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE Clay Bernick, Environment and Sustainability Administrator Wayne McCoy and June McDaniels, Co -Chairs — Green Ribbon Committee B. COLLIER BUILDING RENOVATION David L. Hansen — Deputy City Manager CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW VII. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 2:00 PM 3:00 PM 4:00 PM 4:45 PM VIII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Terron M. Rogers Pastor Ebenezer Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 21, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Proposed Exemptions from Local Property Tax a. Stop Cleft — International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia d. World Affairs Council of Greater Hampton Roads 2. Franchise of City Property Atlantic Avenue — Valet Station and Queuing Area 3. Excess City -Owned Property Pine Top Drive in Brunswick County, Virginia 4. Grant of Easement Over City -Owned Property Lake Gaston Pump Station, Brunswick County, Virginia I. ORDINANCES/RESOLUTIONS 1. Ordnances to DESIGNATE exemptions from local property taxation: a. Stop -Cleft - International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia, Inc. d. World Affairs Council of Greater Hampton Roads 2. Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia 3. Ordinances and Resolution to AUTHORIZE: a. Granting of an easement over City -owned property located in Brunswick County, Virginia to Virginia Electric and Power Company (VEPCO) b. City Manager to EXECUTE a Cost Sharing Agreement and related activities with the Army Corps of Engineers re a Study to ESTABLISH a framework for assessing the sediment and nutrient reduction, benefits from dredging c. Acquisition of 3.94 + acres at 1025 Eaglewood Drive from LMW Properties, LLC d. Acquisition of 0.85 + acre parcel at 3380 Head River Road e. City Manager to EXECUTE an Operating Agreement with Lynnhaven River Now re the Lynnhaven Aquaculture Center on Broad Bay Road 4. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. David L. and Helen M. Bernd re modifying and maintaining an existing wall, paver parking court and driveway, sewer clean-out and walkway at 8010 Ocean Front Avenue LYLNNHAVEN - DISTRICT 5 b. Chartway Federal Credit Union re constructing, operating and maintaining a lake fountain, stone dust path and gazebo at 5700 Cleveland Street and Interstate 264 KEMPSVILLE - DISTRICT 2 5. Ordinance to ESTABLISH Tidewater Medical Transport, LLC re an annual Emergency Medical Service (EMS) permit for private ambulance services 6. Ordinance to EXTEND the City's date for satisfying the conditions re closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue 7. Ordinances to ACCEPT and APPROPRIATE: a. $121,707 from the Veterans Administration Supportive Housing Program to the Department of Housing and Neighborhood Preservation re housing vouchers to Homeless Veterans b. $26,569 to Department of Housing and Neighborhood Preservation re the Federal Home Program regulations c. $1,000 donation from the Walmart Foundation to the Fire Department re purchasing supplies and equipment needed by the Community Emergency Response Team (CERT) Program 8. Ordinance to AUTHORIZE the TRANSFER of underlying fee interest of a portion of Northampton Boulevard to the City of Norfolk re weir maintenance J. PLANNING 1. Application of GALLEON INVESTORS XII, LLC for the enlargement of a Non -Conforming Use at 231 68th Street LYNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL 2. Applications of BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. at South Plaza Trail and Princess Anne Road: a. Modification of Proffers of the Conditional Zoning Agreement (approved March 27, 2012) b. Conditional Use Permit (self -storage facility) ROSE HALL - DISTRICT 3 RECOMMENDATION APPROVAL 3. Applications of EVERGREEN VIRGINIA, LLC (approved October 24, 2006) at 5301 Virginia Beach Boulevard: a. Modification of Proffers of the Conditional Zoning Agreement b. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) KEMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL 4. Application of ARACELI T. MARCIAL and BYLER ENTERPRISES for a Conditional Use Permit (Vocational School — Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard KEMPSVILLE. — DISTRICT 2 RECOMMENDATION APPROVAL 5. Application of KINGDOM INVESTING OUTREACH CENTER and A.V. ASSOCIATES, LLLP for a Conditional Use Permit (religious use) at 4525 East Honeygrove Road BAYSIDE — DISTRICT 4 RECOMMENDATION APPROVAL 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional PD -H2 Planned Unit Development District [R-10 Residential] re dwellings at 2800 to 2900 Princess Anne Road . (Deferred June 17, 2014) PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPROVAL 7. Application of THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC for a Conditional Change of Zoning from 0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay] re a Photography Studio at 2513 North Landing PRINCESS ANNE — DISTRICT 7 RECOMMENDATION APPROVAL 8. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 1127 re open space, public sites and recreation areas within the PD -H2 Planned Development District b. Section 2106(d)(1) re Modifications to Workforce Housing units RECOMMENDATION APPROVAL K. APPOINTMENTS BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30 — 8:00 PM MONDAY, NOVEMBER 24, 2014 CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM 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 11/18/14 gw 2014 CITY HOLIDAYS Thanksgiving Day and Day after Thanksgiving — Thnrsday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING INFORMATIONAL SESSION A. APARTMENT DEVELOPMENT Jack Whitney, Director — Planning - Conference Room - 2:00 PM II. CITY COUNCIL and SCHOOL BOARD JOINT SESSION — Building 19 - 3:00 PM A. FIVE YEAR FORECAST Catheryn Whitesell, Director — Management Services Farrell Hanzaker, Chief Financial Officer - Schools III. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE Clay Bernick, Environment and Sustainability Administrator Wayne McCoy and June McDaniels, Co -Chairs — Green Ribbon Committee B. COLLIER BUILDING RENOVATION David L. Hansen — Deputy City Manager IV. CITY COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW H. PUBLIC HEARINGS 1. Proposed Exemptions from Local Property Tax a. Stop Cleft — International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia d. World Affairs Council of Greater Hampton Roads 2. Franchise of City Property Atlantic Avenue — Valet Station and Queuing Area 3. Excess City -Owned Property Pine Top Drive in Brunswick County, Virginia 4. Grant of Easement Over City -Owned Property Lake Gaston Pump Station, Brunswick County, Virginia NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday, November 18, 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): Stop Cleft — International Alliance has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $10,362 and taxes assessed at $383; Transitions Community Development Corporation has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $0 and taxes assessed at $0; USA National Karate -Do Federation of Virginia, Inc., has a real property assessment of $332,200 and taxes assessed at $3,089 and tangible personal property assessment of $11,507 and taxes assessed at $426; and World Affairs Council of Greater Hampton Roads has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $732 and taxes assessed at $27. Copies of the proposed ordinances are 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 Nov. 9, 2014 24399937 PUBLIC HEARING FRANCHISE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 18, 2014, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed franchise of the following property: An 80 -foot portion along the north side of 21' Street, starting 20 feet west of Atlantic Avenue, to be used for a valet station and queuing area. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired, call TDD only 711. Any questions concerning this matter should be directed to the Strategic Growth Area - Resort Management Office, 2101 Parks Avenue, Suite 302, Virginia Beach, VA 23451, (757) 385-4800, Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 9, 2014 24406327 PUBLIC HEARING DECLARATION OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 18, 2014, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment to determine whether the following property should be declared excess of the City's needs and conveyed to the Commonwealth of Virginia, Department of Transportation: Easement interest in approximately 4,800 sq. ft. (0.11 acre) of Pine Top Drive in Brunswick County, Virginia. Any questions concerning this matter should be directed to the Dept. of Public Utilities, Bldg. #2, at the Virginia Beach Municipal Center, (757) 385-4171. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 7573854303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 9, 2014 24406370 PUBLIC HEARING GRANT OF EASEMENT OVER CITY PROPERTY TO VIRGINIA ELECTRIC AND POWER COMPANY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 18, 2014, at 6:00 P.M. in the Council Chamber, City Hall — Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the City's proposal to grant an easement to Virginia Electric and Power Company over the following City -owned property: Approximately 1,800 sq. ft. (0.041 acre) of real property abutting the Lake Gaston pump station site in Brunswick County, Virginia Any questions concerning this matter should be directed to the Dept. of Public Utilities, Bldg. #2, at the Virginia Beach Municipal Center, (757) 385-4171. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, cell 711 (Virginia Relay — Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 9, 2014 24406340 I. ORDINANCES/RESOLUTIONS 1. Ordnances to DESIGNATE exemptions from local property taxation: a. Stop -Cleft - International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia, Inc. d. World Affairs Council of Greater Hampton Roads 2. Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia 3. Ordinances and Resolution to AUTHORIZE: a. Granting of an easement over City -owned property located in Brunswick County, Virginia to Virginia Electric and Power Company (VEPCO) b. City Manager to EXECUTE a Cost Sharing Agreement and related activities with the Army Corps of Engineers re a Study to ESTABLISH a framework for assessing the sediment and nutrient reduction benefits from dredging c. Acquisition of 3.94 + acres at 1025 Eaglewood Drive from LMW Properties, LLC d. Acquisition of 0.85 + acre parcel at 3380 Head River Road e. City Manager to EXECUTE an Operating Agreement with Lynnhaven River Now re the Lynnhaven Aquaculture Center on Broad Bay Road 4. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. David L. and Helen M. Bernd re modifying and maintaining an existing wall, paver parking court and driveway, sewer clean-out and walkway at 8010 Ocean Front Avenue LYLNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL b. Chartway Federal Credit Union re constructing, operating and maintaining a lake fountain, stone dust path and gazebo at 5700 Cleveland Street and Interstate 264 KEMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL 5. Ordinance to ESTABLISH Tidewater Medical Transport, LLC re an annual Emergency Medical Service (EMS) permit for private ambulance services 6. Ordinance to EXTEND the City's date for satisfying the conditions re closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue 7. Ordinances to ACCEPT and APPROPRIATE: a. $121,707 from the Veterans Administration Supportive Housing Program to the Department of Housing and Neighborhood Preservation re housing vouchers to Homeless Veterans b. $26,569 to Department of Housing and Neighborhood Preservation re the Federal Home Program regulations c. $1,000 donation from the Walmart Foundation to the Fire Department re purchasing supplies and equipment needed by the Community Emergency Response Team (CERT) Program 8. Ordinance to AUTHORIZE the TRANSFER of underlying fee interest of a portion of Northampton Boulevard to the City of Norfolk re weir maintenance rte' 8'i1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances to Designate Stop -Cleft — International Alliance, Transitions Community Development Corporation, USA National Karate -Do Foundation of Virginia, Inc., and World Affairs Council of Greater Hampton Roads as Being Exempt from Local Property Taxation MEETING DATE: November 18, 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. 1I I 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 four applications for tax exemption by designation. 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 November 31, 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: Ordinances (4); Commissioner of Revenue Summary of the Application (4); Council Policy Recommended Action: Approval of Ordinance Submitting Department/Agency: Commissioner of the Revenue City Manager: 1 AN ORDINANCE TO DESIGNATE STOP CLEFT — 2 INTERNATIONAL ALLIANCE AS BEING EXEMPT FROM 3 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 Stop -Cleft - 8 International Alliance; 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 Stop - 14 Cleft - International Alliance as a charitable organization within the context of § 6(a)(6) of 15 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 Stop -Cleft - International Alliance 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on 19 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 Stop -Cleft - International Alliance for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Stop -Cleft - International Alliance 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, 2018, Stop -Cleft - 32 International Alliance 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 Stop -Cleft - International Alliance cooperate fully with the Commissioner 37 of the Revenue with respect to audit of its financial records, compliance with 38 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: missio r o' t e Revenue CA13089 R-1 October 29, 2014 2 APPROVED AS TO LEGAL OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Stop Cleft— International Alliance T/A Stop Cleft — International Alliance 4705 Columbus Street Suite 300 Virginia Beach, VA 23462 Website: n/a SUMMARY OF NONPROFIT BUSINESS ACTIVITY Stop Cleft -International Alliance separated from Operation Smile in July, 2013 and moved to Virginia Beach in September of that same year. They are a 501(c) 3 charitiable organization whose goal is to heal children suffering with cleft lips and/or cleft palates. Assistance includes pre -operative and post-operative care where the person and/or family lack the financial ability to pay. Their goal is to help every child born with a cleft lip or palate, no matter where they live in the world or what their financial status may be. TAX IMPACT Real Property Assessment: None Tax: None Business Property Assessment: $10,361.60 Tax: $383.38 Personal Property Assessment: None Tax: None RELEVANT INFORMATION • Operation Smile was granted exemption from personal and real property taxation on February 22, 2011 by city council. IRS Granted 501 (c) 3 status — April 1994, Reconfirmed under Stop Cleft -Alliance on 2/25/14 1 AN ORDINANCE TO DESIGNATE TRANSITIONS 2 COMMUNITY DEVELOPMENT CORPORATION AS 3 BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to Transitions 9 Community Development Corporation; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Transitions Community Development Corporation, as a charitable organization within the 16 context of § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code 17 of Virginia. 18 19 2. That real and personal property owned by Transitions Community Development 20 Corporation located within the City of Virginia Beach that is used exclusively for charitable 21 purposes on a nonprofit basis is hereby exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by Transitions Community Development 26 Corporation for exclusively charitable purposes; 27 28 (b) that each July 1, Transitions Community Development Corporation shall file 29 with the Commissioner of the Revenue a copy of its most recent federal 30 income tax return, or if no such return is required, it shall certify its continuing 31 tax exempt status to the Commissioner of the Revenue; 32 33 (c) that every three years, beginning on January 1, 2018, Transitions Community 34 Development Corporation shall file an exemption application with the 35 Commissioner of the Revenue as a requirement for retention of the exempt 36 status of the property; and 37 38 (d) that Transitions Community Development Corporation cooperate fully with 39 the Commissioner of the Revenue with respect to audit of its financial 40 records, compliance with the terms of this ordinance. 41 42 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: 4 ne of a evenue Com issio CA13090 R-1 October 29, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Transitions Community Development Corporation T/A Transition Homes for Hope 3419 Virginia Beach Blvd #B6 Virginia Beach, VA 23452 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Transition Homes for Hope is a 12-24 month program that aids men and women in their journey to become independent after a life of addiction, incarceration or other poor choices. The men and women live in a safe, nurturing environment that includes 12 -step recovery meetings, life coaching, mentoring and life skills classes. Their goal is to aid these citizens in getting their lives back on track—spiritually, emotionally and physically. The residents pay rent to stay at these transitional home, normally 30% of their income once employed. The corporation does not own any real estate nor do they have any business property. They currently have 3 transitional homes. They lease property from the City of Virginia Beach and make necessary renovation to accommodate their quest. TAX IMPACT Real Property Assessment: None Tax: None Business Property Assessment: None Tax: None Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — 9/18/09 1 AN ORDINANCE TO DESIGNATE USA NATIONAL 2 KARATE -DO FOUNDATION OF VIRGINIA, INC., AS 3 BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to USA National Karate - 9 Do Foundation of Virginia, Inc.; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates USA 15 National Karate -Do Foundation of Virginia, Inc., as a charitable organization within the 16 context of § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code 17 of Virginia. 18 19 2. That real and personal property owned by USA National Karate -Do Foundation 20 of Virginia, Inc. located within the City of Virginia Beach that is used exclusively for 21 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by USA National Karate -Do Foundation of 26 Virginia, Inc. for exclusively charitable purposes; 27 28 (b) that each July 1, USA National Karate -Do Foundation of Virginia, Inc. shall 29 file with the Commissioner of the Revenue a copy of its most recent federal 30 income tax return, or if no such return is required, it shall certify its continuing 31 tax exempt status to the Commissioner of the Revenue; 32 33 (c) that every three years, beginning on January 1, 2018, USA National Karate - 34 Do Foundation of Virginia, Inc. shall file an exemption application with the 35 Commissioner of the Revenue as a requirement for retention of the exempt 36 status of the property; and 37 38 (d) that USA National Karate -Do Foundation of Virginia, Inc. cooperate fully with 39 the Commissioner of the Revenue with respect to audit of its financial 40 records, compliance with the terms of this ordinance. 41 42 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: Commissioner of - R• venue CA13091 R-1 October 29, 2014 2 APPROVED AS TO LEGAL OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: USA National Karate -Do Federation of Virginia Inc T/A USA National Karate -Do Federation of Virginia Inc. Little Ninjas 600 N. Witchduck Road Suite 103 Virginia Beach, VA 23462 Website: n/a SUMMARY OF NONPROFIT BUSINESS ACTIVITY USA National Karate -Do Federation of Virginia Inc. teaches traditional martial arts to underprivileged children and adults at a reduced cost and will help those in need of financial assistance. They train individuals for participation in national, Olympic and other regional and local martial art events. The organization provides anti -bullying presentations at local schools and at their location in Virginia Beach. TAX IMPACT Real Property Assessment: $332,200.00 Tax: $3,089.46 Business Property Assessment: $1,432.00 Tax: $52.98 Personal Property Assessment: $10,075.00 Tax: $372.78 RELEVANT INFORMATION IRS Granted 501 (c) 3 status — 10/08/02 II I 1 AN ORDINANCE TO DESIGNATE WORLD AFFAIRS 2 COUNCIL OF GREATER HAMPTON ROADS AS BEING 3 EXEMPT FROM REAL AND PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to World Affairs Council 9 of Greater Hampton Roads; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates World 15 Affairs Council of Greater Hampton Roads as a charitable organization within the context of 16 § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 17 18 2. That real and personal property owned by World Affairs Council of Greater 19 Hampton Roads located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by World Affairs Council of Greater Hampton 25 Roads for exclusively charitable purposes; 26 27 (b) that each July 1, World Affairs Council of Greater Hampton Roads shall file 28 with the Commissioner of the Revenue a copy of its most recent federal 29 income tax return, or if no such return is required, it shall certify its continuing 30 tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on January 1, 2018, World Affairs Council 33 of Greater Hampton Roads shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d) that World Affairs Council of Greater Hampton Roads cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 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: CA13092 R-1 October 29, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: World Affairs Council of Greater Hampton Roads T/A World Affairs Council of Greater Hampton Roads 4501 N. Witchduck Road Suite G Virginia Beach, VA 23455 Website: www.hrwac.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY World Affairs Council of Greater Hampton Roads is a non-partisan educational organization that provides awareness of foreign policy and diplomacy in order to promote an understanding of global importance. They offer reasonably priced and discounted or free diplomacy and foreign policy events and programming for students and educators and engage students, colleges, and high schools engage in international topics to develop interests and involvement in world affairs. TAX IMPACT Real Property Assessment: None Tax: None Business Property Assessment: $732.00 Tax: $27.09 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — June 1969 reconfirmed on 12/13/04 City Council Policy Original Proposal Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 i. Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, Iocal nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit. organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioined upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax jTear during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from grantingtax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Forrn 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organizadon must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from Local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the. Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to forrn by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October I of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: ?ebniary 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PR DPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible persona.[ property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. I ITEM: An Ordinance Declaring a Portion of the Lake Gaston Pipeline Easement Crossing Pine Top Drive in Brunswick County, Virginia, in Excess of the City's Needs and Authorizing the City Manager to Convey Same to the Virginia Department of Transportation MEETING DATE: November 18, 2014 • Background: The City of Virginia Beach (the "City") owns and maintains the Lake Gaston Pipeline (the "Pipeline"), which provides water from Lake Gaston to the City. A portion of the Pipeline is located within a City -owned utility easement which crosses Pine Top Drive in Brunswick County (the "Easement"). The City also owns a pump station site (the "Pump Station") in Brunswick County. Pine Top Drive is privately owned and maintained by the Pine Top Drive Association (the "Association"), of which the City is a member. The members of the Association pay dues to fund the maintenance of Pine Top Drive, with the City's share being approximately $4,000.00 annually. The Virginia Department of Transportation ("VDOT") has offered to accept Pine Top Drive into the secondary system of state highways, and requires that easements within the future public right-of-way be unencumbered. Consequently, the Association and VDOT have requested that the City convey and quitclaim the Easement in Pine Top Drive to the Commonwealth of Virginia. • Considerations: If Pine Top Drive is accepted into Virginia's secondary system of state highways, VDOT would then maintain Pine Top Drive and the City would no longer be required to pay annual dues for road maintenance. The Pipeline will remain in its current location and the City will continue to have the right to construct, operate, maintain and repair the Pipeline within Pine Top Drive, pursuant to an existing In -Place Land Use Permit currently on file with VDOT. The City will also continue to have access to its Pump Station Site over Pine Top Drive. • Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Deny conveying the City's easement interest in Pine Top Drive to VDOT and continue to pay annual dues to the Association for road maintenance. I • Recommendation: Authorize the City Manager to execute a quitclaim deed to convey the City's easement interest in Pine Top Road to VDOT. • Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manage 1 AN ORDINANCE DECLARING A PORTION 2 OF THE LAKE GASTON PIPELINE 3 EASEMENT THAT CROSSES PINE TOP 4 DRIVE IN BRUNSWICK COUNTY, VIRGINIA 5 IN EXCESS OF THE CITY'S NEEDS AND 6 AUTHORIZING THE CITY MANAGER TO 7 CONVEY SAME TO THE VIRGINIA 8 DEPARTMENT OF TRANSPORTATION 9 10 WHEREAS, the City of Virginia Beach (the "City") owns and maintains the 11 Lake Gaston Pipeline (the "Pipeline"), which provides water from Lake Gaston to 12 the City; 13 14 WHEREAS, the Pipeline is located within a City -owned utility easement 15 (the "Easement"), which crosses Pine Top Drive in Brunswick County, Virginia; 16 17 WHEREAS, Pine Top Drive is privately owned and maintained by the Pine 18 Top Drive Association (the "Association"); 19 20 WHEREAS, the City is a member of the Association and pays annual 21 dues for maintenance of Pine Top Drive; 22 23 WHEREAS, the Virginia Department of Transportation ("VDOT") has 24 offered to accept Pine Top Drive into the state system of secondary highways 25 and be responsible for the maintenance thereof; 26 27 WHEREAS, prior to acceptance, VDOT requires that Pine Top Drive be 28 unencumbered and has requested that the City convey by quitclaim deed the 29 Easement to VDOT; and 30 31 WHEREAS, conveyance of the Easement to VDOT would not interfere 32 with the City's operation of the Pipeline. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 35 CITY OF VIRGINIA BEACH, VIRGINIA: 36 37 1. That the Easement is hereby declared to be in excess of the needs 38 of the City of Virginia Beach; 39 40 2. That the City Manager is hereby authorized to execute the 41 necessary documents to convey the Easement to VDOT, in accordance with the 42 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 43 such other terms, conditions or modification as may be acceptable to the City 44 Manager and in a form deemed satisfactory by the City Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on the 47 day of , 2014. I APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Luc(; -.63. C t -d444 -G o-i,t) City Attorney CA13186 0) Department of Public Utiliti \\vbgov. com\DFS 1 W ppl i cations\City LawProd\cycom32\W pdocs\D013\P007\00055817. DOC R-1 November 7, 2014 EXHIBIT A SUMMARY OF TERMS DISPOSITION OF EXCESS PROPERTY - PORTION OF LAKE GASTON PIPELINE EASEMENT CROSSING PINE TOP DRIVE IN BRUNSWICK COUNTY, VIRGINIA GRANTOR: City of Virginia Beach (the "City") GRANTEE: Commonwealth of Virginia, Department of Transportation ("VDOT") PROPERTY: 4800+/- square foot easement (approx. 0.11 acre) over a 60' x 80' portion of Pine Top Drive, and further described as that certain easement lying, situate and being in Brunswick County, Virginia, and designated and described as the easement of right-of-way between Pipeline Station 118+19.64 and 118+79.64, lying within the boundaries of Pine Top Drive, located in the Poweliton Magisterial District of Brunswick County, Virginia. CONDITIONS OF CONVEYANCE The City's pipeline facilities shall continue to occupy Pine Top Drive in the existing condition and location, pursuant to the existing In -Place Land Use Permit with VDOT. The City shall have the right to construct, operate, maintain and repair the pipeline facilities within Pine Top Drive, pursuant to the existing In -Place Land Use Permit with VDOT. • VDOT shall be responsible for maintenance of Pine Top Drive. • Property shall revert to the City if VDOT abandons Pine Top Drive. 0 VICINITY MAP )a dal aLi s C� O� c o � O (4) p w > Q) D_ O i • O C ay a) ' O C H C O Q O 0 o > O o coCo U O U C o ca o0 a) J — a) C .0 o E 0 a) a) a) .O N WO(/)it rte' t° ��d CLAY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Granting of an Easement over City -owned Property Located in Brunswick County, Virginia to Virginia Electric and Power Company MEETING DATE: November 18, 2014 • Background: The City of Virginia Beach (the "City") owns and maintains the Lake Gaston Pipeline (the "Pipeline"), which provides water to the City from Lake Gaston. As a part of the Pipeline, the City owns a pump station site in Brunswick County, Virginia (the "Property"). Virginia Electric and Power Company ("VEPCO") owns a power line that runs parallel to the Property. VEPCO has requested that the City grant an easement for a term of forty (40) years over an approximately 1,800 sq. ft. (0.041 acre) portion of the Property for the purposes of constructing, operating and maintaining underground and overhead electrical facilities (the "Easement") in connection with its existing power line. • Considerations: VEPCO's acquisition of the Easement would not interfere with or limit the City's use of the Pipeline or the Property, and would further VEPCO's goals of providing reliable electrical facilities to the citizens of Virginia. • Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Authorize the City Manager to execute the necessary documents with VEPCO to grant the Easement to VEPCO. • Attachments: Ordinance Plat Location Map Recommended Action: Approval Submitting Department/Agency: Public Utilities ft,( City ManageabN(?‘ 1 1 AN ORDINANCE AUTHORIZING THE GRANTING 2 OF AN EASEMENT OVER CITY -OWNED 3 PROPERTY LOCATED IN BRUNSWICK COUNTY, 4 VIRGINIA TO VIRGINIA ELECTRIC AND POWER 5 COMPANY 6 7 WHEREAS, the City of Virginia Beach (the "City") owns and maintains the 8 Lake Gaston Pipeline (the "Pipeline"), which provides water to the City from Lake 9 Gaston; 10 11 WHEREAS, as a part of the Pipeline, the City owns a pump station site in 12 Brunswick County, Virginia (the "Property"); 13 14 WHEREAS, Virginia Electric and Power Company ("VEPCO") has 15 requested the City grant VEPCO an easement for a term of forty (40) years over 16 a portion of the Property, for the purpose of constructing, operating and 17 maintaining underground and overhead electrical facilities (the "Easement"); and 18 19 WHEREAS, granting the Easement to VEPCO will not interfere with the 20 City's operation or maintenance of the Pipeline or the Property, and will further 21 VEPCO's goals of providing reliable electrical facilities to the citizens of Virginia. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute the necessary 27 documents to grant an easement to VEPCO over City -owned property in 28 Brunswick County, Virginia, as shown on the plat attached hereto as Exhibit A, 29 and made a part hereof, and such other terms, conditions or modifications as 30 may be acceptable to the City Manager and in a form deemed satisfactory by the 31 City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 34 day of , 2014. 35 36 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 37 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT S LmeAya.po 6'I 441.4 6/44/ /4 City Attorney Dept. Public Utilities CA13185 \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\DO 13\P007\00055817.DOC R-1 November 7, 2014 Legend `aka eo`- �0.G —230' N/F CHAMPION INTERNATIONAL CORP. OWNER: CITY OF VIRGINIA BEACH MAP 1Q_1_=/4 13 OWNER INITIALS: 9 ÷/-90' QD$ VG 20' sEDDiNGF1ELa WAY+ `1650' TO PINEfOP DRIVE FROM POLE N/F CHAMPION INTERNATIONAL CORP NOT TO SCALE --- Location of Boundary Lines of Right—of—Play 20' h Width. — — Indicates Property Line is Right—of—Way Boundary in Width. Page 5 of 5 Plat to Accompany Right—of--Way Agreement VIRGINIA ELECTRIC AND POWER COMPANY doing business as Dominion Virginia Power OH/UG District ROANOKE District—Township—Borough County—City State POWELLTON BRUNSWICK VA Office Plat Number ROANOKE RAPIDS 61-14-0053 Estimate Number Grid Number 7628010 L1502 Date: 10/1 6/ 14 8y: HUNS t/iAMILL EXHIBIT A R' ky Amount E moa ,a (toy obi ■ a) -=- E .' �� cn c cao LLJ Q N Q ca o > E 2 E.°0o. 0 0 n — • o C o U0 c o J • m•C0 a EY 0 co o 0) C .0 ErO .) 0 .(c 0) a 0 0 0 U N C 2 co W W C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize the City Manager to Execute a Cost Sharing Agreement and Related Activities with the Army Corps of Engineers for a Study to Establish a Framework for Assessing the Sediment and Nutrient Reduction Benefits from Dredging MEETING DATE: November 18, 2014 • Background: The City of Virginia Beach is under a state and federal requirement to meet Total Maximum Daily Load (TMDL) requirements for the Chesapeake Bay. The City is also in the process of establishing or planning for neighborhood dredging projects. If there could be established a framework to assess the sediment and nutrient reduction benefits of dredging, then the City could potentially use these reductions to assist it in meeting its TMDL requirements. The United States Corps of Engineers ("USACE") has agreed to work with the City to conduct a study to develop this framework. The City is required to contribute fifty (50) percent of the funding needed for the study related to the nutrient and sediment reduction benefits. The City's share for this effort is currently estimated at $25,000, which is available in CIP #7-414. The USACE, Norfolk District, has provided a draft of the agreement for the "Framework for Assessing the Sediment and Nutrient Reduction Benefits from Dredging in the City of Virginia Beach" and attached certificates as to authority and lobbying to facilitate review by USACE. • Considerations: Public Works staff is of the belief that the study to establish a framework for assessing the sediment and nutrient reduction benefits from dredging is worth the required effort. Partnering with the USACE, bringing their expertise and federal cost sharing to the study provides a leveraged approach. • Public Information: Normal Council Agenda process. • Alternatives: The primary alternative is 'no action.' • Recommendations: Approve the draft Agreement and authorize the execution of the related certificates. • Attachments: Resolution; Exhibit A: Framework for Assessing the Sediment and Nutrient Reduction Benefits from Dredging in the City of Virginia Beach including attached certificates of authority and lobbying Recommended Action: Approval Submitting Department/Agency: Publics Works City Manage����� 1 A RESOLUTION TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A COST SHARING 3 AGREEMENT AND RELATED ACTIVITIES WITH 4 THE ARMY CORPS OF ENGINEERS FOR A 5 STUDY TO ESTABLISH A FRAMEWORK FOR 6 ASSESSING THE SEDIMENT AND NUTRIENT 7 REDUCTION BENEFITS FROM DREDGING 8 9 WHEREAS, the City of Virginia Beach has several neighborhood dredging 10 projects underway and more in the planning phases in the City; and 11 12 WHEREAS, the City of Virginia Beach must develop plans to comply with the 13 Chesapeake Bay Total Maximum Load (TMDL) regulations to remove phosphorus, 14 nitrogen and sediments from the waterways; and 15 16 WHEREAS, because of this requirement, the City wishes to partner with the U. 17 S. Army Corps of Engineers (USACE) to establish a framework to assess the sediment 18 and nutrient reduction benefits from dredging to potentially meet the TMDL 19 requirements; and 20 21 WHEREAS, the City would be required to contribute 50% of the funding required 22 for the study, which is currently estimated to be $25,000; and 23 24 WHEREAS, the City Council finds it serves the public interest to partner with the 25 USACE in funding a study to establish a framework for assessing the sediment and 26 nutrient reduction benefits from dredging; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Manager, or his designee, is hereby authorized and directed to execute 32 a Cost Sharing Agreement with the Department of the Army for a study to establish a 33 framework for assessing the sediment nutrient reduction benefits from dredging, 34 attached hereto as Exhibit A, and the City Manager and City Attorney, or designee, is 35 hereby authorized to execute the required certificates regarding authority and lobbying. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TQONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P .Iic Works CA13145 / R-1 / October 16, 2014 City Attorney COST-SHARING AGREEMENT FOR PLANNING ASSISTANCE BETWEEN THE U.S. ARMY CORPS OF ENGINEERS, NORFOLK DISTRICT AND THE CITY OF VIRGINIA BEACH FOR FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING IN THE CITY OF VIRGINIA BEACH, VA THIS AGREEMENT, entered into this day of , 2014, by and between the United States of America (hereinafter called the "Government"), represented by the U.S. Army Corps of Engineers, Norfolk District Commander executing this Agreement, and the City of Virginia Beach (hereinafter called the "Sponsor"). WITNESSETH, THAT WHEREAS, the Congress has authorized the U.S. Army Corps of Engineers in Section 22 of the Water Resources Development Act of 1974 (Public Law 93-251) as amended to assist the States in the preparation of comprehensive plans for the development, utilization and conservation of water and related land resources; and whereas, Section 319 of the Water Resources Development Act of 1990 (Public Law 101-640) authorized the Government to collect from non -Federal entities fees for the purpose of recovering fifty (50) percent of the cost of the program; and, WHEREAS, the Sponsor has reviewed the State's comprehensive water plans and identified the need for planning assistance (hereinafter called "the study") as described in the Scope of Study (Appendix A) and Cost Estimate (Appendix B) incorporated into this Agreement; and, WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in the Study cost-sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the parties agree as follows: 1. The Government, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete the study, currently estimated to be completed by 31 December 2014, substantially in compliance with the Scope of Study attached as Appendix A and in conformity with applicable Federal laws and regulations and mutually acceptable standards of engineering practice. 2. The Government and the Sponsor shall contribute in cash, fifty (50) percent and fifty (50) percent, respectively, for conduct of the Study, the total cost of which is currently estimated to be $50,000, as specified in the cost estimate attached as Appendix B. The Sponsor agrees to provide a check or an electronic wire transfer for its share of the study effort, made payable to FAO, USAED, Norfolk District, or its assigns, prior to any work being performed under this Agreement. 3. The Sponsor shall provide access to all property of the Sponsor necessary for the execution of this Agreement without cost or further obligation of the Government. 4. No Federal funds may be used to meet the local Sponsor's share of the Study costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the Granting agency. 5. Before any Party to the Agreement may bring suit in any court concerning any issue relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or another form of non-binding alternate dispute resolution mutually acceptable to the Parties. 6. In the event that any one or more of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 7. This Agreement shall become effective upon the signature of both Parties. For the Sponsor: For the Government: By: By: JAMES K. SPORE City Manager PAUL B. OLSEN Colonel, U. S. Army Commanding Title: City Manager Title: District Commander City of Virginia Beach Norfolk District Date: Date: APPENDIX A SCOPE OF STUDY FOR FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING IN THE CITY OF VIRGINIA BEACH, VA I. Purpose/Scope: The purpose/scope of this study is to develop a framework for how to assess the sediment and nutrient movement from dredging of tributaries, specifically considering current TMDL requirements for these tributaries. This framework will be designed specifically for addressing this question in the City of Virginia Beach, for their current dredging projects. This framework can be applied in future study efforts through the Planning Assistance to States (PAS) program or independently by the City of Virginia Beach. II. Background Previous Related Studies In previous work through the Planning Assistance to States, Section 22 Program, the City of Virginia Beach and the U.S. Army Corps of Engineers (USACE), Norfolk District, have completed efforts to study the effectiveness of oysters to remove phosphorous and nitrogen through sequestration in tissue and shell materials. The goal was to develop information for use in defining the effectiveness of oysters as a means for meeting the Chesapeake Bay Total Maximum Daily Load (TMDL). With a similar goal, the City of Virginia Beach and the U.S. Army Corps of Engineers (USACE) completed a study effort to analyze the TMDL benefits of harvesting wetland plants, mainly invasive Phragmites, for nutrient reductions. USACE Norfolk District is currently conducting a General Investigation study for the City of Virginia Beach, the Lynnhaven River Basin Ecosystem Restoration Study. This study strives to evaluate ecosystem restoration within the Lynnhaven River Basin and develop a plan for ecosystem restoration for the present and future conditions for a 50 -year period. The Lynnhaven watershed covers a majority of the City of Virginia Beach, and the study effort considers measures of essential fish habitat restoration, submerged aquatic vegetation (SAV) restoration, reintroduction of Bay Scallop, and wetlands restoration. Additionally, USACE Norfolk District has worked with the City of Virginia Beach through the Section 704b program for oyster restoration within the Lynnhaven Watershed. These efforts have lead to restoration of 58 acres through construction and planting seed from 2007 to 2009. The most recent study conducted for the City of Virginia Beach, under the Planning Assistance to States Program, includes an evaluation of aquatic habitat restoration that could be implemented with the City's Neighborhood Dredging Program. Chesapeake Bay and Local TMDL Requirements The City must develop plans to comply with pollutant removal targets stemming from the Chesapeake Bay TMDL regulation and Executive Order 13508. Under the Chesapeake Bay TMDL, municipalities must reduce discharges of nitrogen, phosphorous, and sediment in their stormwater. Localities must select a number of Best Management Practices (BMPs) to meet the reduction targets. Existing Studies to Assess Dredging Benefits for Sediment and Nutrient Reductions Studies have been performed in other systems investigating the potential for sediment removal to improve water quality. In San Juan, Puerto Rico, dredging Cano Martin Pena was identified as a means of improving water quality via a reduction in sediment loading and increased flushing (Bunch et. al 2000). Chicago District is currently conducting a restoration study on the South Branch of the Chicago River, aka, Bubbly Creek, that involves removal of high organic matter sediment beds whose nutrient fluxes and gas releases degrade the overlying water column (Schroeder personal communication 2014). Both Cano Martin Pena and Bubbly Creek are examples of waterways which at one time were recipients of waste loadings which over time accumulated as sediments and now negatively impact overlying water's quality. Florida is currently undertaking dredging of portions of Indian River Lagoon to remove "muck" deposits whose releases disproportionately degrade water quality throughout the system (SJRWMD 2014, Sigua and Tweedale 2003). III. Tasks: 1) Conduct a limited literature review for information regarding nutrient movement by dredging. 2) Coordinate with USACE Engineering Research and Development Center (ERDC) for input into the best methods to model dredging benefits for nutrient reduction and what field data is required to verify this type of modeling. The main objective is to determine how to collect field data to show the removal or TMDL reduction benefit, if any, of sediments and nutrients from dredging. Factors that will be considered include: existing water column water quality, dredging material sediment physical properties and nutrient levels, sediment conditions at desired dredging depth, and tributary water quality nutrient and solids loadings. 3) Develop a framework, in a written report format, to compile findings and suggest the field sampling needed to assess the dredging benefits for nutrient reductions and review the models available to provide for a representation of the physical processes for movement of nutrients during dredging and disposal if this field data is collected. The framework will present alternatives for field data collection given different funding levels, and discuss the pros and cons of each alternative. This framework will be designed specifically for the City of Virginia Beach's dredging program. 4) The final report will be reviewed internally by the USACE project team and by the City of Virginia Beach. All comments will be addressed before the report is considered final. IV. Deliverables: 1) The final report will be a framework for how to use field data collection and modeling to assess the nutrient reduction benefits associated with dredging, with alternatives for different funding levels for such research, and how to apply this framework to the City of Virginia Beach. 2) Up to five report copies and five CDs will be provided to the City of Virginia Beach upon conclusion of the study. References 1. Bunch, B. W., Cerco, C. F., Dortch, M. S., Johnson, B. H., and Kim, K. W. (2000). "Hydrodynamic and Water Quality Model Study of San Juan Bay Estuary," ERDC TR - 00 -1, U.S. Army Engineer Research and Development Center, Vicksburg, MS. 2. Schroeder, P. S. (2012) personal communication. 3. Sigua, G.C., and W. A. Tweedale. (2003) "Watershed scale assessment of nitrogen and phosphorus loadings in the Indian River Lagoon basin, Florida," Journal of Environmental Management (67), pp 363-372. 4. SJRWMD press release accessed 8/11/2014, "Board approved starting first phase of Indian River Lagoon dredging project," http://webapub.sjrwmd.com/agws 10/news_ release/ViewNews.aspx?nrd=nrl4-071 APPENDIX B COST ESTIMATE FOR FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING IN THE CITY OF VIRGINIA BEACH, VA This project will be cost shared 50% Federal funds and 50% non -Federal funds. The Federal government costs will be $25,000 for the study and the non -Federal sponsor will provide $25,000 to USACE for a total project cost of $50,000. The breakdown of costs to complete this study is as follows: Tasks (Reference Section III) Cost Task 1 $10,000 Task 2 $20,000 Task 3 $15,000 Task 4 $5,000 Total Project Cost $50,000 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the City of Virginia Beach, that the City of Virginia Beach is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Virginia Beach in connection with the study for the Framework for Assessing the Sediment and Nutrient Reduction Benefits from Dredging in the City of Virginia Beach, VA, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement, as required by Section 22 of the Flood Control Act of 1970, Public Law 91-611 as amended (42 U.S.C. 1962d -5b) and that the persons who have executed this Agreement on behalf of the City of Virginia Beach have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 2014. MARK D. STILES City Attorney City of Virginia Beach CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. JAMES K. SPORE City Manager City of Virginia Beach DATE: sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 3.94+/- acres of property located at 1025 Eaglewood Drive (GPIN 2415-58-7078) from LMW Properties, LLC MEETING DATE: November 18, 2014 • Background: LMW Properties, LLC ("LMW") owns approximately 3.94+/- acres of land located at 1025 Eaglewood Drive (the "Property") next to the intersection of Oceana Boulevard and General Booth Boulevard. The City owns an adjacent tract of 4.4 acres. LMW has attempted to sell the Property for several years, and recently had the parcel under contract with an automobile dealership. LMW attempted to rezone the Property, but that rezoning was denied. LMW asked the City to purchase the Property due to the difficulty in finding an appropriate use for the site. • Considerations: City staff and LMW have reached an agreement, subject to Council approval, on the purchase price for the Property. The agreed purchase price is $800,000 and the acquisition can be funded from CIP 3-368 ($331,217.50) and 3-139 ($468,782.50) (Various Site Acquisitions). • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the request to acquire the Property. • Recommendations: Approve the request subject to the terms and conditions of the Summary of Terms. • Attachments: Ordinance, Summary of Terms and location map. Recommended Action: Approval Submitting Department/Agency: Public Works '9AD<pie City Manage (� 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 3.94+/- ACRES OF 3 PROPERTY LOCATED AT 1025 EAGLEWOOD 4 DRIVE (GPIN 2415-58-7078) FROM LMW 5 PROPERTIES, LLC 6 7 WHEREAS, LMW Properties, LLC ("LMW") owns 171,648 square feet (3.94+/- 8 acres) of property located at 1025 Eaglewood Drive in the City of Virginia Beach, Virginia 9 (the "Property"), as further described on Exhibit A, attached hereto and incorporated 10 herein; 11 12 WHEREAS, LMW desires to convey the Property to the City of Virginia Beach (the 13 "City") for $800,000; 14 15 WHEREAS, funding for the acquisition is available in the Various Site Acquisitions, 16 CIP 3-368 and CIP 3-139; and 17 18 WHEREAS, LMW has agreed to convey the Property to the City in accordance with 19 the Summary of Terms attached hereto as Exhibit B, and incorporated herein. 20 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 1. That the City Council authorizes the acquisition of the Property by purchase 25 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 26 generally identified as 1025 Eaglewood Drive and further described on Exhibit A. 27 28 2. That the City Manager or his designee is further authorized to execute all 29 documents that may be necessary or appropriate in connection with the purchase of the 30 Property, so long as such documents are substantially in accordance with the Summary of 31 Terms attached hereto as Exhibit B and made a part hereof and containing such other 32 terms and conditions deemed necessary and sufficient by the City Manager and in a form 33 deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2014. CA13109 R-1 PREPARED: 10/29/14 APPROVED AS TO CONTENT armEa- C. BLIC WORKS, REAL ESTATE AP mOVED AS TO LEGAL • SU, ICIENCY AND FORM AiA ATiORNEY EXHIBIT "A" Legal Description of 1025 Eaglewood Drive All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPERTY OF LMW PROPERTIES, LLC INST. NO. 200302070019061 M.B. 8, PG. 48 GPIN: 2415-58-7078," and further designated and described as "PROPERTY TO BE ACQUIRED 171,648 Sq. Ft. OR 3.9405 Ac.," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM LMW PROPERTIES, LLC BY CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 60', dated October 8, 2014, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, to which reference is made for a more particular description. TOGETHER WITH all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "B" SUMMARY OF TERMS OWNER: LMW Properties, LLC BUYER: City of Virginia Beach, VA PROPERTY: 1025 Eaglewood Drive (GPIN: 2415-58-7078) CONSIDERATION: $800,000 SOURCE OF FUNDS: Various Site Acquisitions (CIP 3-368) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 60 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. ITEM: An Ordinance to Authorize the Acquisition of a 0.85± acre Parcel of Property Known as 3380 Head River Road MEETING DATE: November 18, 2014 • Background: Walter and Janice Harold (the "Harolds") are the owners of a 0.85± acre parcel of property, located at 3380 Head River Road (GPIN 1389-43-5679) (the "Property"). The Property is adjacent to a City -owned park known as the Blackwater Neighborhood Park (the "Park"). Parks and Recreation ("P&R") recently completed a renovation of the Park that included removal of an existing basketball court in order to accommodate an expansion of baseball fields lost as a result of the renovations performed at the Blackwater Fire Station. The Park is the primary public recreational area serving the western rural section of the City. During design and public outreach for the renovation of the Park, it became clear that the community highly values the basketball court at this location and uses it often. P&R would use the Property to rebuild the basketball court and further expand Park amenities for the benefit of the public. • Considerations: The Harolds have agreed to a purchase price of $190,000 for the Property. There is an existing single-family home built in 1946 on the Property that will be demolished upon acquisition. • Public Information: Public Information will be provided through the normal process of advertising for Council's agenda • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Parks and Recreatio k-‘ "2 - City Manager: 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF A 0.85± ACRE PARCEL OF 3 PROPERTY KNOWN AS 3380 HEAD RIVER 4 ROAD 5 6 WHEREAS, Walter R. Harold, Sr. and Janice S. Harold (the "Harolds") own a 0.85± 7 acre parcel of property located at 3380 Head River Road in the City of Virginia Beach, 8 Virginia (GPIN: 1389-43-5679) (the "Property"); 9 10 WHEREAS, the Harolds desire to sell the Property to the City of Virginia Beach (the 11 "City"), and the City desires to purchase the Property; 12 13 WHEREAS, funding for the purchase is available in Open Space Acquisitions, CIP 14 4-308.005; and 15 16 WHEREAS, the Harolds have agreed to convey the Property to the City for the 17 purchase price of $190,000, in accordance with the Summary of Terms attached hereto as 18 Exhibit A, and incorporated herein. 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 1. That the City Council authorizes the acquisition of the Property by purchase 24 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 25 generally identified as 3380 Head River Road, Virginia Beach, Virginia, GPIN: 1389-43- 26 5679. 27 28 2. That the City Manager or his designee is authorized to execute all documents 29 necessary in connection with the purchase of the Property, so long as such documents are 30 in accordance with the Summary of Terms attached hereto as Exhibit A and made a part 31 hereof, and such other terms, conditions and modifications as may be acceptable to the 32 City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 35 of , 2014. CA 13130 R-1 PREPARED: 11/4/14 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM LIC WORKS, REAL ESTATE CITY ATTORNEY EXHIBIT A SUMMARY OF TERMS SELLER: Walter R. Harold, Sr. and Janice S. Harold BUYER: City of Virginia Beach PROPERTY: 0.85± acre parcel located at 3380 Head River Road (GPIN: 1389-43-5679) PURCHASE PRICE: $190,000 SOURCE OF FUNDS: Open Space Acquisition, CIP 4-308.005 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon satisfaction of all contingencies stated in the Agreement of Sale. • Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay his/her own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. ITEM: An Ordinance authorizing the City Manager to execute an Operating Agreement between the City and Lynnhaven River Now to operate the Lynnhaven Aquaculture Center. MEETING DATE: November 18, 2014 • Background: A major part of the City of Virginia Beach's plan to restore the Lynnhaven River is to bring back the once -substantial population of oysters and associated reefs in the river and its tributaries. Historically, healthy oyster reefs provided both food and habitat for native species and performed critical filtering to the river waters, until overharvesting and disease decimated the original oyster populations. Locally produced oysters have proven to be more resistant to disease. Increased water clarity, achieved through healthy oyster populations, promotes the growth of submerged aquatic vegetation, which performs essential nutrient uptake in these waters, necessary for a healthy river. The City plans to construct the Lynnhaven Aquaculture Center (the "Center") on land the City owns on Broad Bay Road, beneath the Great Neck Road Bridge, which crosses Long Creek. The Center will use water pulled from the creek to encourage native larval shellfish (spat) to grow on oyster shells and castle blocks for transplantation into the Lynnhaven River, its tributaries, and other tidal waters of Virginia Beach. The City wishes to engage the services of Lynnhaven River NOW ("LRNow"), a non - stock, not for profit, Virginia corporation, to operate the Center. LRNow's mission is to improve water quality in the Lynnhaven River and its tributaries. One method LRNow has used successfully is protection and propagation of oyster habitat. The City and LRNow, subject to Council approval, have agreed to the terms of an operating agreement set forth in a Summary of Terms attached to the Ordinance. ■ Considerations: The first two projects that will use oysters grown at the Center are an alternative substrate sanctuary reef in the Eastern Branch of the Lynnhaven River and a shoreline restoration project using seeded oyster castle blocks in Little Neck Creek at the new Laskin Road traffic circle, which are areas that do not have a healthy oyster populations. The Eastern Branch reef is being funded through a National Fish and Wildlife Foundation grant obtained by LRNow, and the Laskin Road project is a collaborative effort between LRNow and the City's Public Works Department. The promotion of oyster stock, both for harvesting and in sanctuary reefs, will help the City meet the requirements of the City's Stormwater permit. The City's ability to provide oyster stock will also be beneficial in partnering with the Army Corps of Engineers to build more oyster reefs. Seeded oyster shells and castle blocks also can be sold to private oystermen and individuals for seeding private reefs, the proceeds of which will applied to offset costs of operating the Center. LRNow has been declared a sole source of the services needed to operate the Center by the City's Purchasing Agent. The construction and operating funding will be paid out of CIP 7-183 (Storm Water Quality Enhancements), until funding is no longer available, and then will be paid out of CIP 7-414 (Storm Water Quality Enhancements Phase II). • Public Information: Advertisement of City Council Agenda. A public hearing regarding the conditional rezoning of the land upon which the Center will be constructed was held on October 21, 2014, following a hearing before the Planning Commission on October 8, 2014. A public briefing was presented to Council by LRNow's Executive Director, Karen Forget, on September 16, 2014. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms (Exhibit A to Ordinance), Center Concept Plan, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Engineering City Manage �� LOCATION MAP AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 4 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN OPERATING 3 AGREEMENT BETWEEN THE CITY AND 4 LYNNHAVEN RIVER NOW TO OPERATE THE 5 LYNNHAVEN AQUACULTURE CENTER 6 7 WHEREAS, the City of Virginia Beach ("City") plans to construct the Lynnhaven s Aquaculture Center (the "Center") on land it owns on Broad Bay Road, beneath the 9 Great Neck Road bridge that crosses Long Creek; 10 11 WHEREAS, the purpose of the Center is to conduct activities to propagate larval 12 shellfish for transplantation into the Lynnhaven River, its tributaries, and other tidal 13 waters of Virginia Beach, for the purpose of improving the water quality of those bodies 14 of water; 15 16 WHEREAS, the City wishes to engage the services of Lynnhaven River NOW, a 17 non -stock, not for profit, Virginia corporation dedicated to restoring lost oyster habitats, 18 to operate the Center; 19 20 WHEREAS, Lynnhaven River NOW has been declared a sole source of the 21 services needed to operate the Center by the City's Procurement Officer; 22 23 WHEREAS, the City and Lynnhaven River NOW have agreed to the terms of an 24 agreement, which are set forth in a Summary of Terms, attached hereto as Exhibit A 25 and made a part hereof; and 26 27 WHEREAS, the City Council believes it is in the best interests of the citizens of 28 City of Virginia Beach that the City should enter into the operating agreement with 29 Lynnhaven River NOW to operate the Center. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager, or his designee, is hereby authorized to execute an 35 operating agreement for the Lynnhaven Aquaculture Center to be constructed by the 36 City, provided the terms of the agreement are in substantial conformity with the 37 Summary of Terms attached hereto as Exhibit A, and such other terms, conditions and 38 modifications as may be acceptable to the City Manager and in a form deemed 39 satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 42 , 2014. CA12983 R-1 November 7, 2014 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d002\p018\O0158954.doc 1 APPROVED AS TO CONTENT: u • c Works/Engineering APPROVED AS TO SUFFICIENCY OF FUNDS APPROVED AS TO LEGAL SUFFICIENCY AND FORM: CityAtto ney 1 11 FACILITY: EXHIBIT A SUMMARY OF TERMS: OPERATING AGREEMENT FOR LYNNHAVEN AQUACULTURE CENTER Lynnhaven Aquaculture Center (the "Center") to be constructed beneath the Great Neck Road Bridge on Broad Bay Road and adjacent to Long Creek. The purpose of the Center is encourage larval shellfish to grow on oyster shells, castle blocks and other materials for transplantation into Virginia Beach tidal waters. OWNER: The City of Virginia Beach (the "City") OPERATOR: Lynnhaven River Now ("LRNow") PURPOSE: LRNow will operate and manage the Center on behalf of the City. TERM: Initial term of 5 years, at the end of which the agreement will automatically renew each subsequent year unless terminated by either party. CONSTRUCTION OF CENTER: City will construct the Center at its expense, not to exceed $400,000, in substantial conformity with Concept Plan attached as Exhibit 1 to this Summary of Terms and made a part hereof. Construction will be in two phases: Phase 1 — On or before April 1, 2015, City will construct perimeter fencing and two above -ground tanks together with all necessary equipment and utility connections to make them operational; and City will provide landscaping plants to be installed by LRNow in accordance with conditional zoning proffers. Phase 2 — On or before April 1, 2016, City will have completed construction of the Center substantially as shown on Exhibit 1, unfurnished and ready for installation by LRNow of all furnishings and fixtures. OWNERSHIP: City will retain ownership of the Center and all furniture, fixtures, inventory, and equipment SCOPE OF MANAGEMENT SERVICES: LRNow shall be the sole operator of the Center. The Center will be operational between April 1 through October 31 each year. During the other 7 months of the year, LRNow will monitor the Center weekly and will address any security and/or maintenance issues. The Center may sell larval shellfish grown on shells, blocks and other materials to commercial shellfish farmers and others. All proceeds from such sales shall be applied to reduce costs of operating the Center. FUNDING: City will pay to LRNow operating funding in the following increments: a) $40,000 upon full execution of the Operating Agreement; b) $60,000 on or about April 1, 2016; and c) Ongoing funding of $50,000 per year, to be paid on April 1st of each year beginning 2017. NON - APPROPRIATION: The City shall be bound only to the extent that funds are appropriated and budgeted for the purpose of this Agreement. If funds are not budgeted for payments due in a future fiscal year, City shall notify LRNow, and the Agreement shall terminate at the end of the current fiscal year without penalty. INSURANCE: LRNow will maintain commercial liability insurance with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate, as well as insuring the Center's property and equipment. MAINTENANCE & REPAIRS: LRNow shall maintain the interior and exterior of the Center and all equipment and facilities. COMPLIANCE: LRNow shall operate the Center in a manner that is in compliance with all laws, including all terms of its conditional zoning, and in a manner that does not create a nuisance to the neighboring property owners, including taking measures to minimize noise and odors. TERMINATION: Either party may terminate the Agreement at any time upon giving sixty (60) days' advance written notice to the other party. EXHIBIT 1 TO SUMMARY OF TERMS CONCEPTUAL PLANTING PLAN (Proffer 1) CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 5 10 0 0 (NAC.) 6' PIER 1V/4 - 8' x 20' FLUPSYS MINIMIZE DISTURBANCE BELOW TOP OF BANK YARD HYD. MEG-4 12' OK TANKS. TYP. (N.I.C.) 12' X 44' BOAT RAMP & 4' PIER • 10' VEGETATIVE BUFFER (NJ.C.) 16' X 6' TANK. TYP. OF 4 (NAG) 16' X 6' ;7;1;gut UPVJF,L R. TYP. OF 2 (NJ.C.) SHED. PALLETS (N.I.C.) SHELL WASHER PERVIOUS GRAVEL 3/4' Cu W (NA.C.) 3-10 X 10' STORAGE BAYS (RIC.) SHELL CONVEYOR YARD HYD. SHELL HANDUNG AREA (CONCRETE PAD) 15' VEGETATIVE BUFFER NEW 6' FENC 20 3/e CU W 15' VEGETATIVE BUFFER Ra 20 X 15' OFFlCE F.F.-6.9 5 IMJO11CAP SPACE. VAN ACCESSIBLE WITH SIGN 3-9'x18' PARKING SPACES 5' CONC. WALK 10' WIDE PERVIOUS GRAVEL ROAD NEW FENCE ON PROPERTY UNE NEW GATE 15' VEGETATIVE BUFFER r CONCRETE TO R/W A.11211, Iv �'tFy-JlcJle 2ISA I` p-KAV L� aow ply 60 J TAP W/ CORP. STOP r X 4' PVC WYE CONNECT TO EXIST.._.. inyp sr ROC PRELIMINARY SITE PLAN (Based on Conceptual Planting Plan) CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 6 Legend CNy Properties 2419-69-3049 LOCATION MAP ENCROACHMENT REQUEST FOR A RETAINING WALL, CONCRETE STEPS AND DRIVEWAY FOR DAVID L. & HELEN M. BERND GPIN 2419-69-3049 8010 OCEAN FRONT AVENUE Feet 0 50 100 200 epercd by PWJEgJErg Support Services Bureau 09'15%2014 ectstARC Files,AGENOA MAPStOcean Frmt Ave'2/19-69-3049"2x19-99-7049 m•.c Lw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of existing City rights-of-way known as 81st Street and Ocean Front Avenue, located adjacent to 8010 Ocean Front Avenue MEETING DATE: November 18, 2014 • Background: David L. and Helen M. Bernd (the "Bernds") have requested permission to encroach into two City rights-of-way: 81st Street and Ocean Front Avenue. The Bernds' property address is 8010 Ocean Front Avenue, and the encroachments will be adjacent to this address. The encroachments include modifying and maintaining an existing concrete wall; reconstructing and maintaining a paver parking court and driveway; to install and maintaining a sewer clean out or "SCO"; constructing and maintaining a walkway with arbor cover into 81st Street; and constructing and maintaining a paver walkway and walkway cover into Ocean Front Avenue. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Public Works Waterfront has reviewed and finds no sand dune disturbance will result should this item be approved. • 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 r- City Manager. 14--\ I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF EXISTING CITY 6 RIGHTS-OF-WAY KNOWN AS 81ST 7 STREET AND OCEAN FRONT AVENUE 8 LOCATED ADJACENT TO 8010 OCEAN 9 FRONT AVENUE 10 11 WHEREAS, David L. Bernd and Helen M. Bernd (the "Bernds") desire to 12 modify and maintain an existing concrete wall; reconstruct and maintain a paver parking 13 court and driveway; to install and maintain a sewer clean out or "SCO"; construct and 14 maintain a walkway with arbor cover into 81st Street; and to construct and maintain a paver 15 walkway and walkway cover into Ocean Front Avenue, which will be adjacent to 8010 16 Ocean Front Avenue. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 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, David L. and Helen M. Bernd, 27 their heirs, assigns and successors in title are authorized to modify and maintain an 28 existing concrete wall; reconstruct and maintain a paver parking court and driveway; to 29 install and maintain a sewer clean out or "SCO"; construct and maintain a walkway with 30 arbor cover into 81st Street; and to construct and maintain a paver walkway and walkway 31 cover into Ocean Front Avenue, in the City's right-of-way as shown on the map entitled: 32 "EXHIBIT 'A' ENCROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D 33 (M.B.1, PG.8B) VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as 34 Exhibit A, and on file in the Department of Public Works and to which reference is made for 35 a more particular description; 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are 38 expressly subject to those terms, conditions and criteria contained in the Agreement 39 between the City of Virginia Beach and the Bernds (the "Agreement"), an unexecuted copy 40 of which has been presented to the Council in its agenda, and will be recorded among the 41 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Bernds and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2014. CA13106 R-1 PREPARED: 11/7/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d009\p019\00159962.doc APPROVED AS TO CONTENTS Din PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 2 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 26th day of September, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. BERND and HELEN M. BERND, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT -1, BLOCK 15, CAPE HENRY SECTION D (MB1, PG 8b) VIRGINIA BEACH, VIRGINIA"; as shown on that certain plat entitled: "PLAN OF LOTS SITUATE IN PRINCESS ANNE CO., VA. LAID OUT BY CAPE HENRY SYNDICATE", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 79, and being further designated, known, and described as 8010 Ocean Front Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to modify and maintain an existing concrete wall; reconstruct and maintain a paver parking court and driveway; to install and maintain a sewer clean out or "SCO"; construct and maintain a walkway with arbor cover into 81st Street; and to construct and maintain a paver walkway and walkway cover into Ocean Front Avenue, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 2419-69-3049 GPIN; (8010 OCEAN FRONT AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 81st Street and Ocean Front Avenue the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' (2 Sheets) ENCROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B.1, PG.8B) VIRGINIA BEACH, VIRGINIA", 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 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 3 • I It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, David L. Bernd and Helen M. Bernd, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STATE OF VA. CITYICOUNfiY OF By David L. Bernd, Owner By k , to -wit: Helen M. Bernd, Owner ((�� The foregoing instrument was acknowledged before me this 20h day of Jtp&mber , 2014, by David L. and Helen M. Bernd. Notary Registration Number: 2/4-6 2-$ My Commission Expires: Notaw\P1`y GfyQ •.•601E%1Iljy..np 05oa2c. Or /i,,/ NoiAR"t 0`\N ///3o/20/4- APPROVED //30120/¢ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM IC NATURE .b robEK , &N. DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 DANA EVER, A • E CITY ATTORNEY MER/OGIA/ SOURCE (M, B. 1, PG Bb) EX LINE OF SECOND FLOOR WOOD DECK EX BLOCK WAL 0 OCEAN FRONT A VE (UNIMPROVED) (150' R/W) S 0715'00" EpIN FOUND w/ CAP E 10" NE EX SU ROOM' 'ifi `•,0' 10.2''5• 4.5' 4.1 #8010 EX 2 -STY FR RESIDENCE EX CONC N STOOP EX SCO -13.6 EX CONCRETE STOOP & STEPS EX 48" WOOD w LX BLOCK WALL 1 QUPAR) X EX WOOD DECK EX WATER SERVICE LINE & EX WM TO BE ABANDONED BY CITY FORCES IN ACCORDANCE TO SECTION 4.9 OF THE CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES DESIG STANDARDS MANUAL AT THE DEVELOPERS EXPENS EX SIGN. 'BEACH ACCESS' 24.0' EX HVAC UNIT EX CONCRETE COLUMN(TYP) fr.---PAVER STONES o DECK D 0 0 o- 0_ o' PED ODEX CONC AT. WALK WALL 1.9' OVER R \--EX 4"SS(PVC) EX SIGN 'DOG WASTE' EX SSMH RIM=9.25 INV=4.55 EX IO' lOGNOLL4 EX 10' DECIDUO ° EX 10' CECNR co Lri0 EX CON STOOP & STEPS EX 6- H01.1.7 LOT -1 Z500 SQ. FT. OR 0.172 ACRES GP/N.• 2419-69-3049 EX SIGN i USHES OVERGROWN NO PARKING WITH TREESEX OVERF [AD UTILITY LINES /1 TREE REMOVAL X�// DENOTES EX TREES /\ TO BE REMOVED EX PP w/GUY WIRES e EX 22" X. G DECIDUOUS'. n a EX SCO X Q� EX ';' WM Jao #P1 N 071 5'o EX 2' EX 21"DECIDUOUS ECIDUOUS BLOCK 15 LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 11❑ O,O ❑ PAVERS EX 3 -STORY FRAME RESIDENCE MAILBOX JPO FC) e Q\` 50 w1- Ew uJ w viN Who � w w z CL uiLT) Liz Er CSN za w m J 50.00' W LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' N: 2419-69-2054 SHEET 1 OF 1 Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG TRAIL STE 8 MRGMA BEAM, VA 23452 SHEET 1 OF 2 (EXISTING SURVEY) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D N.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 1 fb/pg: 987/78-79 & 975/73 proj. no.: 214-0146 file: 214-0146_ench exhibit.dwg I plat ref.: C-135 CAD/chk: WJW/eag RIC LIC. *POSED PAVE PARKING COUR EX 48" WOOD w, WIRE FENCE PROPOSED SCO X EX WOOD DECK CITY FORCES WILL INSTALL A 7" TYPE "K" COPPER PIPING TO MAIN WITH NEW 5/8" METER AT THE DEVELOPER'S EXPENSE; THE DEVELOPER WILL INSTALL 1 '(PVC) WATERLINE SERVICE LINE TO UNIT AT THE DEVELOPER'S EXPENSE EX SIGN 'DOG WASTE PROPOSED 1 "EX SSMH CORP STOP RIM=9.25 INV=4.55 PROPOSED CITY OF VIRGINIA BEACH PAVER DRIVEWAY APRON (PW DETAIL C-16) 0 MER/DGgN SOURCE (M. B. PG ) SED WALKWAY RBOR COVER 11.6' OCEAN FRONT A VE (UNIMPROVED) (150' R/W) PROPOSED PAVER WALKWAY S 0715'00- SPIN FOUND w/ CAP 50.00' - RENOVATE EX 1st & 2nd FLOOR PROPOSED 3rd FLOOR LIVING AREA EX 12 PINE O • O 0 EX 12' OAX PROPOSED 3 -STORY BUILDING ADDITION I PROPOSED 2 -STORY BUILDING ADDITION EX 12' HOLLY 0 miEra EX 6' HOLLY LOT -1 Z500 SQ. FT OR 0.172 ACRES IN GP/N.• 2419-69-3049 EX OVER - O UTILITY LI ES MAILBOX [T _ 1/ BLOCK 15 LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 0 O0 .o 0 U EX SCO EX Q\ JPO N 0715'OD " W EX 2" EX 21. DECIDUOUS ECIDUOUS LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' IN: 2419-69-2054 SHEET 1 OF 1 2 50.00' Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG TRAIL SIE 8 NRGNIA BEACH, VA 23452 SHEET 2 OF 2 (IMPROVEMENT PLAN) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 fb/pg: 987/78-79 & 975/73 proj. no.: 214-0146 file: 214-0146_ench exhibit.dwg ' plat ref.: C-135 CAD/chk: WJW/eag EX CONCRETE STOOP & STEPS EX 48" WOOD w LX BLOCK WALL V'19 X EX WOOD DECK EX WATER SERV/CE LINE & EX WM TO BE ABANDONED BY CITY FORCES IN ACCORDANCE TO SECTION 4.9 OF THE CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES DES/G STANDARDS MANUAL AT THE DEVELOPER'S EXPENS EX SIGN 'BEACH ACCESS' • EX SIGN 'DOG WASTE' EX SSMH RIM=9.25 INV=4.55 'i; MER/D/AN SOURCE M. B. p ) z I EX UNE OF SECOND FLOOR WOOD DECK I EX BLOCK - WAL OCEAN FRONT A VE (UNIMPROVED) (150' R/W) S 0715'00" EPIN FOUND w/ CAP S� ,0' 10.2' S `• 44.5' 4.1 #8010 EX 2 -STY FR RESIDENCE EX CONC a' STOOP EX SCO 6ff 413.6' °1.9' 'EX BRICK WALL `EX WM TREE REMOVAL X�// DENOTES EX TREES /\ TO BE REMOVED 11444. EX 10' 0 YACNOLLA EX 10' DECIDUO ° PED EX CON EX CONC STOOP & EX 12 PINE 0 EX 12' HOLLY 0 WALK STEPS EX 6. WALL 1.9' OVER R. .// 11 EX PP �r w/GUY ��� WIRES EX SCO II c) I „ EX Q� `;' WM EX 4"SS(PVC) EX 10' CEDAR co Lri0 LOT -1 HOLLY 7,500 SQ. FT OR 0.172 ACRES GP/N.• 2419-69-3049 EX SIGN BUSHES OVERGROWN NO PARKING 1 WITH TREES EX OVER UTILITY LI ES // D EX HVAC UNIT EX CONCRETE COLUMN(TYP) Q,,,,_ -PAVER STONES a DECK 13 O o r 0 BLOCK 15 LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 11❑ p'o PAVE O O Ex 22" X. C •DECIDUOUS° n 50.�s' EX 3 -STORY FRAME RESIDENCE 0 w 1- — 3 L.,1 Eil who () LJ LJ• ▪ C7 0 S N MAILBOX - 1.21i NEXI07' 15'0 21.DECIDUOUS CIDUOUS EX 2' W LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' N: 2419-69-2054 SHEET 1 OF 1 1-`- 1 50.00' Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG TRAIL STE 8 NRGNIA BEACH, VA 23452 SHEET 1 OF 2 (EXISTING SURVEY) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 I fb/pg: 987/78-79 & 975/73 file: 214-0146_ench exhibit.dwg , plat ref.: C-135 proj. no.: 214-0146 CAD/chk: WJW/eag SED WALKWAY RBOR COVER 0 11 6 P,1?OPOSED PAVE PARKING' COUR EX 48" WOOD wit WIRE FENCE PROPOSED SCO X EX WOOD DECK W OCEAN FRONT A VE (UNIMPROVED) (150' R/W) PROPOSED PAVER WALKWAY S 0715'00- EPIN FOUND w/ CAP 50.00' RENOVATE EX 1st & 2nd FLOOR PROPOSED Jrd FLOOR LIVING AREA CITY FORCES WILL INSTALL A 1" TYPE K" COPPER PIPING' TO MAIN WITH NEW 5/8" METER AT THE DEVEL OPER S EXPENSE; THE DEVELOPER WILL INSTALL 1 '(PVC) WATERLINE SERV/CE LINE TO UNIT AT THE DEVELOPER'S EXPENSE EX SIGN 'DOG WASTE PROPOSED 1 -EX SSM H CORP STOP RIM925 INV= 4.55 PROPOSED CITY OF VIRGINIA BEACH PAVER DRIVEWAY APRON (PW DETAIL C-16) Cr PROPOSED J -STORY BUILD/NG ADDITION PROPOSED 2 -STORY BUILDING ADDITION a a 0 K o 0 X 12 HOLLY EX 6' HOLLY BLOCK 15 LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 11D a .a a IX 10' 0 YAGNOLLA EX 10' DECIDUOU ° LOT -1 Z500 SQ. FT OR 0.172 ACRES N GPIN: 2419-69-3049 EX OVERWAD O UTILITY LINES MAILBOX // MER/D/AN SOURCE (M.B. / 6b) EX SCO in cn EX u' WM "N 0715'0 'W EX 2" EX 21. DECIDUOUS ECIDUOUS LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' IN: 2419-69-2054 SHEET 1 OF 1 50.00' Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG TRAIL STE 8 NRGNIA BEACH, VA 23452 SHEET 2 OF 2 (IMPROVEMENT PLAN) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 I fb/pg: 987/78-79 & 975/73 proj. no.: 214-0146 file: 214-0146_ench exhibit.dwg , plat ref.: C-135 CAD/chk: WJW/eag 0 1— 1— cn w EaW L1.1 L1J a cc cc ▪ LI -I cn cc —I 2 <0 zzrtz O w w < a El u_ O 0 w 0< -1 0 cc re o I ce 0 LL 4d) a) u_ o 0 0 0 0 E (7) CD •ct- (c) co ti) q) 0 co O z uj 0 0 0 0 0 0 Ida 1:1DHIM01 a) 0 City Properties s Bureau 08/20/2014 epared by P.W./Eng./Eng. Support Se +S.t >. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of a Lake and Adjoining Land Owned by the City of Virginia Beach Located Adjacent to 5700 Cleveland Street and Interstate 264 for Chartway Federal Credit Union. MEETING DATE: November 18, 2014 • Background: Chartway Federal Credit Union ("Chartway") has requested permission to encroach into a portion of a lake and adjoining land owned by the City located adjacent to 5700 Cleveland Street and Interstate 264, known as GPINs: 1467- 45-1727, 1467-45-5721 and 1467-45-8650 (the "Lake Property"), as shown on the plat attached to the Ordinance as Exhibit A. The purpose of the encroachment is to allow Chartway to construct, operate and maintain a lake fountain and stone dust path, and to maintain an existing gazebo on the Lake Property. • Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the encroachment subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Summary of Terms, Location Map, Agreement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager. ) pA,0 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENT INTO A 3 PORTION OF A LAKE AND ADJOINING 4 LAND OWNED BY THE CITY OF VIRGINIA 5 BEACH LOCATED ADJACENT TO 5700 6 CLEVELAND STREET AND INTERSTATE 7 264 FOR CHARTWAY FEDERAL CREDIT 8 UNION 9 10 WHEREAS, Chartway Federal Credit Union desires to construct, operate and 11 maintain a lake fountain and mulch path, and to maintain an existing gazebo (the 12 "Encroachments") in and around a lake owned by the City of Virginia Beach (GPINs: 13 1467-45-1727, 1467-45-5721 and 1467-45-8650), located adjacent to 5700 Cleveland 14 Street and Interstate 264 (the "Lake Property"). 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon City 18 property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Chartway Federal Credit 25 Union, its assigns and successors in title are authorized to construct, operate and 26 maintain a temporary encroachment for a lake fountain, stone dust path, and to 27 maintain an existing gazebo, into a portion of City -owned property designated as 28 "LAKE PROPERTY OF CITY OF VIRGINIA BEACH" as shown on the exhibit plat 29 entitled "EXHIBIT B ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL — C 30 AS SHOWN ON SUBDIVISION OF THE KOGER CENTER", a copy of which is 31 attached hereto as Exhibit A, and is on file in the Department of Public Works, to which 32 reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the agreement between the 36 City of Virginia Beach and Chartway (the "Agreement"), a summary of terms is attached 37 hereto as Exhibit B; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Chartway and the City Manager or his authorized designee execute the 4 4 Agreement. 4 5 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: aii11 N— C � Jack PU IC WORKS / REAL ESTATE ►� CA12976 CITY ATTORNEY \\vbgov.com\DFS 1 Applications\CityLawProd\cycom32\W pdocs\D007\P019\00159470.doc R-1 November 6, 2014 PARCEL 'C' /(D.B. 2608, PG. 679) GPIN: 1467-36-1361 VARIABLE WIDTH PERMANENT / / PUBLIC UTILITY EASEMENT /9,L0/0\0/ PARCEL 'AB' (M.B. 205, PG. 38) GPIN: 1467-46-3886 It PROPOSED ��LAKE LAKE FOUNTAIN PROPOSED STONE DUST PATH 7 CLEVELAND ST (66' R/W) (D.B. 2608, PG. 679-680) • PROPERTY OF , - CITY OF VIRGINIA BEACH (D.B. 1323, PG. 179) (S.H.P.B. 4, PG. 91) 10' PERMANENT PUBLIC UTILITY EASEMENT (M.B. 213, PG. 1) 20' PERMANENT PUBLIC UTILITY EASEMENT /VARIABLE WIDTH PERMANENT ' PUBLIC UTILITY EASEMENT 5' DRAINAGE EASEMENT (M.B. 213, PG. 1) TOY AVE (50' R/w) (M.B. 34, PG. 11 30"RAW WATER MAIN IN HSrATE ( FR/ yERt8LE y RoorE 264 WIDTH R/W) PROP GREENWICH ROAD FLYOVER / DESCRIPTION RECORDATION GPIN 1 LOT -123 M.B. 34, P. 5 1467-.3.C73676 2 LOT -124 M.B. 34, P. 5 1467-36-4529 3 LOT -125 M.B. 34, P. 5 1467-36-5612 4 LOT -126 M.B. 34, P. 5 1467-36-5575 5 LOT -23 M.B. 98, P. 43 1467-36-6554 6 LOT -22 M.B. 98, P. 43 1467-36-7439 7 LOT -21 M.B. 98, P. 43 1467-36-8503 8 LOT -1 M.B. 34, P. 11 1467-46-7149 9 LOT -16 & LOT -17 M.B. 34, P. 11 1467-46-9118 10 LOT -15 M.B. 29, P. 65 1467-56-0049 11 PARCEL Al M.B. 257, P. 91 1467-56-7211 12 ADD/T/ONAL PROPERTY IN. 20130315000307440 1467-55-3559 1467-55-4743 13 LOT -2A IN. 20130315000307440 1467-55-2459 LEVELAND SF (60' R/W) (M.B. 116, PG. 42) (IN. 20130315000307440) 300 150 0 300 600 900 Feet 1--1 I i GRAPHIC SCALE: 1" = 300' Landscape Architecture Lend Surveying Civil Engineering w e.com 757.431.1041 2 MI&N 1W& SE 8 W8» 8F/131, N 23452 JN: 213-0259 SHEET 1 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: 1 300' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 PROPOSED PANEL LOCATION daa .z1 x3 iu PARCEL 'C' (D.B. 2608, PG. 679) GPIN: 1467-36-1361 oW Efg UN y _ (2)INSULATED WATERPROOF OUNTAIN CABLES 75Of EDGE OF WATER EXISTING GAZEBO TOP OF BANK LAKE PROPOSED LAKE FOUNTAIN PROPERTY OF I`'s Wa CITY OF VIRGINIA BEACH a Landscape Architecture Land Surveying Civil Engineering wpIsite.com 757.431.1041 242 AMC 101. SIE 8 MC* BEACH, M 23452 JN: 213-0259 (D.B. 1323, PG. 179) (S.H.P.B. 4, PG. 91) 25 O 50 GRAPHIC SCALE 100 Feet SHEET 2 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: i•= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 7 LAKE PROPERTY OF CITY OF VIRGINIA BEACH (D.B. 1323, P. 179) (S.H.P.B. 4, P. 91) Z we www W 6j g J U EDGE OF WATER TOP OF BANK APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH 72" CLF 72" CLF ENCROACHMENT AGREEMENT (D.B. 2972, PG. 1706) INTER ARRMFRLLYT OuE 264 ABL f Wl0TH R/W) 50 25 0 ANTER STA T (VARABEECY ROurt 464 wort./R/w) APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH 50 100 Feet GRAPHIC SCALE Landscape Architecture Lond Suryeying Civil Engineering 1 I NGmLS E8 I W757.3N120412 JN: 213-0259 SCALE: SHEET 3 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1- 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH 0 "' PLYWOOD I CONCRETE FLUME 72" CLF hl WI v7 PROP GREENWICH ROAD FLYOVER C I APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH `I Z ---\ 4•0 .)1 mCI X I N 72" CLF 0 Q6 ,NT (FORitt�rq rF rVgRlggtF Y Rpt f 26'4 x WIpTN j4 1 r oRFAslq (�gR�eeFYRo�F2e4 / , wioill 12 (.1 25 0 r& IZ Iz 50 100 Feet I 1 GRAPHIC SCALE Landscape Architecture Land Surveying Civil Engineering w te.com SIE8VNGIMWMtN757.431.1041 1 181SN8 11ML234.52 JN: 213-0259 4 SHEET 4 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: > •= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 I 1 1 PROP GREENWICH ROAD FLYOVER GPIN: 1467-55-3559 GPIN: 1467-55-4743 (M.B. 234, PG. 43) VARIABLE WIDTH PERMANENT PUBLIC UTILITY EASEMENT APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH 50 25 n6.inu 0 50 5' DRAINAGE I-- EASEMENT (M.B. 213, PG. 1) —30"RAW WATER MAIN CONCRETE FLUME (N)(M NO 2030310Ps 003 4 0440) 2) 100 Feet GRAPHIC SCALE kV Landscape Architecture Land Surveying g 2Cw ie.MEnmS I E 8 4 8 16787O1. 120344511 JN: 213-0259 SHEET 5 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE; > •= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 NOTE 1. NO ROOT PRUNING DURING PATH CONSTRUCTION. 2. 3'-5' FROM EDGE OF PATH SHALL BE CLEARED UP TO 8' IN HEIGHT OF TREE LIMBS. 3. TRAIL PATH SHALL NOT BE PREPARED WITH SUBCRADE COMPACTION TO PROTECT TREE ROOT ZONES. REMOVE OR TREAT EXISTING VEGETATION IN TRAIL PATH AS REQUIRED STONE DUST PATH I I SHT 5 SCALE. NTS 5 NTS EXISTING FENCE 2" COMPACTED STONE DUST 4" COMPACTED RECYCLED CRUSHED CONCRETE (MEET VDOT 21—A GRADATION) 6' 10' MIN Landscape Architecture Land Surveying Civil Engineering w e.com 757.431.1041 2 MISDIG ROIL SE BUM EOM M 23452 JN: 213-0259 SCALE: SHEET 6 OF 6 EXHIBIT A. - ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA i•= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 EXHIBIT B Summary of Terms Grantor: City of Virginia Beach ("City") Grantee: Chartway Federal Credit Union ("Chartway") Property: Lake and adjoining land, known as GPINs: 1467-45-1727, 1467-45- 5721 and 1467-45-8650, located adjacent to 5700 Cleveland Street and Interstate 264 Encroachment: Construct, operate and maintain a lake fountain, a stone dust path (approx. 6 ft. wide and 1,710 ft. long), and maintain an existing gazebo on the Property (the "Encroachments") Terms and Conditions: • Chartway shall remove the Encroachment within thirty (30) days after notice is given by the City. • City may remove the Encroachment immediately in the event of an emergency or public necessity. • Chartway shall bear all costs and expenses of removal of the Encroachment. • Chartway shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses, and expenses for any action arising out of the construction, location, or existence of the Encroachment. • Chartway shall maintain $500,000 liability insurance with the City as a named insured. • The Encroachments will not interfere with VDOT's ability to maintain Interstate 264. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Approve Establishment of Tidewater Medical Transport, LLC in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: November 18, 2014 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. • Considerations: Tidewater Medical Transport, LLC's application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Tidewater Medical Transport, LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit shall be effective immediately and until June 30, 2015. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager , L. . bV 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 TIDEWATER MEDICAL TRANSPORT, LLC IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non -emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Tidewater Medical Transport, LLC; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Tidewater Medical Transport, LLC for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2015. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2014. APPROVED AS TO CONTENT: m'rgency Medical Services CA13155 R-1 October 30, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing Lake Avenue, Oak Street, and Portions of Locust Crescent and Ellis Avenue MEETING DATE: November 18, 2014 • Background: On October 10, 2012, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue. On November 27, 2012, by Ordinance ORD -3262M (the "Street Closure Ordinance"), City Council approved the Applicant's request subject to the following conditions being met by November 26, 2013: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in these street closures, however, because the City is both the owner of the underlying fee and the Applicant. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide the City of Norfolk with the access easements reserved in the deed from the City of Norfolk to the City of Virginia Beach. 4. The Applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. City of Virginia Beach (Lake Lawson and Lake Smith Natural Area) Page 2 of 2 On October 2, 2013, the Applicant requested additional time to meet the conditions set forth in the Street Closure Ordinance. The Applicant currently is awaiting approval from the National Park Services to transfer a recreational easement restriction from City - owned property located on Lynnhaven Parkway to the Lake Lawson and Lake Smith Natural Area. A legal description was submitted as a part of the extensive application process. Condition 2 of the subject street closure requires recordation of a resubdivision plat incorporating the closed areas into the adjacent parcels. The resubdivision would cause the legal description submitted to the National Park Services to be inaccurate. The Applicant is still awaiting approvals from the National Park Services. Therefore, on October 14, 2014, the Applicant requested an additional three (3) year extension of time to meet the conditions set forth in the Street Closure Ordinance. Staff has concluded that the request for the additional three (3) year extension is reasonable. • Recommendations: Allow an extension of 36 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Departmen V- 1 C'ihL City Manager: 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE 4 AVENUE, OAK STREET, AND PORTIONS 5 OF LOCUST CRESCENT AND ELLIS 6 AVENUE 7 8 WHEREAS, on November 27, 2012, City Council acted upon the 9 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 10 Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A 11 attached hereto; 12 13 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 14 (ORD -3262M) to close the aforesaid rights-of-way, subject to certain conditions being 15 met on or before November 26, 2013; 16 17 WHEREAS, on October 2, 2013, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action, and on November 19 12, 2013, City Council adopted an Ordinance (ORD -3308B) approving the extension of 20 time to meet certain conditions to on or before November 26, 2014; and 21 22 WHEREAS, on October 14, 2014, the Applicant requested an additional 23 three (3) years to satisfy the conditions of the aforesaid street closure actions. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 26 Virginia Beach, Virginia: 27 28 That the date for meeting conditions of closure as stated in the Ordinance 29 adopted on November 27, 2012 (ORD -3262M), upon application of the City of Virginia 30 Beach, is extended to November 26, 2017. 31 32 33 day of , 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this APPROVED AS TO LEGAL SUFFICIENCY: ua 0 wht-ll,ow City Attorne CA12984 APPROVED AS TO CONTENT: vbgov.com\DFS 1 Wppl ications\CityLawProd\cycom32\W pdocs\D030\P016\00094442. DOC R-1 November 6, 2014 1 FOR LOT OWNER INFORMATION FOR ! PARCELS IDENTIFIED .AS lam' THROUGH (til ''1) 1,1 1 1 N/F SEE SHEET _ OF 2. CITY OF CITY 06 NORFOLK VIRGINIA BEE.ACH "LAKE SMITH" I LOCUST CRESCENT (VAR. R /'AJ) PARCEL A GPIN 1469-52-7175 (D.B. 2397, PC. 126) (FCR',1ERL. ELM ST. -M.8.3, °C.11-40' RiW) 538120111'1fi' 1 1 I S51'36'06"E -- 9.Bi' 317.21' TIE TO Y.I. 115.58' J� L2 �E , p < ;”: O cal a L �(N 0 wm• w J Ct: 1s.1 0 0. rn L"i r m -t r1 z BLOCK 2 -LAKESIDE N.B. 3, PG. 1 71) w N/F CITY OF VIRGINIA BEACH p'?' ! / S51'4O'11"E 299.61'" 'ELLIS .VENUE; (50' R/W) .' . (FORMERLY PINE ST.-M.B.3, PG.171). ICJ ci N51'39'20"W 299.59' N.B. 3, S51'32'01"E 390.70' /,OAK STREET i/ (M.B. 3, PC. 171)) / 192.17' N51'37'16"W 316.34' r*; PG, 171) 04/ / M t•••41,7' rte/ i?4/(4O R/YV)'/% / /N51"23'13 BLOCK 3 - LAKESIDE PROPERTY LIN E BY CITY DEED 615 D.B. 51, PC. 10 N/F CITY OF VIRGINIA BEACH PARCEL B INST. #20060706001024770(DEED) INST. #20060522000771350(PLAT) GPIN 1469-52-7035 MERIDIAN REFERENCE: VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NORTH AMERICAN DATUM 1383/199.3 (HARK) (U.S. SURVEY FOOT) 124.17' ' 115.27 v. - STREET LINE AS SHOWN IN PC. 171 AREA OF STREET CLOSURE N 3491991.9219 E 12165498.3107 GRAPHIC SCALE 0 50 100 200 ( '"i FEET ) 1 inch = too rt. ST ---11111,107.11-1;". LETCHER ' 1',. No. 2P.16 1 OF 2 5,214 SF 1.2675 AC. LINE TABLE LINE BEARING DISTANCE L1 N38'20'40"E 49.95' L2 N51 -37'16"W 75.00' L3 N3823'54"E 39.96' L 4 N36'48'17"W L 136.86' L5 S25'16'43"W 1 35.93' EXH BIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM SI REE -" M.E. 3, PG, .17 ? r5, PORTION OF ELL JS AVENUE (FODMERt )1 PINE S"9EET MB. 3, PG, 17' 71 AND A CLOSURE OF LAKE AVENUE AND OAK STREET" (A.B. , PC. 17.1) VIRGINIA\ BEACH, ',/IRG1HIA ti } ,, :r Engineers. Surveyor.. Planners. Land^cc e Architec; . 410 NORTH CENTE7 DR1VF. SUITE i j'0 Norfolk, VA. 23502 7S7-.47.7172 .i'37.0 1130 EXHIBIT A (Page 1 of 2) DE iTc1ER © F AP C—_ 0WNFR LD;TS 9, 10 — BLOCK 2 CITY OF VIRGINIA BEACH INST. #20060706001024770 (DEED) INST. #20060522000771380 (PLAT) GRIN 1.69-52-4486 LOT 11 — BLOCK 2 N/F CIT)' OF VIRGINIA BEACH INST. #20081 i 20001335970 M.S. 3, PG. 171 GPIN 1469-52-5403 LOTS 12-20 — BLOCK 2 Nil: CITY OF VIRGINIA BEACH INST_#20060706001024770 (DEED) INST.#20060522000771420 (PLAT) GPIN 1469-52-6306 A PORTION OF LOTS 23, 24, 25 & 26 — BLOCK 2 N/F CITY OF VIRGINIA BEACH IN ST. #20060706001024770 (DEED) IN ST.420060522000771400 (PLAT) GPI(! 1469-52-5486 A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) IN S7.#20060522000771400 (PLAT) GPIN 1469-52-6433 LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771410 (PLAT) GPIN) 1469-52-7421 ) LOT 32 — BLOCK 2 N /F CITY OF VIRGINIA BEACH INST420080619000 7 27770 M.B. 3, PG. 171 GPI IN 1469-52-7336 ( PARCEL A N/F CITY OF VIRGINIA BEACH NST.#20060706001024770 (DEED) INST.#20060522000771350 (PLAT) GP!N 1469-52-9538 NT. Y g %y p r_hl'i 1i . ! I II': v:p n a A N.E=T 2 OF 2 ICE`iTIFIE. PARCEL 0'0nIE2 L A K E _ LI 1 Tim. N/F .,,TY Or NCRFO_n INST-,;,20060522000771350 D.B. 51, PG. 10 GRIN 1469-62-7175 (FLAT) i) LOTS 21-32 — BLOCK N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) I ;S T.?20060522000771390 (PLAT) GPIN 1459-52-4277 © A PORTION OF LOTS 1-8, AND ALL OF LOTS 9-19 — BLOCK 3 N/F CITY OF VIRGINIA BEACH NIST420060706001024770 (DEED) INST.#20060522000771390 (PLAT) GPIN 1469-52-3280 LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH INST.#20050706001024770 (DEED) INST. #20060522000771 390 (PLAT) GPIN 1469-52-5130 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. PC.. 171) 4,. A PORTION ION O.r ELLIS AVENUE (FORMERLY PINE STREET — M.B. 7. PG', ?ND A CLOSURE OF LAKE AVENUE AND OAK STREET' (M.B. 3, PC. { / 1 :!R 31'2L ,?D1.C.. vlRGH1,L 7.7 H3 Rust Enoineers. Surveyors. Pianne rs. '_oncscap Arci,ilec!s. r1-1 0 NORTH CENTER DRIVE =U!T= 1.00 Norfolk, VA 2'502 T 757.497.7472 F 757.447 2250 1 1 1 cal!:hJ "ro +ao. ; S /,�, I670C-1 EXHIBIT A (Page 2 of 2) CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funds to Provide Housing Vouchers to Homeless Veterans MEETING DATE: November 18, 2014 • Background: The Veterans Administration Supportive Housing Program (VASH) is a partnership between the Veterans Administration (VA) and the Department of Housing and Urban Development (HUD) to provide housing vouchers to homeless veterans. Vouchers are awarded to agencies based on need and on utilization of prior voucher awards. Virginia Beach has been chosen to receive funding that should provide monthly housing subsidies to twenty homeless veterans. If approved, the total VASH voucher recipients in the City will be one hundred and ten. The amount referenced in the attached ordinance is a pro -rated portion of the award, which reflects the estimated amount of expenditures that will occur in the current fiscal year. • Considerations: The funds awarded must be used to provide vouchers to homeless veterans referred by the Hampton VA Medical Center. Without these funds veterans may not receive housing vouchers and might continue to be homeless. These vouchers will be awarded generally to those veterans who are homeless and most vulnerable, as part of Virginia Beach's participation in the Federal and State goals to end veteran's homelessness, and align our work with Federal guidelines. • Public Information: HUD and the VA announced these awards nationally by news release. This item will be advertised as part of the regular Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Preservation ent of Housing and Neighborhood City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO PROVIDE HOUSING VOUCHERS TO 3 HOMELESS VETERANS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $121,707 from the Veterans Administration Supportive Housing Program (a 9 partnership between the Veterans Administration and the Department of Housing and 10 Urban Development) is hereby accepted and appropriated, with estimated federal 11 revenue increased accordingly, to the FY2014-15 Operating Budget of the Department 12 of Housing and Neighborhood Preservation to assist homeless veterans with housing 13 vouchers. Adopted by the Council of the City of Virginia Beach, Virginia on the day , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: CA13153 R-1 October 17, 2014 APPROVED AS TO LEGAL SUFFICIENCY: nagement ServicedAney's Office CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Appropriate Funds to the Department of Housing and Neighborhood Preservation for the HOME Program MEETING DATE: November 18, 2014 • Background: The City receives an annual grant of Federal HOME Program funds from the Department of Housing and Urban Development (HUD). This year, the amount received was approximately $842,000. These funds must be used to support the development of affordable housing opportunities, either for renters, homeowners, or homebuyers. The Department of Housing and Neighborhood Preservation (DHNP) allocates these funds to several activities, including financing for homeowners to rehabilitate their housing. Some of the financing provided is in the form of loans to homeowners. When these loans are repaid, they are considered "Program Income" and must be re -used according to program guidelines. Each year DHNP estimates the amount of income to be received from loan repayments and includes that estimate in its annual budget proposal. When the actual amount exceeds the estimated amount, the overage must be appropriated before it can be used. The current appropriation for Program Income in the HOME Program is $149,694. However, the Program Income Fund has realized an additional $26,569. • Considerations: The Department of Housing and Neighborhood Preservation requests appropriation of excess Program Income funds to be used in accordance with Federal HOME Program regulations. Without the appropriation of these funds, they cannot be used for the intended purpose. • Public Information: The normal agenda publication process is considered sufficient for this item. • Recommendations: Approval of the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: rtment of Housing & Neighborhood Preservation City Manager: k.� 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION FOR THE 4 HOME PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $26,569 is hereby appropriated, with estimated HOME Program revenues 10 increased accordingly, to the FY 2014-15 Operating Budget of the Department of 11 Housing and Neighborhood Preservation to be used in accordance with the Federal 12 HOME Program regulations. 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: CA13158 R-1 November 5, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ITEM: An Ordinance to Accept and Appropriate a Donation to the Fire Department for the CERT Program MEETING DATE: November 18, 2014 • Background: In September 2014, the Walmart Foundation donated $1,000 to the Fire Department for the purpose of purchasing supplies and equipment for the Community Emergency Response Team (CERT). • Considerations: The attached ordinance accepts the donation and appropriates the funds to the Fire Department for the CERT Program. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manage k.•,,8„0, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION TO THE FIRE DEPARTMENT FOR THE CERT 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $1,000 donation from the Walmart Foundation is hereby accepted and 9 appropriated, with revenues increased accordingly, to the FY 2014-15 Fire Department 10 Operating Budget to purchase supplies and equipment needed by the Community 11 Emergency Response Team or CERT program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: M nagement Services CA13148 R-1 October 14, 2014 V f t1 jfjl/TI }t ` �S, Sry ffi' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Authorizing the Transfer of the Underlying Fee Interest of a 5.856 -Acre Portion of Northampton Boulevard to the City of Norfolk for the Purpose of Weir Maintenance MEETING DATE: November 18, 2014 • Background: In 2012, the Commonwealth of Virginia conveyed a portion of Northampton Boulevard right-of-way (the "Right -of -Way") to the City of Virginia Beach (the "City"). The City of Norfolk ("Norfolk") owns and maintains Little Creek Reservoir and Lake Smith (the "Lakes"), portions of which are located in the City. A weir separating the Lakes is located within the boundaries of the Right -of -Way, as shown on the plat attached to the Ordinance as Exhibit A. Norfolk desires to obtain the underlying fee interest to that portion of the Right -of -Way encompassing the weir for the purpose of repair and maintenance to said weir (the "Weir Property"). City staff agrees that it would be in the best interest of the City to convey the underlying fee interest of the Weir Property to Norfolk, subject to the City's perpetual public right-of- way and easement for maintenance, reconstruction, repair and regulation of the paved area of the Weir Property. This transfer will not change the current operation and use of the Right -of -Way. • Considerations: Norfolk would be responsible for the repair and maintenance of the Weir Property and all surrounding areas, except for the paved area. The City would be responsible for repair and maintenance of the paved area, which is that portion of the Right -of -Way that crosses the Weir Property. • Public Information: Advertisement of the public hearing for the proposed transfer of City -owned property in The Virginian -Pilot and advertisement of City Council Agenda. The public hearing has held on August 5, 2014, and there were no speakers. Adoption of the ordinance to approve the conveyance was deferred at that time. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by Council. • Recommendations: Staff recommends approval of the transfer of the Weir Property, subject to the terms and conditions set forth in the Summary of Terms attached to the Ordinance as Exhibit B. • Attachments: Ordinance Plat (Exhibit A) Summary of Terms (Exhibit B) Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Engineering k T z6vo-f., City Manager: \\vbgov.com\DFS 1 Wpplications\CitylawProd\cycom32\Wpdocs\D023\P015\00054754.DOC 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING THE TRANSFER OF THE 3 UNDERLYING FEE INTEREST OF A 5.856- 4 ACRE PORTION OF NORTHAMPTON 5 BOULEVARD TO THE CITY OF NORFOLK 6 FOR THE PURPOSE OF WEIR MAINTENANCE 7 8 WHEREAS, in 2012 the Commonwealth of Virginia conveyed a portion of the 9 Northampton Boulevard right-of-way (the "Right -of -Way") to the City of Virginia Beach 10 (the "City"); 11 12 WHEREAS, the City of Norfolk ("Norfolk") owns and maintains Little Creek 13 Reservoir and Lake Smith (the "Lakes"), portions of which are located within the City; 14 15 WHEREAS, a weir separating the Lakes is located within the boundaries of the 16 Right -of -Way, and Norfolk desires to obtain the underlying fee interest to that portion of 17 the Right -of -Way encompassing the weir (the "Weir Property") for the purposes of repair 18 and maintenance to the weir; 19 20 WHEREAS, City staff agrees that it would be in the best interest of the City to 21 convey the underlying fee interest of the Weir Property to Norfolk, subject to the City's 22 perpetual public right-of-way and easement for maintenance and repair of the paved 23 area of the Weir Property. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council, subject to acceptance by the City of Norfolk, authorizes the 29 transfer of the underlying fee interest of that 5.856 -acre portion of Northampton 30 Boulevard right-of-way (the "Weir Property") shown on Exhibit A, attached hereto and 31 made a part hereof, to the City of Norfolk. 32 33 2. The City Manager, or his designee, is hereby authorized to execute any and all 34 documents to complete such transfer, so long as such documents are in substantial 35 conformity with the Summary of Terms attached hereto as Exhibit B, and made a part 36 hereof, and such other terms, conditions or modifications as may be acceptable to the 37 City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Pu is orks / Engineering CA12938 \\vbgov.com\DFS 11Applications\CityLawProd\cycom32\W pdocs\D004\P017\00114016.DOC R-1 November 7, 2014 \ 0 \ ) \ 0 z 0 \Z \r 0 z / / z 0 s z s 1§§ ®§§ bs ZO!'SSZ bs ZOl'6£z VIRGINIA O}NAD 9°(/ EXHIBIT A 379V1 V3Z/d EXHIBIT B SUMMARY OF TERMS APPROVE AND AUTHORIZE THE TRANSFER OF THE UNDERLYING FEB INTEREST OF A 5.856 -ACRE PORTION OF NORTHAMPTON BLVD. TO THE CITY OF NORFOLK Parties: Property: Description: City of Virginia Beach (the "City") City of Norfolk ("Norfolk") Underlying fee interest of a 5.856 -acre portion of the Northampton Blvd. right-of-way, located between Lake Smith and Little Creek Reservoir • The City to transfer the Property to Norfolk for the purpose of repair and maintenance of a weir that separates Lake Smith and Little Creek Reservoir. • No consideration for the transfer of the Property. • Transfer of the Property will not change the current operation and use of the Northampton Blvd. right-of-way. • The City to retain a perpetual public right-of-way, together with all rights necessary for maintenance, reconstruction, repair and regulation of the paved area of the Northampton Blvd. right-of-way. • Norfolk will be responsible for the repair and maintenance of the weir and surrounding areas (except the paved road). J. PLANNING 1. Application of GALLEON INVESTORS XII, LLC for the enlargement of a Non -Conforming Use at 231 68th Street LYNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL 2. Applications of BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. at South Plaza Trail and Princess Anne Road: a. Modification of Proffers of the Conditional Zoning Agreement (approved March 27, 2012) b. Conditional Use Permit (self -storage facility) ROSE HALL - DISTRICT 3 RECOMMENDATION APPROVAL 3. Applications of EVERGREEN VIRGINIA, LLC (approved October 24, 2006) at 5301 Virginia Beach Boulevard: a. Modification of Proffers of the Conditional Zoning Agreement b. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) KEMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL 4. Application of ARACELI T. MARCIAL and BYLER ENTERPRISES for a Conditional Use Permit (Vocational School — Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard KEMPSVILLE. — DISTRICT 2 RECOMMENDATION APPROVAL 5. Application of KINGDOM INVESTING OUTREACH CENTER and A.V. ASSOCIATES, LLLP for a Conditional Use Permit (religious use) at 4525 East Honeygrove Road BAYSIDE — DISTRICT 4 RECOMMENDATION APPROVAL 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional PD -H2 Planned Unit Development District [R-10 Residential] re dwellings at 2800 to 2900 Princess Anne Road . (Deferred June 17, 2014) PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPROVAL 7. Application of THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC for a Conditional Change of Zoning from 0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay] re a Photography Studio at 2513 North Landing PRINCESS ANNE — DISTRICT 7 RECOMMENDATION APPROVAL 8. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 1127 re open space, public sites and recreation areas within the PD -H2 Planned Development District b. Section 2106(d)(1) re Modifications to Workforce Housing units RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, November 18, 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-10 Residential] at 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494479615; 1494461695). Proposal is for 94 dwellings (2.9 units per acre). Comprehensive Plan: Special Economic Growth Area 4 — Princess Anne. Previously deferred on June 17, 2014. The Studio Hampton Roads, LLC /NORTH LANDING INVESTMENTS, LLC Application: Conditional Change of Zoning (0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay]) at 2513 North Landing Road (GPIN 1494717090). Applicant proposes to use portion of site for a photography studio. ROSE HALL — DISTRICT 3 Burnette Capital Investments, LLC /Reed Enterprises, Inc. Application: Modification of Proffers of the Conditional Zoning Agreement approved on March 27, 2012 and Conditional Use Permit (Self Storage Facility) at the East side of South Plaza Trail, 300 feet Northeast of its intersection with Princess Anne Road (GPIN 1476602957) CITY OF VIRGINIA BEACH Ordinance to Amend Section 2106 of the City Zoning Ordinance re Modifications to Workforce Housing Units. Ordinance to Amend Section 1127 of the City Zoning Ordinance re open space, public sites and recreation areas within the PD -H2 Planned Development District. KEMPSVILLE — DISTRICT 2 Evergreen Virginia, LLC Application: Modification of Proffers of the Conditional Zoning Agreement approved by the City Council on October 24, 2006. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) approved by the City Council on October 24, 2006 at 5301 Virginia Beach Boulevard (GPIN 1467664306). Araceli T. Marcial/Byler Enterprises Application: Conditional Use Permit (Vocational School) at 5441 Virginia Beach Boulevard (GPIN 1467477344). BAYSIDE — DISTRICT 4 Kingdom Investing Outreach Center/A.V. Associates, LLLP Application: Conditional Use Permit (religious use) at 4525 E. Honeygrove Road (GPIN 1478555470). LYNNHAVEN — DISTRICT 5 Galleon Investors XII, LLC Application: Enlargement of a Non -Conforming Use at 231 68°i Street (GPIN 2419643497). 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 ;;/www.vucov.coni,,JK 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 3854303. Beacon November 2 & 9, 2014 24397822 ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 231 68th Street (GPIN 2419643497) and Owned by Galleon Investors XII, LLC. COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: November 18, 2014 • Background: The applicant requests an enlargement of a nonconforming garage apartment and single-family dwelling. City records indicate that the single-family dwelling was built in 1976, prior to the deletion in August 1985 of garage apartments from the R-8 Residential Zoning District as a permitted use. The applicant is proposing to demolish the existing nonconforming dwellings and replace each with a two- story detached single-family dwelling. The garage apartment and the single- family dwelling are nonconforming, as two single-family dwellings on one lot are not permitted in the R -5R Resort Residential District; therefore, any proposed change to either must be approved by the City Council Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." • Considerations: The applicant is proposing to demolish the existing three-story home and the garage apartment and construct two two-story dwelling units. Conceptual elevations for the front facades are shown on the site plan. Unit A will have a front porch and second -story balcony, as well as a single -car garage with a large dormer in the roofing system. The gabled roof appears to contain a mixture of building materials, including sections with metal mansard. Unit B would have a front porch with more "bungalow -style" columns, as well as a two -car garage with gabled roof overhangs. The two single family homes would share a 12 -foot driveway, and Unit B would access 68th Street via an ingress/egress easement. The site contains unique natural amenities, including a sand dune feature along the western property line and a number of mature live oaks that provide expansive tree cover. The applicant has proposed to retain this dune feature, as GALLEON INVESTORS Page 2 of 3 well as any live oaks that are outside of the proposed building footprints, to the maximum extent practicable. If needed, any retaining wall immediately behind Unit B would be located at least 10 feet from the western property line. Also, a row of mature pine trees along the southern lot line would be retained with this development to the greatest extent practicable. • Recommendations: Staff concludes that the proposed enlargement of the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing nonconforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The site and exterior appearance of the dwellings shall be developed substantially in accordance with the submitted plan entitled "Non- conforming Use Exhibit" dated November 4, 2014 and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Architectural plans for the exterior of the dwellings shall be submitted to the Current Planning Division for review and approval by the Planning Director prior to building permits for the dwellings being sought. Said plans shall depict materials and colors. 3. The existing dune feature on the site shall be retained in a natural state to the maximum extent practicable. 4. Existing live oak trees located outside of the building footprints of the proposed dwellings, as well as the pine trees along the eastern property line, shall be retained to the maximum extent practicable. The limits of construction shall be delineated on the site to protect the integrity of each tree's root system. is Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Departmen City Manager: WI d Non-Conforming Use LYNNHAVEN Ma -3 dao NotLro& RSR _1 Galleon Investors XII, L.L.C. ect k5 .} First Landing State Park P1 bsth R5R •Ioal, Met Cmagma Avar.. OP., swc. Pwnron REQUEST: Enlargement of a Nonconforming Use S1StftRSR\`J ADDRESS / DESCRIPTION: 231 689) Street GPIN: 24196434970000 Non -Conforming Use November 18, 2014 City Council Hearing APPLICANT & PROPERTY OWNER: GALLEON INVESTORS XII, L.L.C. STAFF PLANNER: Graham Owen ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 11,818 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests an enlargement of a nonconforming garage apartment and single-family dwelling. City records indicate that the single-family dwelling was built in 1976, prior to the deletion in August 1985 of garage apartments from the R-8 Residential Zoning District as a permitted use. The applicant is proposing to demolish the existing nonconforming dwellings and replace each with a two-story detached single-family dwelling. Per the provisions of Section 105 of the City Zoning Ordinance, the garage apartment and the single-family dwelling are nonconforming, as two single-family dwellings on one lot are not permitted in the R -5R Resort Residential District; therefore, any proposed change to either must be approved by the City Council. While enlargements to nonconformities are not allowed per Section 105 (d)(1) of the Zoning Ordinance, they may be permitted by the City Council as follows: As an exception to the above, any condition of development prohibited by this section may be permitted by Resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 1 Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. Summary of Proposed Improvements The applicant is proposing to demolish the existing three-story home and the garage apartment and construct two two-story dwelling units. Conceptual elevations for the front facades are shown on the site plan. Unit A will have a front porch and second -story balcony, as well as a single -car garage with a large dormer in the roofing system. The gabled roof appears to contain a mixture of building materials, including sections with metal mansard. Details on the exact building materials have not been provided with this application. Unit B would have a front porch with more "bungalow -style" columns, as well as a two -car garage with gabled roof overhangs. The two single family homes would share a 12 -foot driveway, and Unit B would access 68th Street via an ingress/egress easement. City records indicate that the existing residence was built in 1976. At the time it was built, the 1973 Comprehensive Zoning Ordinance permitted one garage apartment in conjunction with a single family detached dwelling. When built, the existing residence and garage apartment met the 1973 Ordinance requirements for lot and structure dimensions, including the minimum front, rear, and side yard setbacks, minimum lot area, and maximum lot coverage requirements. The applicant's proposal would deviate from the current front, rear, and side yard setbacks for the R5 -R Zoning District, as described in Table A below. The proposal would meet all other single-family lot and structure requirements as described in Table B below, including maximum lot coverage, maximum building floor area, and maximum impervious cover. Table A. Single Family Yard,; Requirements R5R - Resider tial wort Diatric# Front Yard Setback (feet) Rear Yard Setback (feet) 68th Street Side Yard Setba eet} North Side Yard Setback (feet) Minimum Required 20 20 18 8 Existing (Garage Apt, Primary Residence) 49, 26 13, 11 8, 59 98, 23 Proposed (Unit - A, Unit - B) 17.5, 19.5 10.5, 13.5 8.5, 76 86, 10.5 Table B. Single Family Lot and Structure Requirements R5R - Res idential Resort District Total Lot Coverage Total Building FloorArea as aApartment % of Allowable Lot CoverageCover Total Impervious Total Garage Living Area (square feet) Maximum Permitted 35% 8,272 SF 60% 800 Existing 14% 3,206 SF 39% 445 Proposed 34% 5,490 SF 55% N/A The site contains unique natural amenities, including a sand dune feature along the western property line and a number of mature live oaks that provide expansive tree cover. The applicant has proposed to retain this dune feature, as well as any live oaks that are outside of the proposed building footprints, to the maximum extent practicable. If needed, any retaining wall immediately behind Unit B would be located at least 10 feet from the western property line. Also, a row of mature pine trees along the southern lot line would be retained with this development to the greatest extent practicable. GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 2 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling with garage apartment SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Residential Duplex / R -5R District • Residential Duplex and Association for Research and Enlightenment / R -5R District • Single Family Residences / R -5R District • 6891 Street • First Landing State Park / P-1 Preservation District • The site is located immediately adjacent to First Landing State Park, and contains a natural dune feature situated roughly along the western property line. The site also contains a number of mature live oak and pine trees. The site is located within the Resource Management Area of the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area (SFA) 7 - North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). Moreover, the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used (p. 3-24). IMPACT ON CITY SERVICES WATER AND SEWER: This site currently connects to City water. The existing 5/8 -inch meter (City ID #95089984) can be used or upgraded to accommodate the proposed development. This site currently connects to city sewer by way of Pump Station #101. 4 0 EVALUATION AND RECOMMENDATION GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 3 Staff recommends approval of this request. Duplex development in the R -5R Zoning District is allowed by right, and the applicant's proposal to develop the site with two detached single-family homes supports the Suburban Area goals of neighborhood preservation and density stability. Also, the proposed single-family home elevations, though conceptual in nature, appear to be more consistent with the desired character of the neighborhood than a design for a duplex development. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines — Suburban Areas found in the Comprehensive Plan's Reference Handbook, which address both site and building design. Design Guidelines for the Suburban Area applicable to this request are as follows, followed by an analysis of each: Architectural Detail - The mass, or overall size and height of the structure should be appropriate to the surroundings. Materials used on structures should be long-lasting, attractive, and high quality. Building materials should reflect the character of the area associated with it. The proposed elevations illustrate balanced facades with windows, metal roof accents, railing, and column and trim details that are consistent with the suburban design guidelines and the character of the surrounding area. Stormwater - Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. Stormwater retention areas are not shown. However, the applicant has offered to retain a natural dune feature in the rear of the property, as well as existing mature trees throughout the property, to the maximum extent possible. This retention of existing features should help prevent soil erosion and damage to the surrounding vegetation. Summary - The applicant indicates that the North Beach Civic League was briefed on the site plan and supports this proposal. Staff did receive calls from individuals in the neighborhood who had concerns regarding the impacts of the development on the dune feature and tree cover. In response to these concerns, the applicant revised the initially submitted site plan to show areas of the site that would be retained in a natural state. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Given the applicant's efforts to minimize the impacts of the proposed development, Staff finds that the proposed change is reasonable and should be as appropriate to the district as the existing non- conforming use. The request, therefore, is recommended for approval with the conditions below. CONDITIONS 1. The site and exterior appearance of the dwellings shall be developed substantially in accordance with the submitted plan entitled "Non -conforming Use Exhibit" dated November 4, 2014 and GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 4 prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Architectural plans for the exterior of the dwellings shall be submitted to the Current Planning Division for review and approval by the Planning Director prior to building permits for the dwellings being sought. Said plans shall depict materials and colors. 3. The existing dune feature on the site shall be retained in a natural state to the maximum extent practicable. 4. Existing live oak trees located outside of the building footprints of the proposed dwellings, as well as the pine trees along the eastern property line, shall be retained to the maximum extent practicable. The limits of construction shall be delineated on the site to protect the integrity of each tree's root system. 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. GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 5 AERIAL OF SITE LOCATION ��G��1A•$EAc GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 6 e- F.`�; ONS OUR NPT I EXISTING CONDITION GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 7 tt a if 111 flat tt 1 0 0; a�. M ! 111 1 _I Tqr is nm ,11 -g e ,or Wrt1E `i 110 ,¢ -f-___--_ 11111 141 111 PROPOSED CONDITIONS ., GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 8 LYNNHAVEN Map L-3 Map Not to Scale First Landing State Park P1 ' STREET 6gth 'Zoning with Conditions/Proffers, Open Space Promotion ZONING HISTORY Non -Conforming Use # DATE REQUEST ACTION 1 11/12/2013 Alteration to a Nonconforming Use (Signage) Approved 03/10/2009 Alteration to a Nonconforming Use (Building and Parking Additions) Approved 01/26/1999 Alteration to a Nonconforming Use (Building and Parking Additions) Withdrawn 2 02/09/2010 Alteration to a Nonconforming Use (Garage Apartment) Approved 5 06/23/1998 Subdivision Variance Approved GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 9 EXISTING CONDITIONS (RESIDENCE) GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING 0 EXISTING CONDITIONS (GARAGE APARTMENT) GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 11 VIEW OF GARAGE APARTMENT FROM TOP OF DUNE f��11A•BF'e� GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 12 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Galleon Investors XII, L.L.C.: Douglas D. Ellis, Manager, Douglas D. Ellis, Jr., Member; John T. Standing, Manager; Patrick L. Standing, Jr., Member 2. List aII 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) 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 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 GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 13 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. WPL GM Frech, Architect 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 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, 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. Gal -. n estorII, L.L.C. By: Applicant' nature �l�v c.S\a\NA,\ Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT GALLEON INVESTORS XII, L.L.C. NOVEMBER 18, 2014 CITY COUNCIL HEARING Page 14 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 231 68th STREET 4 5 WHEREAS, Galleon Investors XII, LLC, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 231 68th Street in the R -5R Residential Resort District by replacing a nonconforming 8 single-family dwelling and garage apartment with two single-family dwellings; and 9 10 WHEREAS, this lot currently contains two dwelling units, which are not currently 11 allowed in the R -5R Residential Resort District; and 12 13 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 14 regulations and are therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use of the lot, as enlarged, 26 will be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The site and exterior appearance of the dwellings shall be developed 36 substantially in accordance with the submitted plan entitled "Non - 37 conforming Use Exhibit" dated November 4, 2014 and prepared by WPL. 38 Said plan has been exhibited to the Virginia Beach City Council and is on 39 file in the Planning Department. 40 41 2. The architectural plans for the exterior of the dwellings shall be submitted 42 to the Current Planning Division for review and approval by the Planning 43 Director prior to building permits for the dwellings being sought. Said plans 44 shall depict materials and colors. 45 46 3. The existing dune feature on the site shall be retained in a natural state to 47 the maximum extent practicable. 48 49 4. Existing live oak trees located outside of the building footprints of the 50 proposed dwellings, as well as the pine trees along the eastern property 51 line, shall be retained to the maximum extent practicable. The limits of 52 construction shall be delineated on the site to protect the integrity of each 53 tree's root system. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13161 R-1 November 7, 2014 City Attorney's Office 2 II' co 0 u. al cu rm a Z1 U `Zoning with Conditions/Proffers, Open Space Promotion C .t. lu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BURNETTE CAPITAL INVESTMENTS, LLC (Applicant) / REED ENTERPRISES, INC. (Owner) A. Modification of Proffers of the Conditional Zoning Agreement approved on March 27, 2012 B. Conditional Use Permit (Self Storage Facility). East side of South Plaza Trail, 300 feet northeast of its intersection with Princess Anne Road (GPIN 1476602957). COUNCIL DISTRICT — ROSE HALL. MEETING DATE: November 18, 2014 • Background: In 1999, this site was part of a Change of Zoning from R-7.5 Residential District to Conditional B-2 Community Business District. This property was labeled as "future commercial use" on the proffered plan, while the adjacent site was granted a Conditional Use Permit authorizing fuel sales and a car wash. A Modification of Conditions allowing an expansion of the car wash on the adjacent site as well as the construction of an auto repair facility on this property was approved by the City Council on February 9, 2010. In 2012, City Council again granted a Modification of Conditions that eliminated the car wash expansion proposed for the adjacent site, and authorized the relocation of the service bays of the repair facility proposed for this site closer to the southern property line. • Considerations: The applicant requests a Modification of Proffers and a Conditional Use Permit for self -storage. Approval of those two requests will allow the applicant to develop the site with a three-story, 79,470 square foot, climate -controlled, self - storage facility. While there is a multifamily development adjacent to this site, there is an excellent buffer between the commercially zoned property and the residential units provided by a berm and plantings located on the residential site. An expanded Category IV buffer on the site of the proposed self -storage facility is proffered to provide even greater screening and distance between the proposed building and the existing adjacent townhouses. The estimated distance between the closest dwelling and the proposed structure is approximately 55 feet. A letter of support, signed by the President of the Princess Anne Condominium Association, was provided to Staff by the applicant, and a copy is included in the attached report. BURNETTE CAPITAL INVESTMENTS Page 2 of 4 Similar to the recommendation with the 2012 Modification, Staff is convinced that the proposed site enhancements reflect the Comprehensive Plan's Suburban Area Design Guidelines with regard to the following: use of high quality building materials and low profile design (one-story structure); installation of effective fencing and supplemental plantings along the southeast corner adjacent to residential uses; and increased vehicular mobility via coordination of access points. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. Additional details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached 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 9-0-1, to recommend approval of the rezoning to the City Council as proffered and the Conditional Use Permit with the conditions recommended by Staff. PROFFERS OF CONDITIONAL CHANGE PROFFER 1: When the Property (Parcel B) is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled, "SOUTH PLAZA AREA STORAGE, CONCEPTUAL LAYOUT PLAN," prepared by Martin Engineering and dated 07/30/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Site Plan"). PROFFER 2: The freestanding sign depicted on the Parcel B Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 3: The exterior of the building designated on the Parcel B Site Plan as "Proposed Three Story Self Storage," shall have an architectural design and utilize the exterior building materials substantially as depicted and designated on the four (4) page exhibit entitled, "SOUTH PLAZA TRAIL STORAGE, A PROPOSED COMMERICAL STORAGE FACILITY FOR BURNETTE CAPITAL," prepared by GMF & Associates, dated 7-30-14, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). PROFFER 4: The following uses will not be permitted on the Property (i.e. Parcel B): BURNETTE CAPITAL INVESTMENTS Page 3of4 a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 5: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 6: (see Page 8 of this report for the proffers referenced below) The Covenants, Restrictions and Conditions set forth herein partially replace, restate and supersede proffers numbered 1, 3, 4, 8 and 10 to the extent that said proffers are applicable to the Property (i.e. Parcel B). PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated August 1, 2014, and found it to be legally sufficient and in acceptable legal form. CONDITIONS OF USE PERMIT 1. Any freestanding sign associated with this site shall be monument style and limited to eight feet in height. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole -mounted lighting shall be utilized on the southern (rear) half of the property. Only building -mounted or fence - mounted pack lights may be used. 3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole - mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. No outdoor vending machines and/or display of merchandise shall be allowed. BURNETTE CAPITAL INVESTMENTS Page4of4 5. Any dumpster on the site shall not be tipped between the hours of 9:00 p.m. and 7:30 a.m. 6. No bulk storage shall be permitted on the site at any time. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 7. Other than the ingress/egress point, streetscape landscaping shall be installed along the entire length of the South Plaza Trail frontage. 8. The number of parking spaces on the site cannot exceed the number depicted on the plan unless additional spaces are allowed by the Planning Director as provided for by Section 203(b)(9) of the Zoning Ordinance. 9. As required by the Zoning Ordinance, drive aisles shall be limited to 26 feet in width. 10. As depicted on the exhibit referenced in Proffer 1, a buffer with a minimum width of 30 feet along the rear property line and 20 feet along the northern property line, both adjacent to the existing A-12 zoned properties, shall be installed with Category IV screening as described by the City of Virginia Beach Landscaping Guide. 11. No doors shall be permitted along the rear of the building, unless otherwise required by the Building Official's Office. 12. The self -storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 13. No barbed wire or razor wire shall be installed on the roof or walls of the building or on any fence on the property • Attachments: Staff Report 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: Burnette Capital Investments, L.L.C. •IaW. .M CeMIMoa.PMi.n, a. Spate Panwio., R7.5 A18* CUP for Self Storage Facility. Modification of Proffers 1 October 8, 2014 Public Hearing APPLICANT: BURNETTE CAPITAL INVESTMENTS, LLC PROPERTY OWNER: REED ENTERPRISES, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: (a) Modification of Conditional Change of Zoning approved by the City Council on March 27, 2012 (b) Conditional Use Permit (Self -Storage Facility) ADDRESS / DESCRIPTION: East side of South Plaza Trail, 300 feet northeast of its intersection with Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: 14766029570000 ROSE HALL 1.46 acres Background AICUZ: Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL In 1999, this site was part of a Change of Zoning from R-7.5 Residential District to Conditional B-2 Community Business District. This property was labeled as "future commercial use" while the adjacent site was granted a Conditional Use Permit authorizing fuel sales and a car wash. A Modification of Conditions allowing an expansion of the car wash on the adjacent site as well as the construction of an auto repair facility on this property was approved by the City Council on February 9, 2010. In 2012, City Council again granted a Modification of Conditions that eliminated the car wash expansion proposed for the adjacent site, and authorized the relocation of the service bays of the repair facility proposed for this site closer to the southern property line. BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 1 The existing Conditional Zoning Agreement for this site has 13 proffers, which are listed at the end of this report. The existing Conditional Use Permit for auto related uses that are proposed on the property has 12 conditions. The conditions and proffers applicable to the subject site will be eliminated should the applicant's proposal for a self -storage facility be approved. Details The applicant requests a Modification of Proffers as well as a Conditional Use Permit for self -storage. Approval of those two requests will allow the applicant to develop the site with a three-story, 79,470 square foot, climate -controlled, self -storage facility. According to the applicant, the typical hours of operation for storage unit access are proposed as 6:00 a.m. to 9:00 p.m. and office hours of 9:00 a.m. to 6:00 p.m., seven days a week. There is an existing curb cut on South Plaza Trail. A vehicular cross - access easement was previously established between this parcel and the property to the southwest that is developed with a service station, car wash and convenience store. The number of parking spaces has been adjusted to reflect no more than the maximum spaces permitted by the Zoning Ordinance. The mechanical equipment is situated along both sides of the building, adjacent to the convenience store and car wash to the southwest and the stormwater management pond to the northeast. The stormwater runoff from this site will be directed into an existing off-site facility located on the property to the northeast, zoned A-12 Apartment. The proposed building elevations depict a contemporary design with exterior building materials of brick, Exterior Insulation Finishing System (EIFS), split -faced block and brick veneer, and metal wall panels. Details such as corner "towers," "Bahama -style" decorative shutters, a canopy, standing seam metal roof, and a brick water -table add to the architectural interest of the building. The majority of the building will have a height of 30 feet, with the tower at the front corner extending up to 40 feet. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: vacant parcel SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • South Plaza Trail • Multi -family dwellings / Conditional A-12 Apartment District • Retail shops / Conditional B-2 Community Business District • Convenience store, fuel sales, car wash / Conditional B-2 Community Business District • Multi -family dwellings / Conditional A-12 Apartment District • Multi -family dwellings / Conditional A-12 Apartment District • Princess Anne Road • City property with stormwater management facility The site is within the Southern Watersheds Management Area. There are no significant cultural or environmental resources on the site as it has been cleared for development. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 2 this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road at this location is a four -lane divided minor urban arterial. The MTP proposes a four -lane facility within a 120 -foot wide right-of-way. South Plaza Trail at this location is a four -lane divided minor suburban arterial. The MTP proposes a four - lane facility within a 100 -foot wide right-of-way. There are no Roadway CIP projects programmed for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 17,012 ADT 1 28,200 ADT 1(Level of Service "C") — 32,800 ADT 1 (Level of Service "E) Existing Proffered Land Use 2— 558 ADT Proposed Land Use 3— 199 ADT 'Average Daily Trips 2 as defined by automobile service and automobile parts sales 3as defined by 79,470 square foot self -storage facility WATER: This site must connect to City water. There is an existing 8 -inch and 12 -inch City water main in South Plaza Trail. SEWER: This site must connect to City sanitary sewer. There is an existing 16 -inch City sewer main in South Plaza Trail. There is an existing eight -inch City gravity sewer within the adjacent property to the southwest. A sanitary sewer and pump station analysis for Pump Station #543 may be required to determine if additional flows can be accommodated. EVALUATION AND RECOMMENDATION 1' While there is a multifamily development adjacent to this site, there is an excellent buffer between the commercially zoned property and the residential units provided by a berm and plantings located on the residential site. An expanded Category IV buffer on the site of the proposed self -storage facility is proffered to provide even greater screening and distance between the proposed building and the existing adjacent townhouses. The estimated distance between the closest dwelling and the proposed structure is approximately 55 feet. A letter of support, signed by the President of the Princess Anne Condominium Association, was provided to Staff by the applicant, and a copy is included in this report. BURNETTE CAPITAL INVESTMENTS, LLC. Agenda Item 1 Page 3 Similar to the recommendation in 2012, Staff is convinced that the proposed site enhancements reflect the Comprehensive Plan's Suburban Area Design Guidelines with regard to the following: use of high quality building materials and low profile design (one-story structure); installation of effective fencing and supplemental plantings along the southeast corner adjacent to residential uses; and increased vehicular mobility via coordination of access points. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. The following Guidelines can be applied to this request. Site Landscaping - Non-residential uses that adjoin areas planned for residential use should employ effective landscape design techniques and placement of appropriate plant materials to buffer or screen such uses, including landscape treatment of any related freestanding signs. Screening may include massing of plant material and hedgerows in conjunction with berms, fences, and walls. Upon Staff's site visit, it was clear that the existing off-site buffer and berm provide an excellent screen to any proposed development on this site. In addition, the expanded Category IV buffer along the rear property line will complement the existing plantings. Architectural Elements and Building Materials - Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment. Building materials should be long-lasting, attractive, and high quality with a complimentary color scheme that reflects the character of the area. In Staff's opinion, the submitted rendering appears to be generally consistent with this Guideline. As the second floor of the adjacent condominiums have no windows, Staff believes that the visual impact from those properties will be minimal. Staff did request additional detailing along the rear elevation, which the applicant did provide. Lighting - All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. The applicant has submitted a proffered that specifically addresses this Guideline. Signage - All signs should be consistent in color and theme with the primary building. Signs in all nonresidential areas should be clearly legible to both motorists and pedestrians. Oversized or overly elaborate signs that compete for attention or which create visual clutter are discouraged. While an exact sign design was not presented, there is a proffer limiting the freestanding sign to eight feet in height and requires it to be constructed with a brick base to match the building. Access and Circulation — The Guidelines recommend coordination of access points by cross -parcel easements whenever possible. There is an access easement on this site that provides vehicular mobility between this property and the convenience store with fuel pumps to the south. Parking Areas — Since the initial submittal, the applicant has reduced the number of parking spaces in order to be more consistent with Zoning Ordinance requirements. The required streetscape planting is depicted on the plan. During final site plan review, the particulars related to screening and interior plantings for the parking areas will be reviewed in detail. Based on the above evaluation, Staff recommends approval of this request with the submitted proffers and conditions. The proffers and conditions are provided below. REVISED PROFFERS 0' BURNETTE CAPITAL INVESTMENTS, -)1 °`Agenda Item 1 Page 4 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 (Parcel B) is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled, "SOUTH PLAZA AREA STORAGE, CONCEPTUAL LAYOUT PLAN," prepared by Martin Engineering and dated 07/30/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Site Plan"). PROFFER 2: The freestanding sign depicted on the Parcel B Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 3: The exterior of the building designated on the Parcel B Site Plan as "Proposed Three Story Self Storage," shall have an architectural design and utilize the exterior building materials substantially as depicted and designated on the four (4) page exhibit entitled, "SOUTH PLAZA TRAIL STORAGE, A PROPOSED COMMERICAL STORAGE FACILITY FOR BURNETTE CAPITAL," prepared by GMF & Associates, dated 7-30-14, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). PROFFER 4: The following uses will not be permitted on the Property (i.e. Parcel B): a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 5: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 6: (see Page 8 of this report for the proffers referenced below) The Covenants, Restrictions and Conditions set forth herein partially replace, restate and supersede proffers numbered 1, 3, 4, 8 and 10 to the extent that said proffers are applicable to the Property (i.e. Parcel B). PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers ensure a high level of predictability of the site layout, building design and access. Staff finds the above proffers acceptable. The City Attorney's Office has reviewed the proffer agreement dated August 1, 2014, and found it to be legally sufficient and in acceptable legal form. BURNETTE CAPITAL INVESTMENTS,"`LLC Agenda Item 1 Page 5 CONDITIONS OF USE PERMIT FOR SELF -STORAGE 1. Any freestanding sign associated with this site shall be monument style and limited to eight feet in height. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole -mounted lighting shall be utilized on the southern (rear) half of the property. Only building -mounted or fence -mounted pack lights may be used. 3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. No outdoor vending machines and/or display of merchandise shall be allowed. 5. Any dumpster on the site shall not be tipped between the hours of 9:00 p.m. and 7:30 a.m. 6. No bulk storage shall be permitted on the site at any time. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 7. Other than the ingress/egress point, streetscape landscaping shall be installed along the entire length of the South Plaza Trail frontage. 8. The number of parking spaces on the site cannot exceed the number depicted on the plan unless additional spaces are allowed by the Planning Director as provided for by Section 203(b)(9) of the Zoning Ordinance. 9. As required by the Zoning Ordinance, drive aisles shall be limited to 26 feet in width. 10. As depicted on the exhibit referenced in Proffer 1, a buffer with a minimum width of 30 feet along the rear property line and 20 feet along the northern property line, both adjacent to the existing A- 12 zoned properties, shall be installed with Category IV screening as described by the City of Virginia Beach Landscaping Guide. 11. No doors shall be permitted along the rear of the building, unless otherwise required by the Building Official's Office. 12. The self -storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. BURNETTE CAPITAL INVEST-MENTS,'�LLC Agenda Item 1 Page 6 13. No barbed wire or razor wire shall be installed on the roof or walls of the building or on any fence on the property. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 7 CURRENT PROFFERS (2012) PROFFER 1: When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibit entitled "Preliminary Layout Plan Of Commercial Property At Princess Anne Road And South Plaza Trail For Reed Enterprises, Inc.," dated 01/19/12, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the convenience store, canopy for the gasoline pumps, and the "carwash" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for Princess Anne Trail Partners, Virginia Beach, Virginia," dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: The exterior of the building depicted on Parcel B and designated "3600 S.F. Parts, Tires & Service" on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled, "Neal Reed Project — Auto Service Center Princess Anne Road & south Plaza Trail, Virginia Beach, Virginia," prepared by Neil E. Bristow, Architect, dated 1-16-12, revised 1-18-12, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). PROFFER 5: The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. PROFFER 6: The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. PROFFER 7: To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. PROFFER 8: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 8 PROFFER 9: Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. PROFFER 10: The following uses will not be permitted on Parcel B as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 11: The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel A are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 12: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2009 Proffers. PROFFER 13: 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. BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 9 FROM: PRINCESS ANNE SQUARE CONDOMINIUM ASSOCIATION OF VIRGINIA BEACH, VA, BOARD OF DIRECTORES SUBJECT: Parcel B, Subdivision of Princess Anne Square; South Plaza Trail near its intersection with Princess Anne Road; GPIN 1476-60-2957 ATTN: Carolyn Smith The Princess Anne Square Condominium Association Board of Directors would like to express their thanks to Mr. Michael Burnette, Burnette Capital LLC, for reaching out to the Board to forewarn us of his intention in regards to the parcel of aforementioned land located on South Plaza Trail. He continues to update the Board periodically. He met with the Board to explain that Burnette Capital LLC is interested in purchasing the parcel that connects to the Association's property. A previous proposal from another prospective business had already come before the Board concerning a car repair facility at this location. When we heard what Mr. Burnett was proposing, we were relieved to hear that it was going to be a three story storage facility and all storage units would be contained within the building. The Princess Anne Square Condominium Association Board of Directors unanimously endorses the present proposed plans for a three story enclosed storage unit that Michael Burnette, of Burnette Capital LLC, presented to the Board. If the City Council or Planning Board needs any further feedback from the Board, feel free to call David Hicks, Board President, at 757-621-4602 or email David Hicks President Princess Anne Condominium Association Board Of Directors LETTER OF SUPPORT PRINCESS ANNE SQUARE CONDOMINIUM ASSOC. BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 10 AERIAL OF SITE LOCATION BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 11 bINI�tlIA'H�V3B 1NI�MIA 13I1JS10 11VN 3SUu 156109.9[s I NWS 3DV lO1S H321V VZVld Hinds uoil)nllsuoD 10) lou - 6uinnelp /uru!wpld gool Nom; 1011. LI ., lgPU I� BMWraM B3 ,., �1�=5: w:�;dWi- -103"W NVId 11)OAVI 143JNOJ f� 1 J i PROPOSED SITE LAYOUT BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 12 r 11 irtil Ire, l0(H RpWIre, 1 1 1 at V voslAV 8 0000000000000 00000000000 ..nom DUI 0 9 t- 0 CURRENTLY APPROVED SITE LAYOUT BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 13 ,. as, 0 PROPOSED FACADE FACING SOUTH PLAZA TRAIL BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 14 PP W� PROPOSED FRONT & NORTH SIDE FACADES BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 15 PROPOSED FRONT & SOUTH SIDE FACADES BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 16 pi 8 PROPOSED SOUTH SIDE & REAR FACADES BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 17 ROSE HALL Map E-9 Map Not to Scale Burnette Capital Investments, L.L.C. 'Zoning with Conditions/Proffers. Open Space Promotion CUP for Self Storage Facility Modification of Proffers ZONING HISTORY # DATE REQUEST ACTION 1 03/27/12 Modification to Proffers (Conditional Change of Zoning) Granted Modification of Conditions (Use Permit) Granted 02/09/10 Modification to Proffers (Conditional Change of Zoning) Granted Use Permit (auto service) Granted 02/23/99 Change of Zoning (R-7.5 to Conditional B-2) Granted Use Permit (gasoline sales & car wash) Granted 2 02/23/99 Change of Zoning (R-7.5 to Conditional A-12) Granted 3 09/09/09 Modification of PD -H Land Use Plan Granted 04/24/07 Modification of PD -H Land Use Plan Granted 09/09/03 Change of Zoning (PD -H1 to Conditional A-12) Granted 4 06/13/06 Change of Zoning (R-7.5 to Conditional A-18) Granted 5 10/09/07 Modification to Proffers (Conditional Change of Zoning) Granted 09/09/03 Change of Zoning (PD -H1 to Conditional B-2) Granted BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 18 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) Burnette Capital Investments, LLC: William R. Burnette, Jr., Manager 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 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) Reed Enterprises, Inc.: Neal Reed, President/Secretary/Treasurer 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) CCheck 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 em Ioyee of the City of Virginia Beach have an interest in the subject land? Yes II No I/ii If yes, what is the name of the official or employee and the nature of their interest? • 1 1 c M M .41 F • c F ►1► TT1 TTI VL T I T DISCLOSURE STATEMENT BURNETTE CAPITAL INVESTMENTS, LLC `Agenda Item 1 Page 19 1 '4 4 y4 4 4 4 4 1 a a 1 1 1 s 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) Vandeventer Black, P.C. GMF & Associates Martin Engineering Sykes, Bourdon, Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (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 1 owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the ' business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature applicant) Property pp cant) Owner's Signature (if di Brent th William R. Burnette, Jr., Manager Print Name Neal Reed, President Print Name DISCLOSURE STATEMENT BURNETTE CAPITAL INVESTMENTS, LLC Agenda Item 1 Page 20 Item #1 Burnette Capital Investments, L.L.C. Modification of Proffers Conditional Use Permit East side of South Plaza Trail, 300 feet northeast of its Intersection with Princess Anne Road District 3 Rose Hall October 8, 2014 CONSENT An application of Burnette Capital Investments, L.L.C. for (a) Modification of Conditional Change of Zoning approved by the City Council on March 27, 2012; and (b)Conditional Use Permit (Self - Storage Facility) on property located on East side of South Plaza Trail, 300 feet northeast of its intersection with Princess Anne Road, District 3, Rose Hall. GPIN: 14766029570000. PROFFERS PROFFER 1 When the Property (Parcel B) is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled, "SOUTH PLAZA AREA STORAGE, CONCEPTUAL LAYOUT PLAN," prepared by Martin Engineering and dated 07/30/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Site Plan"). PROFFER 2 The freestanding sign depicted on the Parcel B Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 3 The exterior of the building designated on the Parcel B Site Plan as "Proposed Three Story Self Storage," shall have an architectural design and utilize the exterior building materials substantially as depicted and designated on the four (4) page exhibit entitled, "SOUTH PLAZA TRAIL STORAGE, A PROPOSED COMMERICAL STORAGE FACILITY FOR BURNETTE CAPITAL," prepared by GMF & Associates, dated 7-30-14, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). PROFFER 4 The following uses will not be permitted on the Property (i.e. Parcel B): a) bulk storage yards and building contractors yards; b) flea markets; Item #1 Burnette Capital Investments, L.L.C. Page 2 c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 5 All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 6 (see Page 8 of this report for the proffers referenced below) The Covenants, Restrictions and Conditions set forth herein partially replace, restate and supersede proffers numbered 1, 3, 4, 8 and 10 to the extent that said proffers are applicable to the Property (i.e. Parcel B). PROFFER 7 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. Any freestanding sign associated with this site shall be monument style and limited to eight feet in height. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole -mounted lighting shall be utilized on the southern (rear) half of the property. Only building -mounted or fence -mounted pack lights may be used. 3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. No outdoor vending machines and/or display of merchandise shall be allowed. 5. Any dumpster on the site shall not be tipped between the hours of 9:00 p.m. and 7:30 a.m. Item #1 Burnette Capital Investments, L.L.C. Page 3 6. No bulk storage shall be permitted on the site at any time. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 7. Other than the ingress/egress point, streetscape landscaping shall be installed along the entire length of the South Plaza Trail frontage. 8. The number of parking spaces on the site cannot exceed the number depicted on the plan unless an administrative variance is reviewed and approved by the Planning Director. 9. As required by the Zoning Ordinance, drive aisles shall be limited to 26 feet in width. 10. As depicted on the exhibit referenced in Proffer 1, a buffer with a minimum width of 30 feet along the rear property line and 20 feet along the northern property line, both adjacent to the existing A-12 zoned properties, shall be installed with Category IV screening as described by the City of Virginia Beach Landscaping Guide. 11. No doors shall be permitted along the rear of the building, unless otherwise required by the Building Official's Office. 12. The self -storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 13. No barbed wire or razor wire shall be installed on the roof or walls of the building or on any fence on the property. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approved item 1. AYE 9 NAY 0 ABS 1 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER ABS Item #1 Burnette Capital Investments, L.L.C. Page 4 By a vote of 9-0-1, with abstention so noted, the Commission approved item 1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -9142 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 7, 2014 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson Ci4 DEPT: City Attorney RE: Conditional Zoning Application; Burnette Capital Investments, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 18, 2014. I have reviewed the subject proffer agreement, dated August 1, 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 Hassen PREPARED BY: SYLES. iOURD®N. Oil MEIN & LEVY, R.C. PARTIAL THIRD AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BURNETTE CAPITAL INVESTMENTS, LLC, a Virginia limited liability company REED ENTERPRISES, INC., a Maryland corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT made this 1st day of August, 2014, by and between BURNETTE CAPITAL INVESTMENTS, LLC, a Virginia limited liability company, party of the first part, Grantor; REED ENTERPRISES, INC., a Maryland corporation, 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 second part is the owner of a parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1.460 Acres which is more particularly described as Parcel 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the "Property", along with the party of the second part, have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Second Amendment to Covenants, Restrictions and GPIN: 1476-60-2957 Prepared By & Return To: R. Edward Bourdon, Jr., Esquire VSB #2216o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: OM SUES, POURDON. • A1I{RN & .IVY. Q.C. Conditions dated January 31, 2012, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120405000369280 (hereinafter "2012 Proffers"), to reflect amendments applicable to the land use plan on that portion of the land which is herein described as the Property; 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 Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the 2 PREPARED BY: ariSYEEs. I OURDON. AIIERN & LEVY. P.C. 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 (Parcel B) is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "SOUTH PLAZA AREA STORAGE, CONCEPTUAL LAYOUT PLAN", prepared by Martin Engineering and dated 07/30/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Site Plan"). 2. The freestanding sign depicted on the Parcel B Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. 3. The exterior of the building designated on the Parcel B Site Plan as "Proposed Three Story Self Storage", shall have an architectural design and utilize the exterior building materials substantially as depicted and designated on the four (4) page exhibit entitled, "SOUTH PLAZA TRAIL STORAGE A PROPOSED COMMERCIAL STORAGE FACILITY FOR BURNETTE CAPITAL", prepared by GMF & Associates, dated 7-30-14, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel B Elevations"). 4. The following uses will not be permitted on the Property (i.e. Parcel B): a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. The Covenants, Restrictions and Conditions set forth herein partially replace, restate and supersede proffers numbered 1, 3, 4, 8 and 10 to the extent that said proffers are applicable to the Property (i.e. Parcel B). 7. 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. PREPARED BY: RI13 SYVES. POURDON. A9WERN & LEVY. P.C. The Grantors further covenant and agree that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors 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. (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; (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (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 names of the Grantors and the Grantee. PREPARED BY: Wiffi SYZES, BOURDON. d� ABERN & LRVY. P.C. WITNESS the following signature and seal: Grantor: Burnette Capital Investments, LLC, a Virginia limited liability company By:0)1A AA cttP( (SEAL) William R. Burnette, r., Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1st day of August, 2014, by William R. Burnette, Jr., Manager of Burnette Capital Investments, LLC, a Virginia limited liability company, Grantor. A4-4 Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: MI SYKES. PO[JRD®N. rj1I A -1ERN & LEVY. E.C. WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Maryland corporation By: Neal Reed, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1st day of August, 2014, by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. A-y/1U (61Y11 I a - Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: am SYKES. 3OUiRDON. rGS I AHERN & LEVY. P.0 EXHIBIT "A" PARCEL 2: ALL THAT certain lot, piece or parcel of land, designated and described as "PARCEL B" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEING A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROWN'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF CH & B ASSOCIATES (D.B. 1626, P. 12) (M.B. 44, P. 11), VIRGINIA BEACH, VIRGINIA, SCALE: 1" = loo FEET", dated December 10, 1999, and revised March 30, 2000, made by John E. Sirine and Associates, Ltd., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 287, at Pages 6 and 7. GPIN: 1476-60-2957 H:\AM\Mod of Proffers\Burnette Capital Investments\3rd Amendment to Proffers.doc PREPARED BY: Q.: SYCES. BOURDON. .�� A11ERN & LEVY. P.C. Modification of Conditions ' Zoning with Conditions/Proffers. Open Space Promotion ITEM: EVERGREEN VIRGINIA, LLC (Applicant / Owner) A. Modification of Proffers of the Conditional Zoning Agreement approved by the City Council on 10/24/2006. B. Modification of Conditions of a Conditional Use Permit (Motor Vehicle Sales and Service) approved by the City Council on 10/24/2006. 5301 Virginia Beach Boulevard (GPIN 1467664306). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: November 18, 2014 • Background: The applicant requests a modification of the conditions and proffers approved by City Council on October 24, 2006, for the purpose of constructing a service area addition and canopy. Uses on the site consist of an automobile sales establishment, service center, car rental establishment, and carwash. The first Use Permit for the property was for automobile sales and service, approved on May 23, 1988. Since that time, the operation has grown in size, subsequently requiring additional Use Permits and Modifications. All of those actions are summarized in the attached report. • Considerations: The current modifications will allow the construction of an addition to the existing building for the purpose of expanding the service area and will also allow the attachment of a canopy to the building. The addition will be similar in style and materials to the existing building. The applicant also proposes a 2,333 square foot building canopy, also located at the rear of the existing building. The canopy will be constructed of high-quality materials and will have a color pattern (white, gray, and red) to match the sales center. The portions of the site where the additions are proposed currently consist of a drive aisle and 61 parking spaces. The applicant will replace those parking spaces by reconfiguring the parking area and adding a new paved area at the southwest corner of the site. This work will result in a net gain of six parking spaces. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. EVERGREEN VIRGINIA Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the rezoning to the City Council as proffered and the Conditional Use Permit with the conditions recommended by Staff: PROFFERS: PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag Toyota, Virginia Beach, Virginia" dated July 1, 2014 prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, the buildings depicted on the exhibits entitled "Exterior Building Elevations, Checkered Flag Toyota, Service Addition," dated August 14, 2014, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: Except as herein amended, the use of the Property shall be as outlined in the original Proffered agreement as modified and supplemented by Proffers duly approved by the City Council of the City of Virginia Beach on October 23, 2001, March 8, 2005, April 25, 2006 and October 24, 2006 as follows: a. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; b. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; c. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006; and d. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2006, as Instrument No. 20061031001650940 as approved by the Virginia Beach City Council EVERGREEN VIRGINIA Page 3 of 4 on October 24, 2006. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated September 16, 2014, and found it to be legally sufficient and in acceptable legal form. CONDITIONS: All conditions attached to the Conditional Use Permits granted by City Council on May 23, 1988, May 25, 1993, December 6, 1994, October 10, 2000, October 23, 2001, May 28, 2002, and September 13, 2011 and the subsequent Modification of Conditions granted on March 8, 2005 and October 24, 2006 shall be deleted and replaced with the following: 1. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be planted along the southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A photometric plan shall be submitted for Development Services Center at development site plan review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way. 7. With the exception of any modification required by other conditions of this Use Permit or as a result of the development site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED EVERGREEN VIRGINIA Page 4 of 4 FLAG TOYOTA, VIRGINIA BECH, VIRGINIA", dated 07/01/14 and prepared by MSA, P.C. 8. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building canopy shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. The color of the canopy shall be a combination of red, white, and/or gray to match the color scheme of the existing sales center. 9. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building addition shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. 10. The building height of the service area addition shall not exceed 35 feet. 11. Use of all service areas shall be limited to normal operating hours. 12. The automated car wash shall adhere to the following: a. Building height shall be limited to 35 feet; b. The exterior building colors shall be neutral and match those of the existing front facade of the sales, service, and rental building; c. No use by the general public of the car wash shall be permitted; d. Use shall be limited to normal operating hours; e. No exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department •z...-caw.a.oAx.... o'.. Span D Jon Modification of Conditions 5 October 8, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: EVERGREEN VIRGINIA, L.L.C. STAFF PLANNERS: Kevin Kemp and James McNamara REQUEST: (a) Modification of Proffers of the Conditional Zoning Agreement approved by the City Council on October 24, 2006 (b) Modification of Conditions of a Conditional Use Permit (Motor Vehicle Sales and Service) approved by the City Council on October 24, 2006. ADDRESS / DESCRIPTION: 5301 Virginia Beach Boulevard GPIN: 14676643060000 4 ELECTION DISTRICT: SITE SIZE: AICUZ: 2 - KEMPSVILLE 10.8 Acres <65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a modification of the conditions and proffers approved by City Council on October 24, 2006, for the purpose of constructing a service area addition and canopy. Uses on the site consist of an automobile sales establishment, service center, car rental establishment, and carwash. The first Use Permit for the property was for automobile sales and service, approved on May 23, 1988. Since that time, the operation has grown in size, subsequently requiring additional Use Permits and Modifications. The following table shows all of those actions. City Council Action Date Conditional Use Permit (automobile sales and service) May 23, 1988 Conditional Use Permit (motor vehicle sales expansion) May 25, 1993 Rezoning (R-7.5 to Conditional B-2) December 6, 1994 Conditional Use Permit (motor vehicle sales, rental and repair) December 6, 1994 Conditional Use Permit (motor vehicle sales) October 10, 2000 Rezoning (R-7.5 to Conditional B-2) October 23, 2001 Conditional Use Permit (motor vehicle sales) October 23, 2001 EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 1 Conditional Use Permit (motor vehicle rentals) May 28, 2002 Rezoning (R-7.5 to Conditional B-2) March 8, 2005 Modification of Conditions March 8, 2005 Modification of Conditions and Proffers October 24, 2006 Conditional Use Permit (car wash) September 13, 2011 The most recent Use Permit has nine conditions. The proffers approved with the October 24, 2006 Modification of Proffers also remain in effect. These conditions and proffers are listed below. Conditions approved with use permit- September 13, 2011 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review. 2. Existing "nonconforming" free-standing signs shall be removed. Signs shall meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 7. No load speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 9. The automated car wash shall adhere to the following: a. building height shall be limited to 35 feet, b. the exterior building colors shall be neural and match those of the existing front facade of the sales, service and rental building, c. no use by the general public of the car wash shall be permitted, d. use shall be limited to normal operating hours, and e. no exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. Proffers approved with modification- October 24, 2006 PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "Checkered Flag Toyota & BMW Expansion Master Site Modification Plan, Virginia Beach, Virginia," dated June 1,2006, prepared by Landmark Design Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). EVERGREEN VIRGINIA, LL.0 Agenda Item 5 Page 2 PROFFER 2: When the Property is developed, the buildings depicted on the exhibits entitled "Proposed Elevations for Checkered Flag Toyota, Virginia Beach, Virginia," and "Proposed Elevations for Checkered Flag BMW Virginia Beach, Virginia," both dated May 31, 2006, prepared by Lyall Design Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: The use of the Property shall be automobile sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Virginia Beach on October 23, 2001, modified on March 8, 2005 and April 25, 2006. PROFFER 4: Further conditions will supersede all previous proffers approved by the Virginia Beach City Council as follows: Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001 in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001;that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005 , as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on May4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Details The submitted site plan shows the addition of a 13,450 square foot service area located at the rear of the existing two-story sales center. The addition will be similar in style and materials to the existing building. The applicant also proposes a 2,333 square foot building canopy, also located at the rear of the existing building. The canopy will be constructed of high-quality materials and will have a color pattern (white, gray and red) to match the sales center. The portions of the site where the additions are proposed currently consist of a drive aisle and 61 parking spaces. The applicant will replace those parking spaces by reconfiguring the parking area and adding a new paved area at the southwest corner of the site. This work will result in a net gain of six parking spaces. A subterranean stormwater management system will likely be installed under the new paved area, and will be designed during the formal site plan review process. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Automobile sales, service and rental facility SURROUNDING LAND North: • Virginia Beach Boulevard USE AND ZONING: • Commercial retail center / B-2 Community Business EVERGREEN VIR-QINtA, Agenda Rep 5 Page 3 District South: • Office use / B-2 Community Business District East: • Retail and office use / B-2 Community Business District West: • Clearfield Avenue • Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is almost entirely developed with buildings and impervious surface cover. The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: This site is located within the Western Campus District area of the Pembroke Strategic Growth Area. The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies the general vision for this area as a central urban core with a vertical mix of urban uses, 'great streets,' mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas. The Western Campus District portion of the plan calls for a park -like academic and recreational setting showcasing a pedestrian -friendly district that will draw 'School -to -Job' training as well as a mix of uses to complement and support the economic development activity of the new downtown. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is access to this site from Virginia Beach Boulevard and Clearfield Avenue. Virginia Beach Boulevard is an eight -lane major urban arterial with a 155 -foot wide right-of-way. Clearfield Avenue is a two-lane undivided collector / local street that is not included in the Master Transportation Plan. There are currently no Roadway Capital Improvement Program projects programmed for either of these roadways within the vicinity of this application. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 34,729 ADT 1 34,940 ADT 1(Level of Service "C") 56,240 ADT 1 (Level of Service "D") 64,260 ADT 1 (Level of Service "E") Existing Land Use 2 - 1,379 ADT Proposed Land Use 3 1,817 ADT 'Average Daily Trips 2 as defined by existing automobile sales and service use 3 as defined by area of additional and existing automobile sales and service sales WATER: This site is connected to City water. There are existing 16 -inch and 20 -inch City water mains along Virginia Beach Boulevard and an existing 8 -inch City water main along Clearfield Avenue. The existing 1.5 -inch domestic water meter (City ID #95028379), 5/8 -inch irrigation meter (City ID #95028859) and fire meter (City ID #95027930) can be used or upgraded to accommodate the proposed development. EVERGREEN VIRGINIA, L C `Agenda Itrn 5 Page 4 SEWER: This site is connected to City sewer. There are two existing 10 -inch City sewer gravity mains along Virginia Beach Boulevard, an existing 6 -inch City sewer force main along Virginia Beach Boulevard, an existing 12 -inch City sewer gravity main along Clearfield Avenue and an existing 8 -inch City sewer force main along Clearfield Avenue. Analysis of Pump Station #356 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION The applicant is requesting to modify the existing conditions and proffers for the purpose of accommodating the addition of a service area and canopy at the rear of the existing automobile sales center. No change of use is proposed with this application and automobile sales and service is compatible with the other uses on Virginia Beach Boulevard in the vicinity of this property. As such, staff does not anticipate that this request would have any negative impacts on adjacent properties. While, as noted in the Comprehensive Plan Section, the proposed use is not consistent with the Comprehensive Plan's recommendation for this area of the Pembroke SGA, the existing automobile sales and service center is consistent with the existing character of the area, and is deemed appropriate as a continued interim use until market-driven redevelopment trends of the surrounding area result in land use and development consistent with the recommendations of the Pembroke SGA Master Plan. The submitted building elevations show that the proposed additions to the site will be consistent in architectural style, quality, and color to the existing sales center. The only proposed change to currently undeveloped land is the addition of a row of stacked parking at the southwest corner of the site. Landscape plantings will be installed along the Clearfield Avenue right-of-way to match the existing landscape buffer along the roadway. Since this proposal increases the impervious cover on the site, a stormwater management strategy will need to be provided during formal site plan review. In sum, staff recommends approval of the requested modifications with the proffers and conditions below. • 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 developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag Toyota, Virginia Beach, Virginia" dated July 1, 2014 prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). EVERGREEN VIRGINIA, 14.C. Agenda Item 5 Page 5 PROFFER 2: When the Property is developed, the buildings depicted on the exhibits entitled "Exterior Building Elevations, Checkered Flag Toyota, Service Addition," dated August 14, 2014, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: Except as herein amended, the use of the Property shall be as outlined in the original Proffered agreement as modified and supplemented by Proffers duly approved by the City Council of the City of Virginia Beach on October 23, 2001, March 8, 2005, April 25, 2006 and October 24, 2006 as follows: a. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; b. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; c. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006; and d. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2006, as Instrument No. 20061031001650940 as approved by the Virginia Beach City Council on October 24, 2006. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable and will ensure that the site will be developed in accordance with the submitted details including, but not limited to, the conceptual layout and the building design. This proffer agreement provides a high level of predictability of the final outcome of development of this site. The City Attorney's Office has reviewed the proffer agreement dated September 16, 2014, and found it to be legally sufficient and in acceptable legal form. 4 CONDITIONS All conditions attached to the Conditional Use Permits granted by City Council on May 23, 1988, May 25, 1993, December 6, 1994, October 10, 2000, October 23, 2001, May 28, 2002, and September 13, 2011 and the subsequent Modification of Conditions granted on March 8, 2005 and October 24, 2006 shall be deleted and replaced with the following: EVERGREEN VIRGINIA, L.L.C.':Agenda Item 5 Page 6 1 Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be planted along the southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A photometric plan shall be submitted for Development Services Center at development site plan review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights- of-way. 7. With the exception of any modification required by other conditions of this Use Permit or as a result of the development site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG TOYOTA, VIRGINIA BECH, VIRGINIA", dated 07/01/14 and prepared by MSA, P.C. 8. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building canopy shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. The color of the canopy shall be a combination of red, white, and/or gray to match the color scheme of the existing sales center. 9. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building addition shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. 10. The building height of the service area addition shall not exceed 35 feet. 11. Use of all service areas shall be limited to normal operating hours. 12. The automated car wash shall adhere to the following: a. Building height shall be limited to 35 feet; b. The exterior building colors shall be neutral and match those of the existing front facade of the sales, service, and rental building; c. No use by the general public of the car wash shall be permitted; d. Use shall be limited to normal operating hours; e. No exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 7 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to 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. EVERGREEN VIRGINIA, L C,. Agenda Item 5 Page 8 AERIAL OF SITE LOCATION EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 9 VIRGINIA BEACH BLVD. ) 'i1•i7I,.T ;Ci i,1 lj�rat' -3521_ i!l� i6li,l�t1t� riT cr PROPOSED ADDITION 0 0 LI_ Q Q 0 W i uui Q X w D. LU Q W � 7 v 5 PROPOSED CANOPY L __-A • • 'il, PROPOSED ADDITIONAL PARKING AREA PROPOSED SITE LAYOUT EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 10 1 4 1 v u 0 0 0 8 A v CXTERIOR BURRING ELEVAIIONS CHECKERED PROPOSED BUILDING ELEVATIONS EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 11 PROPOSED BUILDING CANOPY EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 12 KEMPSVILLE Map D-6 Ma. Not to Scale ' Zoning with Conditions)Proffers. Open Space Promotion Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 09/13/2011 Conditional Use Permit (Carwash) Approved 10/24/2006 Modification of Conditional Use Permit Approved 04/25/2006 Modification of Conditional Use Permit Approved Rezoning (R-7.5 to Conditional B-2) 03/08/2005 Modification of Conditional Use Permit Approved Rezoning (R-7.5 to Conditional B-2) 04/10/2002 Conditional Use Permit (Motor vehicle sales) Approved 10/23/2001 Conditional Use Permit (Motor vehicle sales & service) Approved Rezoning (R-7.5 to Conditional B-2) 10/10/1994 Conditional Use Permit (Motor vehicle sales & service) Approved Rezoning (R-7.5 to Conditional B-2) 05/25/1993 Conditional Use Permit (Parking lot & storage) Approved 05/23/1988 Conditional Use Permit (Motor vehicle sales & service) Approved 2 01/11/2005 Rezoning (R-7.5 to Conditional B-2) Approved 3 10/29/2002 Conditional Use Permit (School) Approved 4 06/09/1998 Conditional Use Permit (Communications tower) Approved 5 02/24/1998 Conditional Use Permit (Motor vehicle rentals) Approved 6 03/14/1995 Conditional Use Permit (Church and school additions) Approved EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 13 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 1€4t S,ktiPf 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 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 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 cial or employee and the nature of their interest? l • DISCLOSURE STATEMENT EVERGREEN VIRGINIA, L.L.C. `'Agenda Item 5 Page 14 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) cX\ dt5 j,i - PIC. L 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: 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 als• onsents to entry upon the subject property by employees of the Department of Planning to p j_ograph _ • d view the site for purposes of processing and evaluating this application. pli n gnatu Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT EVERGREEN VIRGINIA, L.L.C. Agenda Item 5 Page 15 Item #5 Evergreen Virginia, L.L.C. Modification of Proffers Modification of Conditions 5301 Virginia Beach Boulevard District 2 Kempsville October 8, 2014 CONSENT An application of Evergreen Virginia, L.L.C. for (a) Modification of Proffers of the Conditional Zoning Agreement approved by the City Council on October 24, 2006; and (b) Modification of Conditions of a Conditional Use Permit (Motor Vehicle Sales and Service) approved by the City Council on October 24, 2006 on property located at 5301 Virginia Beach Boulevard, District 2, Kempsville. GPIN: 14676643060000. PROFFERS PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag Toyota, Virginia Beach, Virginia" dated July 1, 2014 prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, the buildings depicted on the exhibits entitled "Exterior Building Elevations, Checkered Flag Toyota, Service Addition," dated August 14, 2014, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: Except as herein amended, the use of the Property shall be as outlined in the original Proffered agreement as modified and supplemented by Proffers duly approved by the City Council of the City of Virginia Beach on October 23, 2001, March 8, 2005, April 25, 2006 and October 24, 2006 as follows: a. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; Item #5 Evergreen Virginia, L.L.C. Page 2 b. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; c. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006; and d. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2006, as Instrument No. 20061031001650940 as approved by the Virginia Beach City Council on October 24, 2006. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be planted along the southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A photometric plan shall be submitted for Development Services Center at development site plan review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final site plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way. 7. With the exception of any modification required by other conditions of this Use Permit or as a result of the development site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, "CONCEPTUAL SITE LAYOUT Item #5 Evergreen Virginia, L.L.C. Page 3 PLAN OF CHECKERED FLAG TOYOTA, VIRGINIA BECH, VIRGINIA", dated 07/01/14 and prepared by MSA, P.C. 8. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building canopy shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. The color of the canopy shall be a combination of red, white, and/or gray to match the color scheme of the existing sales center. 9. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building addition shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. 10. The building height of the service area addition shall not exceed 35 feet. 11. Use of all service areas shall be limited to normal operating hours. 12. The automated car wash shall adhere to the following: a. Building height shall be limited to 35 feet; b. The exterior building colors shall be neutral and match those of the existing front facade of the sales, service, and rental building; c. No use by the general public of the car wash shall be permitted; d. Use shall be limited to normal operating hours; e. No exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approved item 5. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE Item 445 Evergreen Virginia, L.L.C. Page 4 RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 5 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -9152 TO: FROM: B. Kay Wilso RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 7, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Evergreen Virginia, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 18, 2014. I have reviewed the subject proffer agreement, dated September 16, 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 Hassen This Document Prepared by: Morris H. Fine, VSB #4074 Fine, Fine, Legum & McCracken, LLP 210I Parks Avenue, Suite 30.0 Virginia Beach, VA 23451 THIS AGREEMENT made this 16th day of September, 2014 by and between EVERGREEN VIRGINIA, LLC, a Virginia limited liability company, Property Owner, herein referred to as Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Kempsville Magisterial District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify and amend that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Page 1 of 6 C PIN 1467-66-4306 Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006; that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2006, as Instrument No. 20061031001650940 as approved by the Virginia Beach City Council on October 24, 2006; and the Zoning Classification of the Property from R-7.5 Residential District to Conditional B-2 Community Business District (Conditional); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed Modification to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said Modification to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning Page 2 of 6 and the need for which is generated by rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Checkered Flag Toyota, Virginia Beach, Virginia" dated July 1, 2014 prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the buildings depicted on the exhibits entitled "Exterior Building Elevations, Checkered Flag Toyota, Service Addition," dated August 14, 2014, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. Except as herein amended, the use of the Property shall be as outlined in the original Proffered agreement as modified and supplemented by Proffers duly approved by the City Council of the City of Virginia Beach on October 23, 2001, March 8, 2005, April 25, 2006 and Page 3 of 6 October 24, 2006 as follows: a. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; b. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; c. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006; and d. Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2006, as Instrument No. 20061031001650940 as approved by the Virginia Beach City Council on October 24, 2006. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by Page 4 of 6 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 such 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 Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions 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 Page 5 of 6 issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: EVERGREE V ' GINIA, LLC By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Stephe M. Sny r, Manager I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Stephen M. Snyder, Manager of Evergreen Virginia, LLC, whose name is signed as such to the foregoing instrument dated the 16`h day of September, 2014 did personally appear before me in myCityand State aforesaid and acknowledge the same before ��:'�..��',:,. g �,; Exhibit "A" ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, containing 10.8041 acres, more or less, and known, numbered and designated as Parcel A- 1 -A2 as shown on that certain plat entitled "Plat Showing Subdivision of Parcel A -I -A (Inst. #20060817001259230) 5301 Virginia Beach Blvd., Parcel: 1467-66-6379, Virginia Beach, Virginia" said plat having been recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20101022001122310 and more particularly described as follows: Beginning at the intersection of the southerly right of way of Virginia Beach Boulevard, a variable width public right of way, and the westerly right of way of Clearfield Avenue, a variable width public right of way, thence with the southerly right of way of Virginia Beach Boulevard, the following courses and distances: S64 -33-00E 138.18 feet to a point; N12 -21-01E 2.00 feet to a point; S64 -33-00E 90.48 feet to a point; S20 -05-52W 2.00 feet to a point; S64 -33-00E 255.58 feet to a point being a northwesterly property corner of Parcel A -1-A1, subdivision of Parcel A -1-A; thence, departing the southerly right of way of Virginia Beach Boulevard and with the property lines of Parcel A -1-A1, the following courses and distances: S25 -17-21W 233.78 feet to a point; S59 -40-19E 122.50 feet to a point; S30 -19-41W 55.02 feet to a point; S 19-01-49E 41.73 feet to a point; S64 -38- 22E 122.68 feet to a point; S10 -03-05W 210.65 feet to a point; S80 -25-42E 177.82 feet to a point; S19 -08-59E 30.27 feet to a point; SI 8-21-14W 93.75 feet to a point being On the northerly property line of the now or formerly TRC Center, LLC property; thence N81 -06-19W 666.32 feet, with the northerly property line of the now or formerly TRC Center, LLC property, to a point being a northeasterly property corner of the now or formerly Runnymede Corporation property; thence, with the property lines of the now or formerly Runnymede Corporation property, the following courses and distances: N13 -59-46E 5.00 feet to a point; N77 -41-08W 194.70 feet to a point on the aforementioned westerly right of way of Clearfield Avenue; thence, with the westerly right of way of Clearfield Avenue, the following courses and distances: N 12-04-28E 600.42 feet to a point; S77 -42- 52E 5.00 feet to a point; N12 -09-44E 238.21 feet to a point; N49 -25-05E 10.68 feet to the point of beginning and containing 470,628 square feet or 10.8041 acres of land. CUP for Vocational School Zoning with Conditions/Proffers. Open Space Promotion 1,aik rs CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ARACELI T. MARCIAL (Applicant) / BYLER ENTERPRISES (Owner), Conditional Use Permit (Vocational School). 5441 Virginia Beach Boulevard (GPIN 1467477344). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: November 18, 2014 ■ Background: The applicant requests a Conditional Use Permit for a vocational school, specifically a training center for nurse aides. The existing two "L" shaped buildings located on the site were built in 1984, and are primarily occupied by office uses. The applicant proposes no changes to the building. The submitted site plan shows that the existing parking lot has 80 spaces, meeting the parking requirements of Section 203 of the Zoning Ordinance. The suite occupied by the applicant is 1,143 square feet, and contains several office and training rooms and one restroom. • Considerations: The applicant has been operating the business at this location since 1996. The applicant provides a vocational school for nurse aide training, an adult education training program, approved by the Virginia State Board of Nursing. The eight to nine week course teaches the students the skills necessary to pursue a career in nursing, and includes CPR Certification, lessons in the theory and principles of nursing, and hands-on clinical experience. Hours of operation for the school are Monday through Friday, 9 a.m. to 10 p.m. The days that classes are held will vary depending on registration; however, they are usually on Monday and Wednesday, and have ten students or less. On days that classes are not being held, the space may be used to perform graduation exercises and workshops. There are Tess than 25 people present at these activities. Further details pertaining to the proposal, as well as Staff's evaluation of the request, 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 10-0, to recommend approval of this request to the City Council with the following condition: ARACELI MARCIAL Page 2 of 2 The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division. • Attachments: Staff Report 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: AK KEMPSVILLE Map C-6 Araceli T. Marcial • Zoahq c«,aronsPMS,. a.. 5..o. Promo/en CUP for Vocational School REQUEST: Conditional Use Permit (Vocational School) 9 October 8, 2014 Public Hearing ADDRESS / DESCRIPTION: 5441 Virginia Beach Boulevard, Suite 107 GPIN: ELECTION DISTRICT: SITE SIZE: 14674773440000 KEMPSVILLE 2.56 acres 4 APPLICANT: ARACELI T. MARCIAL PROPERTY OWNER: BYLER ENTERPRISE STAFF PLANNER: Kevin Kemp AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • The applicant requests a Conditional Use Permit for a vocational school, specifically a training center for nurse aides. The existing two "L" shaped buildings located on the site were built in 1984, and are primarily occupied by office uses. The applicant proposes no changes to the building. The submitted site plan shows that the existing parking lot has 80 spaces, meeting the parking requirements of Section 203 of the Zoning Ordinance. The suite occupied by the applicant is 1,143 square feet, and contains several office and training rooms and one restroom. The applicant has been operating the business at this location since 1996. The applicant provides a vocational school for nurse aide training, an adult education training program, approved by the Virginia State Board of Nursing. The eight to nine week course teaches the students the skills necessary to pursue a career in nursing, and includes CPR Certification, lessons in the theory and principles of nursing, and hands-on clinical experience. Hours of operation for the school are Monday through Friday, 9 a.m. to 10 p.m. The days that classes are held will vary depending on registration; however, they are usually on Monday and Wednesday, and have ten students or less. On days that classes are not being held, the space may be used to perform graduation exercises and workshops. There are less than 25 people present at these activities. ARACELI T. MARCIAL Agenda Item 9 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office uses SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Virginia Beach Boulevard • Commercial Strip Center / B-2 Community Business District • School; undeveloped land / A-12 Apartment & R-7.5 Residential Districts • Offices / B-2 Community Business District • Auto repair; offices / B-2 Community Business District The site is almost entirely developed with one-story office buildings and paved parking surface. The site lies within the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the 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. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other nonresidential with respect to type, size, intensity, and relationship to surrounding uses. (p. 3-1 through 3-3) 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard at this location is an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 -foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at Level of Service C. No Roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 34,729 ADT 1 34,940 ADT 1(Level of Service "C") 56,240 ADT 1 (Level of Service "D") Existing Land Use z 13 ADT Proposed Land Use 3 ,-, t ADT 64,260 ADT (Level of Service "E") 'Average Daily Trips las defined by office use with 1,143 square feet 'as defined by a vocational school with 1,143 square feet WATER: This site currently connects to City water. There are existing 16 -inch and 20 -inch City water mains along Virginia Beach Boulevard. The existing one -inch domestic water meter (City ID #53015009) can be used or upgraded to accommodate the proposed development as needed. SEWER: This site currently connects to City sewer. There is an existing 15 -inch City sewer gravity main along Virginia Beach Boulevard (west of property), and an existing 10 -inch City sewer gravity main along Virginia Beach Boulevard (east of the property). There is an existing and an abandoned 16 -inch City sewer force main along Virginia Beach Boulevard. EVALUATION AND RECOMMENDATION This request for a vocational school for nurse aid training is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The applicant has been operating at this location since 1996, and proposes no changes to the operation or facilities. A vocational school is compatible with the other uses existing on the site, and with the character of the surrounding area. Additionally, the site provides ample parking to accommodate the traffic that is generated by this use. For the reasons stated above, Staff recommends approval of this request with the condition listed below. CONDITION The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division. 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. ARACEI T. MAR AL i'AAgenda I 9 P-3 AERIAL OF SITE LOCATION ARACELI T. MARCIAL Agenda Item 9 Page 4 3N43"4 SITE PLAN SHOWING LOCATION OF SCHOOL ARACELI T. MARCIAL Agenda Item 9 Page 5 3 13 /4 a/8 11 x 9x9's AZALIN YtIfjt *107 1143.2 square feet !p4 x7, 10'x PPS FLOOR PLAN ARACELI T. MARCIAL Agenda Item 9 Page 6 KEMPSVILLE p Map toC-6 Scale Araceli T. Marcial 'Zoning with ConditionaiProfera, Open Space Promotion CUP for Vocational School ZONING HISTORY # DATE REQUEST ACTION 1 02/26/2008 Use Permit (Fuel Sales with Convenience Store) Approved 2 03/09/2004 Use Permit (Motor Vehicle Sales) Approved 3 08/12/2003 Use Permit (Student Center) Approved 05/09/1983 Use Permit (Group Home) Approved 4 12/03/2002 Use Permit (Religious Use) Approved 04/22/1985 Use Permit (Religious Use) Approved 5 07/02/2002 Use Permit (Religious Use) Approved 6 03/12/2002 Use Permit (Small Engine Repair) Approved 7 06/08/1993 Use Permit (Automobile Repair) Approved 8 07/14/1986 Change of Zoning (A-1 to B-2) Approved 9 11/28/1983 Change of Zoning (R-6 to B-2) Approved ARACELI T. MARCIAL Agenda Item 9 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) p g,4EL L -r. rilAyi,ha i 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A 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) Byler Enterprises / ( IAA &A., v (A 1 G4 Ps ( V 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No 1>1 If yes, what is the name of the official or employee and the nature of their interest? 4 1 1 1 1 1 1 DISCLOSURE STATEMENT ARACELI T. MARCIAL Agenda Item 9 Page 8 1 1 1 i 1 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N/A ' "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. Cts / / >Y 0 -1 --- Applicants Signature Prdperty Owner's Signature Araceli T. Marcial Print Name different than apIp icant Print Name SrOblzPF DISCLOSURE STATEMENT ARACELI T. MARCIAL Agenda Item 9 Page 9 Item #9 Araceli T. Marcial Conditional Use Permit 5441 Virginia Beach Boulevard District 2 Kempsville October 8, 2014 CONSENT An application of Araceli T. Martial for a Conditional Use Permit (Vocational School) on property located at 5441 Virginia Beach Boulevard, Suite 107, District 2, Kempsville. GPIN: 14674773440000. CONDITIONS The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division. 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. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 9. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE Item #9 Araceli T. Marcial Page 2 REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 9 by consent. The applicant Araceli Marcia) appeared before the Commission. , CUP for Religious Uses Zoning with Conditions/Proffers. Open Space Promotion ITEM: KINGDOM INVESTING OUTREACH CENTER (Applicant) / A.V. Associates, LLLP (Owner), Conditional Use Permit (Religious Use). 4525 E. Honeygrove Road (GPIN 1478555470). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: November 18, 2014 • Background: The applicant requests a Conditional Use Permit to allow a religious use on the site. The 1.9 -acre site contains three, one-story brick buildings that are primarily occupied with low -intensity office uses. • Considerations: The applicant proposes to occupy a majority of the building located at the south end of the property. The submitted floor plan depicts a 2,788 square foot worship center, several classrooms, offices, and a conference room. The applicant states they may lease the remaining space in the building; however, it is not known when this may occur. The worship area will accommodate seating for 175 people. The Sunday worship service will be at 10:00 a.m., and the business hours of the church will be 9:00 a.m. to 2:00 p.m., Monday through Friday. The space will also be used to accommodate various other church -related activities throughout the week, predominately in the evening hours. The submitted site plan shows 85 parking spaces, exceeding the number required by the Zoning Ordinance. The site is maintained well and is visually appealing, with mature landscaping planted along E. Honeygrove Road, within an island in the parking area, and the along the front of the buildings. The applicant proposes no changes to the exterior of the building, except the addition of signage. All renovations will consist of modification of the interior space to accommodate the church facilities. Further information, as well as Staff's evaluation of the request, 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 10-0, to recommend approval of this request to the City Council as with the following conditions: KINGDOM INVESTING CENTER Page 2of2 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. 2. A Sign Permit shall be obtained from the Zoning Office of the Planning Department for any building or freestanding sign that is replaced or added to the building or property. • Attachments: Staff Report 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: Kingdom Investing Outreach Center • Zmip nM CadYauPiNMs. Open Spn hernolian 02• CUP tor Religious Uses REQUEST: Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 4525 E. Honeygrove Road 8 October 8, 2014 Public Hearing APPLICANT: KINGDOM INVESTING OUTREACH CENTER PROPERTY OWNER: A V ASSOCIATES, LLLP, MICHAEL RASHKIND, GENERAL PARTNER GPIN: ELECTION DISTRICT: SITE SIZE: 14785554700000 BAYSIDE 1.9 acres STAFF PLANNER: Kevin Kemp AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background / Details The applicant requests a Conditional Use Permit to allow a religious use on the site. The 1.9 -acre site contains three, one-story brick buildings that are primarily occupied with low -intensity office uses. The applicant proposes to occupy a majority of the building located at the south end of the property. The submitted site plan shows 85 parking spaces, exceeding the number required by the Zoning Ordinance. The site is maintained well and is visually appealing, with mature landscaping planted along E. Honeygrove Road, within an island in the parking area, and the along the front of the buildings. The applicant proposes no changes to the exterior of the building, except the addition of signage. All renovations will consist of modification of the interior space to accommodate the church facilities. KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 1 The submitted floor plan depicts a 2,788 square foot worship center, several classrooms, offices, and a conference room. The applicant states they may lease the remaining space in the building; however, it is not known when this may occur. The worship area will accommodate seating for 175 people. The Sunday worship service will be at 10:00 a.m., and the business hours of the church will be 9:00 a.m. to 2:00 p.m., Monday through Friday. The space will also be used to accommodate various other church -related activities throughout the week, predominately in the evening hours. EXISTING LAND USE: Offices SURROUNDING LAND USE AND ZONING: LAND USE AND COMPREHENSIVE PLAN North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • East Honeygrove Road • Health and Rehabilitation Center / 0-2 Office District • Single-family dwellings / R-10 Residential District • Townhome dwellings / A-12 Apartment District • Honeygrove Way • Restaurant; Bank / B-2 Community Business District A majority of the site is developed with three, one-story brick office buildings and paved parking area. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the 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. Achieving these goals requires that all land use activities, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site, buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) 4 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Honeygrove Road at this location is a two-lane undivided collector street. It is not included in the Master Transportation Plan. Honeygrove Way at this location is a two-lane undivided local street. It is not KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 2 included in the Master Transportation Plan. There are no Roadway Capital Improvement Program projects programmed for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic E. Honeygrove No traffic There is no capacity Weekday Road counts information provided for Existing Land Use 2— available this roadway 31 ADT Proposed Land Use 3 107 ADT Sunday Existing Land Use 2- 3 ADT Proposed Land Use 3 324 ADT 'Average Daily Trips las defined by office- 2,788 square feet Sas defined by church and outreach center- 175 seats WATER: This site is connected to City water. There is an existing eight -inch City water main along E. Honeygrove Road. There are several water meters that can be used or upgraded to accommodate the proposed development, if needed. SEWER: This site is connected to City sewer and discharges to Pump Station #341. There is an existing eight -inch City sanitary sewer gravity main along E. Honeygrove Road. 0 EVALUATION AND RECOMMENDATION This request for a religious facility is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. A religious use is compatible with the other uses on the site, and with the surrounding commercial, office, and residential uses. The proposed use will have a minimal impact on the site and surrounding area, as the times when it generates the highest volumes of traffic coincide with when the other business on the site are closed. The applicant proposes no changes to the exterior of the building or site, except the addition of signage, which will comply with all Zoning Ordinance requirements. For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 3 the Planning Department prior to the issuance of a Business License. 2. A Sign Permit shall be obtained from the Zoning Office of the Planning Department for any building or freestanding sign that is replaced or added to the building or property. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all 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. KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 4 AERIAL OF SITE LOCATION KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 5 SITE PLAN FOR KINGDOM INVESTING OUTREACH CENTER EAST HONEYGROVE ROAD _�— �s� 1i r I u G 9 rzt"-'w 11,7 r 0l oI 0I 01 of 01 MoSAcir 0,041011‘• ro 0 oI ole„ J 00000o 0 0 0 0 000040 '0ooq.. 0000go r0000 -matt 'C' 0.000 o.4�b AREA OCCUPIED BY PROPOSED CHURCH err ao u�v POSSIBLE FUTURE EXPANSION SITE PLAN KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 6 PROPOSED FLOOR PLAN FOR KINGDOM INVESTING OUTREACH CENTER 1 L p PARKING LOT SIDE OF BUILDING NW li LD r D IA" Z O NZ — Z Q Ox aw PROPOSED FLOOR PLAN KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 7 BAYSI DE Map E-5 Map Not to Scale Kingdom Investing Outreach Center •Zoning with Conditions Proffers, Open Space Promotion CUP for Religious Uses ZONING HISTORY # DATE REQUEST ACTION 1 12/03/2013 Change of Zoning (B-2 to A-36) Approved 2 11/24/2009 Use Permit (Indoor recreation facility) Approved 3 10/28/2003 Street Closure Approved 4 02/08/1988 Change of Zoning (B-2 to 0-1) Approved 02/08/1988 Use Permit (Nursing Home) Approved 5 08/21/1972 Use Permit (Townhomes) Approved 6 11/09/1970 Use Permit (Office) Approved 11/14/1966 Use Permit (Office) Approved KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 8 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) Phillip & Tonyea Smith --n—SE 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None CCheck 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) A V Associates, LLLP Michael Rashkind, General Partner 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach List if necessary) I I 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 em Ioyee of the City of Virginia Beach have an interest in the subject land? Yes II No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 9 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Phillip G. Smith Print Name lova Print Name G6t DISCLOSURE STATEMENT KINGDOM INVESTING OUTREACH CENTER Agenda Item 8 Page 10 Item #8 Kingdom Investing Outreach Center Conditional Use Permit 4525 E. Honeygrove Road District 4 Bayside October 8, 2014 CONSENT An application of Kingdom Investing Outreach Center for a Conditional Use Permit (Religious Use) on property located at 4525 E. Honeygrove Road, District 4, Bayside. GPIN: 14785554700000. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. 2. A Sign Permit shall be obtained from the Zoning Office of the Planning Department for any building or freestanding sign that is replaced or added to the building or property. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 8. AYE 10 NAY 0 ABS 1 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT I N MAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS WEINER AYE By a vote of 9-0-1, with the abstention so noted, the Commission approved item 8 for consent. 1LI SYKES, BOURDON, gam '\ ERN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH. VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 Via Hand Delivery and Email Stephen J. White Department of Nanning Building 2, Room 115 Municipal Center Virginia Beach, Virginia 23456 September 19, 2014 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T CROMWELL. L. STEVEN EMMERT KIMBERLY E. HARTIN ANGELINA S. LEE KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. 'Admitted in Virginia and Washington DC Re: Application of Five Mile Stretch Associates, LLC for Change of Zoning District Classification from AG -i & AG -2 Agricultural District to Conditional PDH -2 Planned Unit Development District with an underlying R -5D Density on an assemblage of 8 parcels containing 37.08 acres on the northeast side of Princess Anne Road, south of Ferrell Parkway, Princess Anne District Dear Stephen: On behalf of Five Mile Stretch Associates, LLC, I am writing to request that the above referenced application be placed back on City Council's agenda for Tuesday, November 18, 2014. This application was deferred indefinitely by Council on June 17, 2014. If you have any questions or concerns or if there are any problems with having this matter placed on the November 18, 2014 City Council agenda, please do not hesitate to contact me. With best regards, I am Very truly yours, Edw Bourdon, Jr. REBjr/arhm cc: B. Kay Wilson, Associate City Attorney Ruth Hodges Fraser, City Clerk R.J. McGinnis, Five Mile Stretch Associates, LLC Vanessa Phillips Flores, Kotarides Development H:\AM\Conditional Rezoning\Five Mile Stretch\White_Ltr 9-19-14.doc Change of Zoning from AG-1/AG-2 to PD-H2 fR-1 DI C 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-10]. 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494479615; 1494461695). PRINCESS ANNE DISTRICT. MEETING DATE: November 18, 2014 • Background: The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural Districts to PD -H2 Planned Unit Development District [R-10]. The Planning Commission acted on this request on July 10, 2013. The City Council deferred the request on August 27, 2013, October 22, 2013, April 8, 2014, and June 17, 2014. 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 applicant's proposed plan consists of 94 Tots (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. The design of the project provides 37 percent of the site as open space. Prior to and subsequent to the June 17 deferral, the applicant has conducted Phase I and Phase II archaeological surveys of the development site (see attached timeline of activities). The surveys were a component of the non -tidal wetlands permitting process of the Corps of Engineers (Corps). Federal regulations implementing Section 106 of the National Historic Preservation Act (NHPA) require the Corps to take into account the effects of the proposed permitted action on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits. Accordingly, the Virginia Department of Historic Resources (DHR), which acts as the State Historic Preservation Office (SHPO) under the provisions of NHPA, requested and reviewed the archaeological surveys. Five Mile Stretch Associates, LLC Page 2of4 As a result of the surveys, a small area of the proposed development was identified as being eligible for inclusion in the NRHP. A "Memorandum of Agreement (MOA) among Princess Anne Meadows, LLC [the applicant], the Virginia State Historic Preservation Office, and the Norfolk District, Corps of Engineers" pertaining to additional research of the identified area, as well as protection of the historic resources throughout the development site has been agreed upon and executed. An additional participant in the preparation of the MOA was Ms. Susan Moore, a resident of Christopher Farms, a nearby neighborhood. In summary, the MOA requires the applicant to, among other actions, do the following: 1. Develop and implement a data recovery plan for the site identified as being eligible for the NRHP [no development activity can occur in this area until the SHPO allows it]; 2. Conduct a detailed survey of and develop and implement a plan for the Brown Family Cemetery (the general area shown on the proffered plan as cemetery and open space); and 3. Cease construction activity in the immediate area (100 -foot radius) around any human skeletal material or grave -related features that are encountered outside the cemetery preservation area as well as any potential historic resources uncovered anywhere within the development site (the MOA provides the process to be followed upon such a finding). The MOA also provides requirements regarding the preparation of report documents and their submission, the professional qualifications of those who conduct the research, and the method by which all resources are to be deposited for permanent curation with DHR. 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. Specific details pertaining to the proposed development are provided in the attached staff report. ■ 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. PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not Five Mile Stretch Associates, LLC Page 3 of 4 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 ingress and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. 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 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 5,000 square feet 50 feet 20 feet 12 feet Five Mile Stretch Associates, LLC Page 4 of 4 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-10 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. 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 Copy of MOA and Proffered Plan showing Area of Interest Timeline of Natural Resource and Historic Survey Activities Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. 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 b( 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. 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. THIS REPORT IS A REVISED VERSION OF THE REPORT PROVIDED TO THE PLANNING COMMISSION. THIS REPORT REFLECTS THE MOST RECENT LAND USE PLAN, PROFFERS, AND INFORMATION AS OF NOVEMBER 7, 2014. PRINCESS ANNE b.lapp 11.1-11 lbl ro ti:ak Five Mile Stretch Associates, LLC s..r ..n.... o..... . IIA=Mbc wrYry Ingle t A An. Change o/ Zoning from AG-1/AG-2 to PD -H2 underly,ng 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-10 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 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant has consolidated six 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-10 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 Tots (density of 2.92 units per acre), which FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 1 is compatible to nearest residential developments. Single-family residential developments in the surrounding area have the following density levels: a. b. c. d. Christopher Farms (Phases 1 and 2) -- 2.7 units per acre Christopher Farms (Phase 3) [formerly known as Pleasant Acres] — 2.28 units per acre Buryn Farm South — 2.77 units per acre 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-10 Residential, many of the lots in this development are adjacent to open space, resulting in the lots that that have a sense of greater size than the actual lot size. The design of the project provides 11.16 acres of open space, which equates to 37 percent of the site acreage. 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 (3.23 acres of total dedication). There is an old cemetery area located north of the Dominion Virginia Power right-of-way. The cemetery contains several graves that are most likely associated with members of the families who have lived on these properties for over 100 years. The applicant's proposed plan preserves the 0.75 -acre cemetery and the area around it as open space. The cemetery will be enclosed with a four -foot high wrought -iron style fence. There is additional information pertaining to the cemetery and the historic resources on the site in the "Natural Resource and Cultural Features" section. 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. There are four access points on the north side of Princess Anne Road: (1) Curry Comb Court; (2) opposite Tournament Drive (future intersection of connector roadway from Holland Road — London Bridge Road Extended); (3) the subject private road access point; and (4) an opening for future access point to and from the Southeastern Parkway and Greenbelt (SEP&G). The applicant will be improving the private 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. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: • 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 FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 2 West • Undeveloped land / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The applicant has conducted Phase I and Phase II archaeological surveys of the development site. The surveys were a component of the non - tidal wetlands permitting process of the Corps of Engineers (Corps). Federal regulations implementing Section 106 of the National Historic Preservation Act (NHPA) require the Corps to take into account the effects of the proposed permitted action on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits. Accordingly, the Virginia Department of Historic Resources (DHR), which acts as the State Historic Preservation Office (SHPO) under the provisions of NHPA, requested and reviewed the archaeological surveys. As a result of the surveys, a small area of the proposed development was identified as being eligible for inclusion in the NRHP. A "Memorandum of Agreement (MOA) among Princess Anne Meadows, LLC [the applicant], the Virginia State Historic Preservation Office, and the Norfolk District, Corps of Engineers" pertaining to additional research of the identified area, as well as protection of the historic resources throughout the development site has been agreed upon and executed. An additional participant in the preparation of the MOA was Ms. Susan Moore, a resident of Christopher Farms, a nearby neighborhood. In summary, the MOA requires the applicant to, among other actions, do the following: 1. Develop and implement a data recovery plan for the site identified as being eligible for the NRHP [no development activity can occur in this area until the SHPO allows it]; 2. Conduct a detailed survey of and develop and implement a plan for the Brown Family Cemetery (the general area shown on the proffered plan as cemetery and open space); and 3. Cease construction activity in the immediate area (100 -foot radius) around any human skeletal material or grave -related features that are encountered outside the cemetery preservation area as well as any potential historic resources uncovered anywhere within the development site (the MOA provides the process to be followed upon such a finding). The MOA also provides requirements regarding the preparation of report documents and their submission, the professional qualifications of those who conduct the research, and the method by which all resources are to be deposited for permanent curation with DHR. 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. FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 3 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 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: FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 4 (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. 4 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. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road (Existing) 21,000 ADT' (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 z — 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' (Level of Service "C") Up to 34,900 ADT 1(Level of Service "D" - Capacity) 'Average Daily Trips 2 as 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 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. The developer FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 5 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 less 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 lots, 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 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 1"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). 4 EVALUATION AND RECOMMENDATION FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 6 The applicant has consolidated six 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-10 Residential]. The proposed community consists of 94 single-family lots, 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 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 FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 7 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 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." 4 FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 8 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: When the Property is developed, vehicular ingress and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. 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 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 5,000 square feet 50 feet 20 feet FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 9 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 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-10 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. 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. June 17, 2014 City Council Hearing Page 10 AERIAL OF SITE LOCATION FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 11 c a En -8 (7, N ‘.i' ,'.g a) .`i' N Q, E ii - a CN 01 O �Q N N Tu - .N. D n Z ON_i .E. c,8 No_cnoCS Q u O QV)O M N "oSticQpy>.>NH EN C.1''_.E £ Nia) �'yNV,N aEcc°''o °'_ai aiONa n j�0yz 00J cr 0 a) 00! E-0 al V c U O 0« W A N D 3;j -T O (% N V 0 O O O E .0 ` ON-o0O. aa, . ceOyyyOO OE O . O_00z03_QG DCDCD PROPOSED SITE PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 12 st • 6,0 01, PRINCESS GRAPHIC SCALE LAND USE PLAN PROPOSED DEVELOPMENT PLAN (Enlarged) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 13 I MOW mi II .—jL -- I 111111MW lir,. I I .... .. e k • I ' , ' 1. . am la • a ''',1$ , Liiillfa. ' " e. ,,,,, , ,i if ',CANE NI MI .//f — • .2egi411Y . A.,,,, tie - . ..y ......„._ ... : , ... en.erings are for illustrative pur.oses an. EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 14 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 15 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 16 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 17 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 18 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 19 on to vary based on garage door location EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 20 c 0 c 0 0 v en m 0 O •0 d p O 0 O O Q T •0 00 M O 0 t O 0 0 0 O 0 O 0 O O 0 by EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 21 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 22 EXAMPLE BUILDING ELEVATION DEPICTING OVERALL DESIGN AND MATERIALS (Proffer 3) FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 23 PRINCESS ANNE II!:p -11 t to H,1Scale Five Mile Stretch Associates, LLC Kntr ' Zoning whh Cond lons,Proffers, Open Space Promotion orPDH•2 Overlays ITA = Inter/wilily Traffic Area Change of Zoning from AG-I/AG-2 to PD -H2 underlying R -5D ZONING HISTORY # DATE REQUEST ACTION 1 01/09/2007 Conditional Use Permit (Outdoor recreation — golf course) Approved 2 03/14/2000 Conditional Use Permit (Outdoor recreation — golf course) Approved 3 05/27/1997 Subdivision Variance Approved FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 24 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below (Attach 1st 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-suubsidlory1 or affiliated business entity2 relationship with the applicant (Attach fist ifnecessary) 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 ifproperty owner is afferent from applicant ff 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: (Math list ffnecessary) Five Mile Stretch Associates LLC, R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent-aubsidiaryl or affiliated business entity2 relationship with the applicant (Attach list if necessary) McGinnis Realty and Development Company ❑ 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? Collations' rezoning Application Page 11 012 Revised 11/162006 CONDITIONAL REZONING APPLICAT DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Heaiing Page 25 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., Attorney Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation drecdy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Confid of Interests Act, Va. Code § 2.2-3101. 2 "Mated business entity relationship' means 'a relationship, other than parent - subsidiary relationship, that erns when (i) one business entity has a controlling ownerehip interest in the other business entity, (N) 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 determinkng 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 tends or assets: the business entities share the use of the same offices or employees or otherwise share actMtles, 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 public hearing, I am responsible for obtaining and pooling the required sign on the subject property at least 30 days prior to the scheduled public hewing according to the lnsbuxdlons 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. Five Sketch Associatps, LLC natirre Ma aging Member Print Name Property Owner's Signature (if different than applicant) Print Name condittnel Rezoning Appel:Ow Page2 Rsv sd 113/t202 of 07 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 26 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Five Mile Stretch Associates LLC R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent-subsidiaryt 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 ifnecessary) Estate of Annie B. Setzer and Brown K. Setzer C/O James T. Cromwell, Special commissioner 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, fine, 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 El If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Applleaeon Page 11of12 Revised 11/162006 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C.. June 17, 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., Attorney 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, (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 indude 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 entitles 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 entitles." 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 notifcaton (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 best 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. Fiv 401 i • Stretch Associates, LLC Appti•7s Print Name Signature Managing Member Sign Elms r?. Cran,i_41//� different than pliant) Print Name T7 James T. Cromwell, Special Commissioner Estates of Annie B. and Brown K. Setzer Conditional Rezoning AppBnaon Page 12of12 Revised 7/312007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 28 CONDITIONAL REZONING APPLICATION DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or w171 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 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 iAflated 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, (11) 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 entitles 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. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public healing, 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 Plan' • toand view the site for purposes of processing and evaluating this application.Five tret�ch As j dates, LLC ALL • • 7. 's . not v lint Name ..7;75v/4 A. if/e,/411,-7f. Pr• • _ ers Sig ature ( than applicant) Print Name Jo • ph A. Walton Conditional Rezoning Applic ion Page 12of12 Revised 7/3/2007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 29 CONDITIONAL REZONING APPLICATION L 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 W 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 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 ail) 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 worldng relationship between the enttiies' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtainaig 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 m . . and view the site for purposes of processing and evaluating this application. Five • . tretch Associates, LLC 9f, Ap.ii.: i, S'.n: u aging ember Property e r s i9 = = (it different than applicant) Joseph F nils alton, Managing Member `1eViet/44f • Print Name ,+ JOft!�q �t' 'J W /7144 Print Name? �. Conditional Rezoning Application Page 12of12 Revised 7!92007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. June 17, 2014 City Council Hearing Page 30 MEMORANDUM OF AGREEMENT AMONG PRINCESS ANNE MEADOWS, LLC, THE VIRGINIA STATE HISTORIC PRESERVATION OFFICE, AND THE NORFOLK DISTRICT, CORPS OF ENGINEERS RELATIVE TO PRINCESS ANNE MEADOWS IN VIRGINIA BEACH, VIRGINIA OCTOBER 2014 1. WHEREAS, Princess Anne Meadows, LLC (Permittee) proposes to construct a residential development on 37.09 -acres to collectively be known as "Princess Anne Meadows" located in Virginia Beach, Virginia (the Project); and 2. WHEREAS, pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, 16 U.S.C. 470f, and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits: Procedures for Protection of Historic Places, the US Army Corps of Engineers (Corps) is required to take into account the effects of federally permitted undertakings on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits for the undertaking and to consult with the Virginia State Historic Preservation Office (SHPO); and 3. WHEREAS, pursuant to Section 404 of the Clean Water Act, a permit from the Corps is required for permanent and temporary impacts to 0.597 acres of jurisdictional wetlands as defined by the Corps to construct the Project; and 4. WHEREAS, the Corps, in consultation with the Department of Historic Resources (DHR), which serves as the SHPO in Virginia, has determined that the Area of Potential Effects (APE) (Corps Permit Area) for this project is the 37.09 acre development as shown on attached map (Attachment A); and 5. WHEREAS, the Permittee has completed the identification of historic properties and the Corps, in consultation with the SHPO, finds that the Phase I identification survey and the Phase II evaluation study titled Phase I Archaeological Survey of the Five Mile Stretch Project Area and Phase II Archaeological Evaluation of Site 44VB0166 Virginia Beach, Virginia (Dutton et al. 2014) meets the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation (48 FR 44734-37, September 29, 1983), and the Corps and DHR accept the report as a reasonable and good faith effort to identify historic properties; and 6. WHEREAS, the Corps, in consultation with the SHPO and other consulting parties, has determined, and the SHPO has concurred, that Site 44VB0166 as depicted on the attached map (Attachment B) is eligible for inclusion in the NRHP; and 7. WHEREAS, the Corps, in consultation with the SHPO and other consulting parties, has determined, and the SHPO has concurred, that the undertaking will have an adverse effect on Site 44VB0166; and Page 1 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA 8. WHEREAS, the Corps has invited the participation of the Advisory Council on Historic Preservation (ACHP) in this consultation, and the ACHP has declined to participate; and 9. WHEREAS, the Corps has invited the Permittee to participate in this consultation and to sign this Memorandum of Agreement (Agreement) as an invited signatory; and 10. WHEREAS, the Corps has invited the City of Virginia Beach to participate in this consultation and to sign this Agreement as a concurring party, and the City of Virginia Beach has declined to participate; and 11. WHEREAS, the Corps has invited Ms. Susan Moore to participate in this consultation and to sign this Agreement as a concurring party, and she has elected to participate. 12. NOW THEREFORE, in order to satisfy the Corps' Section 106 responsibilities to take into account the effects of the undertaking requiring Corps permits on historic properties, the Corps and the SHPO agree that the Corps may issue a permit to the Permittee for the Project and such permit will require compliance with this Agreement as a permit condition; thereby effectively incorporating all terms, provisions and stipulations of this Agreement as conditions to the permit such that if any provision or stipulation herein is not fulfilled, such failure will constitute noncompliance with the permit, and the Corps may pursue enforcement and may seek all available remedies. STIPULATIONS The Corps shall ensure that the following stipulations are carried out: I. TREATMENT OF ARCHEOLOGICAL SITE 44VB0166 a. The Permittee shall develop a data recovery plan in consultation with the Corps, the SHPO, and the other consulting parties for Site 44VB0166. The data recovery plan shall be consistent with the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation (48 FR 44734-37, September 29, 1983) and the DHR's Guidelines for Conducting Historic Resources Survey in Virginia (October 2011) and shall take into account the ACHP's publications Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites (1999; updated July 26, 2002) and Section 106 Archaeology Guidance (June 2007). The plan shall specify at a minimum, the following: 1. the portion of site 44VB0166 where site specific data recovery plans will be carried out; 2. the portion of the site 44VB0166 to be preserved in place, if any, as well as the measures to be taken to ensure continued preservation; Page 2of15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA 3. any property, properties, or portions of properties that will be destroyed or altered without data recovery; 4. the research questions to be addressed through data recovery, with an explanation of their relevance and importance; 5. the methods to be used with an explanation of their relevance to the research questions; 6. the methods to be used in analysis, data management, and dissemination of data, including a schedule; 7. the proposed disposition of recovered materials and records; 8. proposed methods of disseminating the results of the work to the interested public and/or organizations who have expressed an interest in the data recovery, subject to revision based on the results of the data recovery proceeds; and 9. a schedule for the submission of progress reports to the Corps, the SHPO and other consulting parties. b. The Permittee shall submit the draft data recovery plan to the Corps and the SHPO for review and acceptance. The Permittee shall provide one (1) copy to the consulting parties for review and comment. All comments received within 30 days shall be addressed in the final data recovery plan. Following acceptance in writing from the Corps, the Permittee shall proceed to implement the data recovery plan. c. The Permittee shall ensure that the approved data recovery plan is implemented prior to those project activities that could affect the archaeological site. d. The Permittee shall notify the Corps, SHPO, and the other consulting parties in writing once the fieldwork portion of the data recovery plan is complete and provide a brief management summary so that a site visit may be scheduled, if requested. After consultation with the SHPO and other consulting parties on the sufficiency of the fieldwork, the Corps may approve implementation of the undertaking's construction or construction related ground disturbing activities in the area and within the boundary of the affected archaeological site while the technical report is in preparation. e. The Permittee and/or its assignees may photograph the work and artifacts, and display on a temporary or permanent basis artifacts or images, with the exception of human remains, funerary objects, or sacred items, in an appropriate place within the Project. f. The Permittee shall prepare a report (following the requirements for preparation and review of draft and final reports in Stipulation V) of the results of the data recovery plan within one (1) year of the notification that fieldwork has been completed. When the final report has been approved by the Corps, the Permittee Page 3 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA shall provide two (2) copies of that document, bound and on acid -free paper and one electronic copy in Adobe® Portable Document Format (.pdf) to the SHPO; and one copy to each of the other consulting parties in a format of their choosing. II. TREATMENT OF BROWN FAMILY CEMETERY a. Within 60 days of purchase of the property comprising the Project by Permittee and full execution of this Agreement, the Permittee shall, in compliance with Stipulation IV, prepare and submit for approval to the SHPO an intensive level survey form through DHR's Virginia Cultural Resource Information System (V- CRIS) for the Brown family cemetery located within the Project APE. The survey documentation shall include: 1. Detailed data and discussion regarding the delineation efforts; 2. Site plan showing the location of all identified graves; and 3. Discussion of the Brown family's background and involvement in the community. b. The Permittee shall prepare a plan for the avoidance of the Brown family cemetery, which shall include: 1. Intensive level survey documentation as required by Stipulation Il.a; 2. Sufficient and defensible buffer around the cemetery; 3. Appropriate physical protections for the cemetery during and after construction; and 4. A provision to require recordation of the cemetery in the Virginia Beach Land Records. c. The Permitee shall submit the cemetery avoidance plan to the Corps, SHPO, and other consulting parties for review. The SHPO and consulting parties shall provide comments to the Corps within 30 days of receipt of the avoidance plan. The Corps shall consider all timely comments prior to its approval of the plan. Upon approval, the Permittee shall fully implement the avoidance plan. d. In the unlikely event that human skeletal material or grave related features are encountered during construction outside the cemetery preservation area, all work shall cease in the immediate area of the discovery and the steps outlined in Stipulations VII and VIII below shall be followed. Page 4 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA III. REPORTING REQUIREMENTS Upon the completion of all stipulations to this Agreement, the Permittee shall provide to the Corps, the SHPO, and other consulting parties a signed memorandum documenting that the Permittee has fulfilled all its responsibilities under this Agreement. IV. PROFESSIONAL QUALIFICATIONS All archaeological and/or architectural work carried out pursuant to this Agreement shall be conducted by or under the direct supervision of an individual or individuals who meets, at a minimum, the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738-9, September 29, 1983) in the appropriate discipline. V. PREPARATION AND REVIEW OF DOCUMENTS a. Except as otherwise stated elsewhere in the stipulations, the Permittee shall submit a draft of all technical reports, treatment plans and other documentation to the Corps (one (1) copy) and the SHPO (two (2) copies) and to other consulting parties (one (1) Copy) for 30 -day review and comment. The Permittee shall address all comments received within thirty (30) days of confirmed receipt in the revised technical report/documentation. Following written acceptance by the Corps, the Permittee shall provide two (2) copies of all final reports, bound and on acid -free paper, and one electronic copy in Adobe® Portable Document Format (.pdf) to the SHPO and one (1) copy (.pdf or hardcopy) to the Corps, and one (1) copy to other consulting parties in a format of their choosing. b. All technical reports prepared pursuant to this Agreement will be consistent with the federal standards entitled Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines (48 FR 44716-44742, September 29, 1983) and the DHR's Guidelines for Conducting Historic Resources Survey in Virginia (October 2011), or any subsequent revisions or replacements of these documents. c. The SHPO and other consulting parties agree to provide comments on all technical reports, treatment plans, and other documentation arising from this Agreement within thirty (30) calendar days of receipt. If no comments are received from the SHPO or other consulting parties within the thirty (30) day review period, the Permittee may assume the non -responding party has no comments. VI. CURATION Within thirty (30) days of the Corps' acceptance of the final technical report, the Permittee shall deposit all archaeological materials and appropriate field and research notes, maps, drawing and photographic records collected as a result of archaeological investigations arising from this Agreement (with the exception of Page 5 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA human skeletal remains and associated funerary objects) for permanent curation with the DHR, a repository which meets the requirements in 36 CFR 79, Curation of Federally Owned and Administered Archeological Collections. The Permittee shall provide the Corps with a copy of the curation agreement as evidence of its compliance with this stipulation. All such items shall be made available to educational institutions and individual scholars for appropriate exhibit and/or research under the operating policies of the DHR. VII. POST -REVIEW DISCOVERIES a. The Permittee shall ensure that the following provision is included in all construction contracts involving subsurface activity: "If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify Princess Anne Meadows, LLC of the discovery and implement interim measures to protect the discovery from looting and vandalism." b. Immediately upon receipt of the notification required in the above Stipulation, the Permittee shall 1. inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. clearly mark the area of the discovery; and 3. implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have a professional archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify the Corps, the SHPO, and other consulting parties of the discovery and describe the measures that have been implemented to comply with this Stipulation. c. Upon receipt of the information required in the above Stipulation, the Corps shall provide the Permittee, the SHPO, and other consulting parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects within forty-eight (48) hours. In making its evaluation, the Corps, in consultation with the SHPO and the other consulting parties, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). The Permittee, the SHPO, and other consulting parties shall respond to the Corps' assessment within forty-eight (48) hours of receipt. d. The Corps shall take into account the SHPO and other consulting parties' recommendations on eligibility and treatment of the discovery and will notify the Permittee of any appropriate required actions. The Permittee must comply with the required actions and provide the Corps, the SHPO, and other consulting parties with a report on the actions when implemented. Any actions that the Corps deems appropriate for the Permittee to take with regard to such discovery will Page 6 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If the Permittee fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the permit. e. Construction activities may proceed in the area of the discovery, when the Corps has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete. VIII. HUMAN REMAINS a. The Permittee shall make all reasonable efforts to avoid disturbing gravesites, including those containing Native American human remains and associated funerary artifacts. The Permittee shall treat all human remains in a manner consistent with the ACHP's Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects (February 23, 2007; http://www.achp.gov/docs/hrpolicy0207.pdf). b. The Permittee shall ensure that human skeletal remains and associated funerary objects encountered during the course of actions taken as a result of this Agreement shall be treated in accordance with the Regulations Governing Permits for the Archaeological Removal of Human Remains (Virginia Register 390-01-02) found in the Code of Virginia (10.1-2305, et seq., Virginia Antiquities Act). If removal is proposed, the Permittee shall apply for a permit from the SHPO for the removal of human remains in accordance with the regulations stated above. c. The Permittee shall make a good faith effort to ensure that the general public is excluded from viewing any Native American burial site or associated funerary artifacts. The consulting parties to this Agreement shall release no photographs of any Native American burial site or associated funerary artifacts to the press or general public. The Corps shall notify the appropriate Federally -recognized Tribe(s), and/or appropriate tribal leaders when Native American burials, human skeletal remains, or funerary artifacts are encountered on the project, prior to any analysis or recovery. The Permittee shall deliver any Native American human skeletal remains and associated funerary artifacts recovered pursuant to this Agreement to the appropriate tribe to be reinterred. The disposition of any other human skeletal remains and associated funerary artifacts shall be governed as specified in any permit issued by the SHPO or any order of the local court authorizing their removal. The Permittee will be responsible for all reasonable costs associated with treatment of human remains and associated funerary objects. IX. DISPUTE RESOLUTION a. Should any party to this Agreement object in writing to the Corps regarding any action carried out or proposed with respect to any undertakings covered by this Agreement or to implementation of this Agreement, the Corps shall notify the Page 7 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA other parties of the objection and shall consult with the objecting party to resolve the objection. b. If after initiating such consultation, the Corps determines that the objection cannot be resolved through consultation, the Corps shall forward all documentation relevant to the objection to the ACHP, including the proposed response to the objection. c. Within thirty (30) days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. Advise the Corps that the ACHP concurs with the Corps' proposed response to the objection, whereupon the Corps will respond to the objection accordingly; or 2. Provide the Corps with recommendations, which the Corps shall take into account in reaching a final decision regarding its response to the objection; or 3. Notify the Corps that the objection will be referred for comment pursuant to 36 CFR 800.7(a)(4), and proceed to refer the objection and comment. The Corps shall take the resulting comment into account in accordance with 36 CFR 800.7(c)(4) and Section 110(1) of the NHPA. d. Should the ACHP not exercise one of the above options within thirty (30) days after receipt of all pertinent documentation, the Corps may assume the ACHP's concurrence in its proposed response to the objection. e. The Corps shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; the Corps' responsibility to carry out all the actions under this Agreement that are not the subjects of the objections shall remain unchanged. f. At any time during implementation of the measures stipulated in this Agreement, should an objection pertaining to this Agreement be raised by a member of the public, the Corps shall notify the parties to this Agreement and take the objection into account, consulting with the objector and, should the objector so request, with any of the parties to this Agreement to resolve the objection. X. AMENDMENTS AND TERMINATION a. Any signatory party to this Agreement may propose to the Corps that the Agreement be amended, whereupon the Corps will consult with the other parties to this Agreement to consider such an amendment. All signatories to the Agreement must agree to the proposed amendment in accordance with 800.6(c)(7). b. If the Permittee decides it will not proceed with the undertaking, it shall so notify the Corps, the SHPO, and the other consulting parties and this Agreement shall become null and void. Page 8 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA c. If the Permittee determines that it cannot implement the terms of this Agreement, or if the Corps or SHPO determines that the Agreement is not being properly implemented, the Permittee, the Corps, or the SHPO may propose to the other parties to this Agreement that it be amended or terminated. d. This Agreement may be terminated by any signatory to the Agreement in accordance with the procedures described in 800.6(c)(8). Termination shall include the submission of a technical report or other documentation by the Permittee on any work done up to and including the date of termination. If the Corps is unable to execute another Agreement following termination, the Corps may choose to modify, suspend, or revoke the Department of the Army permit as provided by 33 CFR 325.7. XI. DURATION OF AGREEMENT This Agreement will continue in full force and effect until the earlier of (1) five (5) years after the date of the last signatory party signature or (2) the date the memorandum required under Article III is delivered. The Permittee shall fulfill the requirements of this Agreement prior to and in conjunction with the work authorized by the Department of the Army permit. All obligations under this Agreement must be complete before expiration of this Agreement. If any obligation is not complete, the party responsible for such obligation is in violation of this Agreement; such violation may also constitute a violation of the Department of the Army permit. Failure of the Corps to pursue such violation is NOT a waiver. At any time in the six (6) -month period prior to such date, the Corps may request the signatory parties to consider an extension or modification of this Agreement. No extension or modification will be effective unless all parties to the Agreement have agreed with it in writing. XII. EXECUTION OF AGREEMENT This Agreement may be executed in counterparts, with a separate page for each signatory. The Corps will ensure that each party is provided with a copy of the fully executed Agreement. Execution of this Memorandum of Agreement by the Corps and the SHPO and its submission to the ACHP in accordance with 36 CFR 800.6(b)(1)(iv), shall, pursuant to 36 CFR 800.6(c), be considered to be an agreement pursuant to the regulations issued by the ACHP for the purposes of Section 110(1) of the NHPA. Execution and submission of this Agreement, and implementation of its terms, is evidence that the Corps has afforded the ACHP an opportunity to comment on the proposed undertaking and its effect on historic properties, and that the Corps has taken into account the effect of the undertaking on historic properties. Page 9 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA SIGNATORIES: PERMITTEE PRINCESS ANNE MEADOWS LLC, a Virginia limited liability company By: KOTARIDES OLDINGS LLC, a Virginia limited liability company, Its Manager By: tro Ko ides, Manager Page 10 of 15 Date: 1 0/? MEMORANDUM OF AGREEMENT. PRINCESS ANNE MEADOWS. VIRGINIA BEACH, VIRGINIA NORFOLK DISTRIC1f. U. S. ARMY CORPS OF ENGINEERS Bv: William T. Walker Chief. Regulatory Branch Page 11 of 15 Date: 1 o7/?//y MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH. VIRGINIA VIRGINIA STATE HISTORIC PRESERVATION OFFICER By: C '4 . ''rr <► : 2,�,`, Juli V. Langan, Director /J De•artment of Historic Resources Date: Ai) 4 /1 Page 12 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA Page 13 of 15 Date: '11,/13/1/1 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA Appendix A: Area of Potential Effect • 111112111 re MOO - MIN — - Pf90�ECTAfEA Page 14 of 15 MEMORANDUM OF AGREEMENT, PRINCESS ANNE MEADOWS, VIRGINIA BEACH, VIRGINIA Appendix B: Site 44VB0166 Page 15 of 15 Princess Anne Commons Cultural Resource Phase II And Memorandum of Agreement Timeline 1. December 24, 2014 — Received approved wetlands Jurisdictional Determination 2. February 28, 2014 — Wetlands permit package submitted by Stokes Environmental to the Corps of Engineers (COE) for review and approval. Package included Phase II Cultural Resource Study performed by Dutton and Associates for review and approval by the Virginia Department of Historical Resources (VDHR). 3. May 5, 2014 — Received VDHR comments on initial Phase II study. Comments required a Phase I study of the area North of the Virginia Dominion Power right-of-way (Phase I expansion area). 4. May 8, 2014 — Conference call between the COE, VDHR, Kotarides Developers and Dutton and Associates to review VDHR comments on the Phase II study and VDHR expectations for the Phase I expansion area study. 5. May 27, 2014 — Complete field work portion of the Phase I expansion area study. 6. June 5, 2014 — Revised Phase 11 with Phase I expansion area submitted to VDHR, COE and DEQ for review and comment. 7. July 9, 2014 — Received COE and VHDR comments on the revised Phase II with Phase 1 expansion area. 8. July 10, 2014 — Conference call between COE, VDHR, DEQ Kotarides Developers, Dutton and Associates and Stokes Environmental to discuss VDHR comments received July 10, 2014. 9. August 11, 2014 — Draft MOA and revised Phase II with Phase I expansion area submitted to the COE and DEQ. 10. September 16, 2014 - Received comments from VDHR on the Phase II with Phase I expansion area study submitted August 11, 2014. 11. October 7, 2014 — Received VDHR and COE comments on Draft MOA. 12. October 10, 2014 — Revised Draft MOA and Phase II with Phase I expansion area study addendum material sent to COE for review and approval. 13. October 17, 2014 — Received Final MOA from COE for execution by applicant. 14. October 20, 2014 — Sent applicant executed Final MOA to COE for full execution. In Reply Refer To Our File No. DF -8702 TO: Mark D. Stiles FROM: B. Kay Wilso RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 7, 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 November 18, 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 Hassen PREPARED BY: QM SYKES, BOURDON, MI A9.1ERN & IIVY. 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-i877 (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 #2216o PREPARED BY: • SYKES. ROURDON. d1R AHIERN & LEVY. P.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. CHoi-1o96, 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- 10 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 PREPARED BY: 1!giffll SYKES, BOURDON. 6� AAERN & LEVY, P.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. 3. When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (1o) 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 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 3 PREPARED BY: RV SYKES. BOURDON, GM AHERN & LEVY, EC. 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-10 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 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. PREPARED BY: Q : SYkES. BOURDON. d� Ail ERN & LEVY. P.C. 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; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 5 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: POURDON, G�i� AIIERN & LEVY, P.C. WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia limited liability company By: . 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: WiI3 SYKES, DOURDON, d� AIIURN & LEVY.P.C. WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer and Brown K. Setzer � (SEAL) By: 9 J. 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. 2(.* 776,711-44697 Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: • SYkES, POURDON. • AHERN & LEVY. P.C. PREPARED BY: SYJ IS. BOURDON. MIRRN LEVY. l? C. 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 "3o Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 3o 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 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 30o 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-i877 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: a: SUES. POUPDON. MI AHERN & LEVY. I.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 2-28-14.doc PREPARED BY: • SYLFS, POURDON. d� AII�RN & LEVY, RC. PRINCESS ANNE V •a (.7P4ct Pc CP aJ • • ggMgg Conditional Zoning Change from Conditional 0-1 to B-1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THE STUDIO HAMPTON ROADS, LLC (Applicant) / NORTH LANDING INVESTMENTS, LLC (Owner), Conditional Change of Zoning (0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay]). 2513 North Landing Road (GPIN 1494717090). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: November 18, 2014 • Background: On October 10, 2006, the property was rezoned from AG -2 Agricultural to Conditional 0-1. A one-story, 4,714 square foot office building was constructed, and is now occupied by a dental office and law firm. During development, the existing residential structure on the site, constructed in 1939, was relocated and restored. The applicant requests to change the zoning on the subject property from Conditional 0-1 Office District to Conditional B-1 Neighborhood Commercial District for the purpose of allowing a photography studio on the site. Photography studios are not a permitted use in the 0-1 zoning district. • Considerations: The applicant is proposing no changes to the exterior of the two-story, 1,344 square foot building. Photography sessions will be by appointment only, and the applicant states that most will be on the weekends. A typical weekend would have two to four appointments scheduled. The parking requirement for all of the uses on site is met by the 23 spaces provided on the site. Additionally, the submitted site plan shows an area for possible future expansion of the parking lot if it is needed. This request is consistent with the land use policies outlined in the Comprehensive Plan for non-residential uses in the Transition Area. Low intensity development is desired at this location, and as such, the applicant has proffered that the only uses allowed on the property are photography studios, business studios, offices, and clinics. Further information, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: THE STUDIO HAMPTON ROADS Page 2of2 The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council as proffered: PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. PROFFER 5: Only the following uses shall be permitted on the Property: a. Photography Studio; b. Business Studios, Offices, and Clinics The City Attorney's Office has reviewed the proffer agreement dated August 1, 2014, and found it to be legally sufficient and in acceptable legal form ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department k. PRINCESS ANNE Map 1-12 my, Not0 The Studio Hamjton Roads, L.L.C. •z..p re OM Conditional Zoning Change from Conditional 0-1 to B-1 M[D -1 W labl rid [wlwd District Omar 1 0 October 8, 2014 Public Hearing APPLICANT: THE STUDIO HAMPTON ROADS, L.L.C. PROPERTY OWNER: NORTH LANDING INVESTMENTS, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Change of Zoning (Conditional 0-1 Office District to Conditional B-1 Neighborhood Business District) ADDRESS / DESCRIPTION: 2513 North Landing Road GPIN: ELECTION DISTRICT: SITE SIZE: 14947170900000 PRINCESS ANNE 2.49 Acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background / Details The applicant requests to change the zoning on the subject property from Conditional 0-1 Office District to Conditional B-1 Neighborhood Commercial District for the purpose of allowing a photography studio on the site. Photography studios are not a permitted use in the 0-1 zoning district. On October 10, 2006, the property was rezoned from AG -2 Agricultural to Conditional 0-1. A one-story, 4,714 square foot office building was constructed, and is now occupied by a dental office and law firm. During development, the existing residential structure on the site, constructed in 1939, was relocated and restored. This structure is where the applicant proposes to operate a photography studio. The applicant is proposing no changes to the exterior of the two-story, 1,344 square foot building. Photography sessions will be by appointment only, and the applicant states that most will be on the weekends. A typical weekend would have two to four appointments scheduled. The parking requirement for all of the uses on site is met by the 23 spaces provided on the site. Additionally, the submitted site plan shows an area for possible future expansion of the parking lot if it is needed. THE STUDIO HAMPTON ROADS, L.L.C. Agenda Item 10 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Dental and legal offices SURROUNDING LAND USE AND ZONING: North: South: East: West: • North Landing Road • Single-family homes (currently under construction) / PD - H2 (R -5D) Residential District • Single-family homes (currently under construction) / R -5S Residential District • Vacant parcel / AG -2 Agriculture District • Single-family home / AG -2 Agriculture District NATURAL RESOURCE AND The site is located in the Southern Watershed. There are no known CULTURAL FEATURES: significant natural resource features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area (SEGA 4). Princess Anne SEGA 4 is located between the more urbanized region of the City to the north and the rural area of the south and west of the Transition Area. The general vision for this area is to maintain quality development, a planned mix of public and private uses, exceptional open spaces and to design with nature. More specifically, this site is within Historic Princess Anne Center, which includes the Virginia Beach Municipal Center/Court Complex and surrounding area. This area is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial and open space to complement the form and function of the Municipal Center, court complex and historic district. (pp. 4-1, 4-13 to 4-15) 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is no impact on traffic expected with this use. There are no Roadway Capital Improvement Program projects slated for North Landing Road in the vicinity of this application. 4 EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning from Conditional 0-1 Office to Conditional B-1 Neighborhood Commercial District for the purpose of operating a photography studio. This request.is consistent with the land use policies outlined in the Comprehensive Plan for non-residentii usesfin;tJ e°: THE STUDIO HAMPT1C1 ROAD'. Agend Transition Area. Additionally, the proposed use supports the Historic Princess Anne Center and is compatible with the surrounding properties. Low intensity development is desired at this location, and as such, a proffer has been provided that limits the uses to photography studios, business studios, offices and clinics. Staff supports the applicant's proposal to use the former residential structure, constructed in 1939. A photography studio is an appropriate, low -intensity use for the structure. No changes to the exterior of the building are proposed, and the historic appeal of the building will be maintained. For the reasons stated above, Staff recommends approval of this request with the submitted proffers. The proffers are provided below. The proffers remain unchanged from the 2006 rezoning, with the exception of the addition of Proffer 5, which specifies the uses permitted on the property. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. PROFFER 5: Only the following uses shall be permitted on the Property: a. Photography Studio; b. Business Studios, Offices and Clinics. THE STUDIO HAMPT PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The City Attorney's Office has reviewed the proffer agreement dated August 1, 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. THE STUDIO HAMPT AERIAL OF SITE LOCATION THE STUDIO HAMPTON ROADS, L.L.C. Agenda Item 10 Page 5 DENTAL AND LEGAL OFFICES 2 00 aR E • 0-. / • • L PROPOSED SITE PLAN THE STUDIO HAMPTON ROADS, L.L.C. Agenda Item 10 Page 6 PROPOSED PHOTOGRAPHY STUDIO THE STUDIO HAMPTON ROADS, L.L.C. Agenda Item 10 Page 7 PRINCESS ANNE T - ...T t� Th' ct. ti:9 Hampton Roads, L.L.C. \61A' HCD HCD HCD - HCD HCD HCC. . HCD HCD D HCD HCD .u. HCD HCD HC. HCD HCD catt ,,ren, svt- Cr.' p � HCD HCD HCD •.. . ., HCD HCD HCD HCD HCD HCD HCD •. HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD HCD ' HCD •. •. -.r. HCD 4CQ HCD HCD HCD HCD •, -'r HCD HCD HCD Ha) '\ HCD HCD HCD HCD HCD HCD HCD HCD HCP HCD HCD HCt' HCD Hr" HCD 1 1 AG2 AG2 R5S* ' Zoning with Conditions/Proffers, Open Space Promotion Conditional Zoning Change from Conditional 0-1 to B-1 HCD = Historical and Cultural District Overlay ZONING HISTORY # DATE REQUEST ACTION 1 02/11/2014 Change of Zoning (0-2 and AG -2 to Conditional R -5S) Approved 2 08/14/2012 Change of Zoning (PD -H2 (R -5D) to P-1) Approved 07/12/2011 Change of Zoning (B -1A and AG -1 to Conditional PD -H2 (R -5D)) Approved 3 10/10/2006 Change of Zoning (AG -2 to Conditional 0-1) Approved 4 08/04/2004 Change of Zoning (AG -1 and AG -2 to Conditional PD -H2 (R-10)) Approved 5 07/03/2001 Use Permit (Child Care) Approved 09/09/1997 Use Permit (Church and Child Care) Approved 6 07/05/2000 Change of Zoning (AG -1 and AG -2 to 0-2) Approved 7 05/24/1994 Use Permit (Group Home) Approved 8 01/12/1994 Change of Zoning (AG -2 to Conditional B -1A) Approved 9 11/10/1986 Use Permit (Restaurant) Approved 01/21/1974 Change of Zoning ("AG -1 to 0-1) Approved 4Gl>r Ac�� THE STUDIO HAMPTON ROADS, L.L.C. Agenda Item 10 Page 8 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) The Studio Hampton Roads, L.L.C.: Kathryn Blevins, Member; Somer Chambley, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ECheck here if the 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) North Landing Investments, L.L.C.: Alan W. Mahanes, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ECheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No I5 -I If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT THE STUDIO HAMPT, ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local 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 (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 d view the site for purposes of processing and evaluating this application. Applicis ii at1e ,,,.. 6?S Kathryn Blevins, Member Print Name Alan W. Mahanes, Member O Prope y er's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT Item #10 The Studio Hampton Roads, L.L.C. Conditional Change of Zoning 2513 North Landing Road District 7 Princess Anne October 8, 2014 CONSENT An application of The Studio Hampton Roads, L.L.C. for a Conditional Change of Zoning (Conditional 0-1 Office District to Conditional B-1 Neighborhood Business District) on property located at 2513 North Landing Road, District 7, Princess Anne. GPIN: 14947170900000. PROFFERS PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. PROFFER 5: Only the following uses shall be permitted on the Property: a. Photography Studio; b. Business Studios, Offices and Clinics. i 11 Item #10 The Studio Hampton Roads, L.L.C. Page 2 PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 10. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 10 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -9139 TO: FROM: B. Kay Wilso RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 7, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; The Studio Hampton Roads, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 18, 2014. I have reviewed the subject proffer agreement, dated August 1, 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 Hassen PREPARED BY: Sn SINES. BOURDON, AHERN & LEVY. P.C. NORTH LANDING INVESTMENTS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1St day of August, 2014, by and between NORTH LANDING INVESTMENTS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.49 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional O-1 Office District to Conditional B-1 Neighborhood Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the GPIN: 1494-71-7090 Prepared by: R. Edward Bourdon, Jr., Esquire VSB #2216o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: �.: SYKES. POURDON. ate AIIPRN &'IVY, P.C. community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. PREPARED BY: 313 SUES. POURDON. AIIERN & LEVY. 5. Only the following uses shall be permitted on the Property: a. Photography Studio; b. Business Studios, Offices and Clinics. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's 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 3 such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: OM SYKES. BOURDON, MI All ERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: North Landing Investments, LLC, a Virginia limited liability company By: an Vic Mahanes, Manager (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 4th day of August, 2014, by Alan W. Mahanes, Manager of North Landing Investments, LLC, a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: am SYKES. POURDON, All AllLRN & LEVY. R.C. EXHIBIT "A" All that certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF PAUL W. SAWYER" dated October 8, 1975, and made by Bruce B. Gallup, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1530, page 182, and bounded and described as follows: Beginning at a point marked by a pipe on the South side of North Landing Road, which point is 509 feet East of West Neck Road as measured along North Landing Road; thence along the South line of North Landing Road North 75° 3o' East 330.9 feet to a point; thence South 17° 09' 20" East 411.0 feet to a point in a ditch marked by a pin; thence along said ditch North 72° 07' 14" West 348.97 feet to a point marked by a pin; thence continuing along a ditch South 61° 18' West 99.60 feet to a point marked by a pin; thence continuing along said ditch South 24° 28' West 39.60 feet to a point marked by a pin; thence continuing along said ditch South 79° 28' West 29.59 feet to a point on the line of the property now or formerly belonging to WASSMER, which point is marked by a pin; thence North 17° 5o' East 108.77 feet to a point marked by a pin; thence North 03° 01' 02" West 188.73 feet to the point of beginning. LESS AND EXCEPT that portion of the aforementioned property acquired by the City of Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (o.477 Acre) — Proposed Permanent Drainage Easement, situate in the City of Virginia : Beach as more particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING. PROPOSED RIGHT OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO: PARKWAY/WEST NECK ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N. SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Precision Measurements, Inc., said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200207223004759. GPIN: 1494-71-7090 H:\AM\Conditional Rezoning Studio Hampton Roads\Proffer Agreement.doc PREPARED BY: an SYKES. POURDON, AHERN & LEVY. P.C. ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1127 of the City Zoning Ordinance Pertaining to Open Space, Public Sites, and Recreation Areas within the PD -H2 Planned Development District. MEETING DATE: November 18, 2014 • Background: The proposed amendments will delete the requirement that the open space and recreational areas within a residential development zoned PD -H2 be rezoned to P-1 Preservation. A residential community developed through use of the PD -H2 Planned Development District is required to provide a minimum of 15 percent of the gross acreage of development site, excluding lakes, floodways, and other bodies of water, in natural open space or as recreational areas. Section 1127 provides three methods through which the open space and recreational areas are protected. • Considerations: The most commonly used method is that outlined in Section 1127(a). Subsection (a) provides that open space and recreation areas are to be owned by a Homeowners' Association, and membership in that association is mandatory for all landowners in the PD -H2 District. The open space and recreation areas are protected through the provisions of restrictive covenants that prohibit the use of the areas for any other purpose. Section 1127(a) states that the "covenants shall become part of the deed to each lot or parcel within the development." Moreover, "the covenants shall be recorded before the first building permit in the project is issued." Section 1127(a) also requires that such areas be rezoned to P-1 prior to the first building permit being issued. The second method is outlined in Section 1127(b). It is similar to the method above, but the open space and recreation areas are owned by a public or private entity rather than a Homeowners' Association. The public or private entity is responsible for the maintenance of the area and the availability of the areas to the residents. A rezoning to P-1 of the areas is also required when using this method. The third method is outlined in Section 1127(c). It differs considerably from the other two, as it allows for the dedication of the open space and recreation areas to the City if appropriate and acceptable to the City Council. CITY OF VIRGINIA BEACH — P-1 ZONING IN PD -H2 DISTRICTS Page 2 of 2 The requirement that the open space and recreation areas be rezoned to P-1 Preservation has proven to be unnecessary as well as difficult to depict on the Official Zoning Map. The open space and recreation areas are currently [Subsection (a)] or will be [Subsection (b)] protected through restrictive covenants and maintenance agreements, or through ownership by the City [Subsection (c)]. These areas are also protected through the proffers of the Conditional Zoning Agreement that accompanies the Conditional Change of Zoning of a site to PD -H2. The site plan and the proffers control the use of the land in the development, and accordingly, the open space and recreation areas cannot be altered or used for any other purpose without approval from the City Council of a Modification of Proffers. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the amendment. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ,�4510A. 1 AN ORDINANCE TO AMEND SECTION 1127 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO OPEN 3 SPACE, PUBLIC SITES, AND RECREATION AREAS 4 WITHIN THE PD-H2 PLANNED DEVELOPMENT 5 DISTRICT 6 7 SECTION AMENDED: City Zoning Ordinance § 1127 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1127 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 1127. Open space, public sites, and recreation areas. 19 20 Maintenance and ownership of open space, public sites, and recreational areas 21 in the PD-H2 District shall be as specified in the land use plan or in the accompanying 22 documents, and shall consist of one of the following: 23 24 (a) Homeowners' association. If a homeowners' association is to assume 25 ownership of the open space, then it shall bear all responsibility for 26 maintenance of the land and all structures thereon. All landowners in the PD-H2 27 District shall be members of the homeowners' association. There shall be 28 restrictive covenants recorded which prohibit use of the subject land for any 29 purpose but recreation and open space use. Such covenants shall run with the 30 land and be in full force and effect for a period of at least fifty (50) years. These 31 covenants shall become part of the deed to each lot or parcel within the 32 development. Such covenants shall be approved by the city attorney and 33 recorded before the first building permit in the project is issued. A rezoning 34 petition to P 1 Preservation District including all land to be owned and 35 maintained by the homeowners' association shall be approved before any 36 subdivision plat of the property within the PD H2 District is approved for 37 recordation or any building permit issued. 38 39 (b) Ownership by other public or private entity. Ownership of the open space may 40 be by another public or private entity. In this event, restrictive covenants, as in 41 (a) above, shall be recorded which prohibit use of the subject land for any 42 purpose but recreation and open space use. Such covenants shall run with the 43 land and be in full force and effect for a period of at least fifty (50) years. a 44 rezoning petition to P 1 Preservation District, including all land to be owned and 45 maintained by the subject entity, shall be approved Such restrictions shall be 46 approved by the city attorney and recorded before any subdivision plat of the 47 property within the PD -H2 District is approved for recordation or any building 48 permit issued. Such entity shall be responsible for all maintenance of the open 49 space, and shall make the use and enjoyment of the open space available to all 50 residents of the PD -H2 project. Additionally, restrictive covenants as in (a) 51 above, shall be filed prohibiting the use of the subject land for any purpose but 52 recreation and opcn space use. 53 54 (c) Dedication to the city. The open space may be dedicated to the city as a public 55 site but only upon the concurrence of the city council. If the dedication is 56 accepted, the public site shall be maintained by the city as open space, except 57 that city council after having received recommendations from the city manager 58 may designate portions of public sites for use other than as open space, 59 provided the remaining amount of property maintained as open space is not 60 less than fifty (50) percent of the amount of property which would have been 61 reserved pursuant to the subdivision ordinance for recreational purposes if the 62 property in the PD -H2 District had been developed according to the underlying 63 zoning district. 64 65 Except for public sites, open space shall only be used in its natural state or for 66 recreational related uses. No structure shall be erected for maintenance or recreational 67 purposes. The combination of open space and public sites provided shall be a minimum 68 of fifteen (15) percent of the gross acreage of the tract of land, and shall not include 69 lakes, floodways, or other bodies of water. 70 71 COMMENT 72 73 These revisions delete the requirement to rezone open space in the PD -H2 District to P-1. 74 The open space is adequately protected by the provisions of City Zoning Ordinance Section 1127 75 and the restrictive covenants required. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. 2 APPROVED AS TO CONTENT: CA13079 R-1 August 12, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ((. \, #\ City Attorney's Office 3 Item #13 City of Virginia Beach An Ordinance to Amend Section 1127 of the City Zoning Ordinance Pertaining to Open Space, Public Sites, and Recreation Areas within the PD -H2 Planned Development District October 8, 2014 CONSENT The proposed amendments will delete the requirement that the open space and recreational areas within a residential development zoned PD -H2 be rezoned to P-1 Preservation. A residential community developed through use of the PD -H2 Planned Development District is required to provide a minimum of 15 percent of the gross acreage of development site, excluding lakes, floodways, and other bodies of water, in natural open space or as recreational areas. The requirement that the open space and recreation areas be rezoned to P-1 Preservation has proven to be unnecessary as well as difficult to depict on the Official Zoning Map. The open space and recreation areas are currently or will be protected through restrictive covenants and maintenance agreements, or through ownership by the City. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 13. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 13 by consent. Stephen White, City of Virginia Beach, appeared before the Commission. 1 r-! x•^A �'' iyyY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 2106(d)(1) of the City Zoning Ordinance, Pertaining to Workforce Housing Unit Requirements MEETING DATE: November 18, 2014 • Background: Under Section 2106 of the City Zoning Ordinance as currently written, a developer of workforce housing units is not permitted to make any modifications to the approved exterior design of a workforce housing unit. The ordinance requires the workforce housing units in a development to be of the same quality of building materials and finishes as the non -workforce housing units, in order to ensure the workforce housing units are effectively indistinguishable from the other units in the development. • Considerations: Councilmember Rosemary Wilson has sponsored this amendment, which will allow the exterior of workforce housing units to have different arrangements of the same or similar features from those of non -workforce housing units so long as there is no discernible difference in quality between the two types of unit at the discretion of the Planning Director. The Workforce Housing Advisory Board recommended adoption of the proposed amendment at its September 5, 2014 meeting. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the proposed amendment. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1 REQUESTED BY COUNCILMEMBER ROSEMARY WILSON 2 3 4 AN ORDINANCE TO AMEND SECTION 2106 OF THE CITY 5 ZONING ORDINANCE, PERTAINING TO MODIFICATIONS TO 6 WORKFORCE HOUSING UNITS 7 8 Section Amended: City Zoning Ordinance Section 2106 9 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That Section 2106 of the City Zoning Ordinance, pertaining to requirements for 18 workforce housing units, is hereby amended and reordained to read as follows: 19 20 21 Sec. 2106. Bonus density; workforce housing unit requirements. 22 23 The dwelling unit density in the Workforce Housing Overlay District may be 24 increased by a maximum of thirty (30) percent over the density allowed in the underlying 25 zoning district if all of the following conditions are met: 26 27 (a) Not Tess than seventeen (17) percent of the total number of dwelling units 28 are workforce housing units. In the event the maximum allowable density is not 29 increased by thirty (30) percent, the percentage of workforce housing units required 30 shall maintain the same ratio of thirty (30) percent to seventeen (17) percent; 31 32 (b) Workforce housing units shall be integrated into the development to the 33 same extent as other dwelling units and shall not be clustered in discrete locations 34 separate from other dwelling units; 35 36 (c) The construction of workforce housing units shall reasonably coincide with 37 that of other units; 38 39 (d) Workforce housing shall conform to the Workforce Housing Design 40 Criteria and any other applicable design standards in the Comprehensive Plan, 41 including, but not limited to, the following standards: 42 43 (1) The exterior of workforce housing units shall have the same 44 building materials and finish, and be effectively indistinguishable 45 from, non -workforce housing units of the same housing type, 46 except that different arrangements of the same or similar 47 architectural features shall be allowed where there is no 48 discernable difference between the overall quality of the exterior of 49 workforce housing units and that of the non -workforce housing 50 units; 51 52 (2) Workforce housing units shall be comparable in bedroom mix, 53 design, and overall quality of construction to the market rate units in 54 the development, except that workforce housing units shall not be 55 required to exceed three (3) bedrooms per unit; and 56 57 (3) The square footage and interior features of workforce housing units 58 shall not be required to be the same as other dwelling units in the 59 development units, so long as they are reasonably similar in size 60 and quality and are consistent with the current building standards 61 for new housing in the City of Virginia Beach. 62 63 COMMENT 64 65 The amendment allows the exterior of workforce housing units to have different 66 arrangements of the same or similar features from those of non -workforce housing units so long as 67 there is no discernible difference in quality between the two types of unit. 68 69 Adopted by the City Council of the City of Virginia Beach, Virginia on the 70 day of , 20 . 71 APPROVED AS TO LEGALUFFICIF IC /IS L City Attorney's 0 ice CA -13102 September 9, 2014 R-1 2 Item #14 City of Virginia Beach An Ordinance to Amend Section 2106 of the City Zoning Ordinance Pertaining to Modifications to Workforce Housing Units. October 8, 2014 CONSENT The proposed amendment will allow the exterior of a Workforce Housing Unit to have different arrangements of the same or similar features from other dwelling units in the development so long as there is no discernible difference in quality between the two types of unit. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 14. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 14 for consent. Bill Macali, City Attorney, appeared before the Commission. K. APPOINTMENTS BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30-8:OOPM MONDAY, NOVEMBER 24, 2014 CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM 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 11/1R/1d awu 2014 CITY HOLIDAYS Thanksgiving Day and Day after Thanksgiving — Thnrsday, November 27 and Friday, November 28 Christmas Eve (half --day) - Wednesday, December 24 Christmas Day - Thursday, December 25 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS CITY COUNCIL/SCHOOL BOARD JOINT BRIEFING SCHOOL CONSTRUCTION Anthony Arnold, Director of Facilities, Planning/Construction Schools IUIII/IV/V -E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y R Y Y F MINUTES October 7, 2014 APPROVED 10-0 Y Y Y Y Y Y Y Y Y 0 Y G/H. MAYOR'S PRESENTATION ADMIRAL WILLIAM "BILL" E. GORTNEY DAY Admiral William "Bill" Gortney S I PUBLIC HEARINGS 1. Amendment to Capital Budget a. Roadway Projects 2. Sale of Excess City -Owned Property a. 5161 Princess Anne Road 3. Franchise of City -Owned Property a. "15th Street Pier" 4. License of City -Owned Property a. 4535 Commerce Street (Town Center) 5. Purchase Agreement for the Acquisition of ARP a. 4369/4384 Charity Neck Road No Speakers DATE: 10/21/2014 PAGE: 1 S- Resolution to SUPPORT the 2015 LEGISLATIVE AGENDA ADOPTED 11-0 Y NAY #4,11 Y Y Y NAY #4 Y NAY #4 Y NAY #4,9,11 Y Y NAY #22 Y Y NAY #I1 Y 2. H S 11-0 Y Y AGENDA Y Y Y Y Y H Y Y M Ordinance to DECLARE City -owned property as EXCESS/AUTHORIZE the City Manager to SELL same -5161 Princess Anne Road DISTRICT 2 — KEMPSVILLE A E Y W Y ITEM # SUBJECT Y Y MOTION VOTE Y E J 4. A ADOPTED, BY CONSENT M S U 1 Y Y Y Y Y Y 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 UA CITY COUNCIL/SCHOOL BOARD JOINT BRIEFING SCHOOL CONSTRUCTION Anthony Arnold, Director of Facilities, Planning/Construction Schools IUIII/IV/V -E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F MINUTES October 7, 2014 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A B T A N E D Y G/H. MAYOR'S PRESENTATION ADMIRAL WILLIAM "BILL" E. GORTNEY DAY Admiral William "Bill" Gortney I PUBLIC HEARINGS 1. Amendment to Capital Budget a. Roadway Projects 2. Sale of Excess City -Owned Property a. 5161 Princess Anne Road 3. Franchise of City -Owned Property a. "15th Street Pier" 4. License of City -Owned Property a. 4535 Commerce Street (Town Center) 5. Purchase Agreement for the Acquisition of ARP a. 4369/4384 Charity Neck Road No Speakers J/1 Resolution to SUPPORT the 2015 LEGISLATIVE AGENDA ADOPTED 11-0 Y NAY #4,11 Y Y Y NAY #4 Y NAY #4 Y NAY #4,9,11 Y Y NAY #22 Y Y NAY #I1 Y 2. Resolution to REQUEST the General Assembly fund the construction of a Veterans Care Center ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 3. Ordinance to DECLARE City -owned property as EXCESS/AUTHORIZE the City Manager to SELL same -5161 Princess Anne Road DISTRICT 2 — KEMPSVILLE ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 4. Ordinance to AWARD a License for a portion of City -owned property at 4535 Commerce Street re communications/ information needs ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS Ordinance to GRANT a Franchise to Entertainment, Inc. for the15`h Street Fishing Pier ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 6 Resolution to AUTHORIZE Cardinal Ambulance Service, Inc/EMS Permit ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y R Y Y 7. Ordinance to AUTHORIZE/ACCEPT/ DEDICATE easement Wheelgate Lane re drainage improvements at Saw Pen Point ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y 0 Y 8. Ordinances to AUTHORIZE/ EXECUTE: a. Cost Participation Agreement with Green Hill by the Bay Condominium Owners sewer conversion to the City's b. Feasibility Cost Sharing Agreement with Army Corps of Engineers re study of Lynnhaven Inlet Jetties ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y S 9. Ordinances to AUTHORIZE acquisition ARP easements at Charity Neck Road, owned by the Betty Whitehurst Trust DISTRICT 7 — PRINCESS ANNE ADOPTED, BY CONSENT 10-1 DATE: 10/21/2014 PAGE: 2 Y Y N Y Y Y Y Y S- Ordinance to AUTHORIZE encroachments into City -owned property to Michael/Lynda Tubridy at 205 Aqua Lane DISTRICT 6 — BEACH ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 11. H S 10-0 Y Y AGENDA Y Y Y Y Y H Y Y M Ordinances to ACCEPT/ APPROPRIATE: a. $10,000,000 - VDOT Revenue Sharing Program 1. 7,000,000 — First Colonial RoadNirginia Beach Boulevard 2. 3,000,000 — Rosemont Road — Phase V Project b. 51,361,925 — VDOT to TAP for Traffic Safety 1. $455,668 — Buckner Boulevard Shared -Use Path 2. $331,969 — Greenwell Road Sidewalk 3. $120,957 — Kendall Street Sidewalk 4. $453,331 — Shore Drive Bike A E Y Y W Y Y ITEM # SUBJECT Y Y Y Y MOTION VOTE Y Y 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 EE NI S NM 1 00 R YS ENS DS NND 5. Ordinance to GRANT a Franchise to Entertainment, Inc. for the15`h Street Fishing Pier ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 6 Resolution to AUTHORIZE Cardinal Ambulance Service, Inc/EMS Permit ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 7. Ordinance to AUTHORIZE/ACCEPT/ DEDICATE easement Wheelgate Lane re drainage improvements at Saw Pen Point ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 8. Ordinances to AUTHORIZE/ EXECUTE: a. Cost Participation Agreement with Green Hill by the Bay Condominium Owners sewer conversion to the City's b. Feasibility Cost Sharing Agreement with Army Corps of Engineers re study of Lynnhaven Inlet Jetties ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 9. Ordinances to AUTHORIZE acquisition ARP easements at Charity Neck Road, owned by the Betty Whitehurst Trust DISTRICT 7 — PRINCESS ANNE ADOPTED, BY CONSENT 10-1 Y Y Y Y Y N Y Y Y Y Y 10. Ordinance to AUTHORIZE encroachments into City -owned property to Michael/Lynda Tubridy at 205 Aqua Lane DISTRICT 6 — BEACH ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 11. Resolutions to SUPPORT FY 2015-16 VDOT: a. Transportation Alternatives b. Revenue Sharing ADOPTED, BY CONSENT 10-0 Y Y A B T A N E D Y Y Y Y Y Y Y Y 12. Ordinances to ACCEPT/ APPROPRIATE: a. $10,000,000 - VDOT Revenue Sharing Program 1. 7,000,000 — First Colonial RoadNirginia Beach Boulevard 2. 3,000,000 — Rosemont Road — Phase V Project b. 51,361,925 — VDOT to TAP for Traffic Safety 1. $455,668 — Buckner Boulevard Shared -Use Path 2. $331,969 — Greenwell Road Sidewalk 3. $120,957 — Kendall Street Sidewalk 4. $453,331 — Shore Drive Bike 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS c. $1,040,292 Tourism Advertising/Marketing ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y d. $850,000 State Funds to ESTABLISH the Assertive Community Treatment Team in Human Services ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y R Y Y e. $26,250 — U.S. Homeland Security 2014 Port Security Grant re Towfish sonar device for the Fire Marine Division ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y 0 Y f $23,000 - U.S. Homeland Security re dry suits for the Police Marine Patrol ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y S K/1 JACKIE S. BLOXOM Variance to APPROVED/ CONDITIONED, BY CONSENT 11-0 DATE: 10/21/2014 PAGE: 3 Y Y Y Y Y Y Y Y S- Regulations re access to a public street at 2948 Shirley Lane DISTRICT 7 — PRINCESS ANNE 2. Non -Conforming Uses: a. S & W SIMPSON, LLC - 1608 Princess Anne Road DISTRICT 7 — PRINCESS ANNE b. C and C DEVELOPMENT- 400 58t Street DISTRICT 5 — LYNNHAVEN APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y H S 3. DEBBIE BRIGHT CUP commercial APPROVED/ CONDITIONED, BY CONSENT AGENDA Y Y Y Y Y H Y Y M Y A E 4. W ADOPTED, BY CONSENT ITEM # SUBJECT Y Y MOTION VOTE Y E J Y A Y M S U I 8-3 Y Y N Y YNN D NOK Y Y R MMS Conditional AG -1 re Lynnhaven Aquaculture Center (oyster seeding) at Broad Bay Road DISTRICT 5 — LYNNHAVEN HL APPROVED/ CONDITIONED, BY CONSENT W Y Y Y Y Y Y L N A T O O O R S 0 E EENI S NMI 00 R YS ENS DS NND c. $1,040,292 Tourism Advertising/Marketing ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y d. $850,000 State Funds to ESTABLISH the Assertive Community Treatment Team in Human Services ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y e. $26,250 — U.S. Homeland Security 2014 Port Security Grant re Towfish sonar device for the Fire Marine Division ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y f $23,000 - U.S. Homeland Security re dry suits for the Police Marine Patrol ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y K/1 JACKIE S. BLOXOM Variance to APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Sections 4.4(b)/4.4(d) of Subdivision Regulations re access to a public street at 2948 Shirley Lane DISTRICT 7 — PRINCESS ANNE 2. Non -Conforming Uses: a. S & W SIMPSON, LLC - 1608 Princess Anne Road DISTRICT 7 — PRINCESS ANNE b. C and C DEVELOPMENT- 400 58t Street DISTRICT 5 — LYNNHAVEN APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 3. DEBBIE BRIGHT CUP commercial APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y kennel at 5513 Buzzard Neck Road DISTRICT 7 — PRINCESS ANNE 4. An Ordinance to AMEND CZO conforming City Code references to the Virginia State Code ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 5. CITY OF VIRGINIA BEACH: a. Conditional COZ from R-10 to APPROVED, AS PROFFERED 8-3 Y Y N Y YNN Y Y Y Y Conditional AG -1 re Lynnhaven Aquaculture Center (oyster seeding) at Broad Bay Road DISTRICT 5 — LYNNHAVEN b. CUP re a drive-through Drugstore at APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Princess Anne/South Witchduck Roads DISTRICT 2 - KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD Appointed: Unexpired term thru 03/31/2016 Ted Kubicki 11-0 Y Y Y Y Y Y Y Y Y Y Y TASKFORCE TO STUDY THE ELDERLY/ DISABLED REAL ESTATE TAX RELIEF Appointed: Michael Ashkenas John Eason Lee McDaniel Rosemary Morehead Barbara Henley — City Council Liaison Ira Agracola AD HOC Advisor 11-0 Y Y Y Y Y Y Y Y R Y Y M/N/0 ADJOURNMENT 7:24 PM 0 S DATE: 10/21/2014 PAGE: 4 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 Y S E NS DS NND L. APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD Appointed: Unexpired term thru 03/31/2016 Ted Kubicki 11-0 Y Y Y Y Y Y Y Y Y Y Y TASKFORCE TO STUDY THE ELDERLY/ DISABLED REAL ESTATE TAX RELIEF Appointed: Michael Ashkenas John Eason Lee McDaniel Rosemary Morehead Barbara Henley — City Council Liaison Ira Agracola AD HOC Advisor 11-0 Y Y Y Y Y Y Y Y Y Y Y M/N/0 ADJOURNMENT 7:24 PM NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Spite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 10/21/2014 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 0 0 O R S 0 E E ENI S NMI 00 R YS ENS DS NND 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 2014 CITY HOLIDAYS Veteran Dap - Tuesdup, .'VOvember 11 Thanksgiving Day and Day after Thanksgiving -- Thursday, November 27 and Friday, November 28 Christmas Eve (half -dap) - Wednesday, December 24 Christmas Dup - Thursday, December 25