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HomeMy WebLinkAboutJANUARY 6, 2015 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WII,l./AMD. SESSOMS, Jlt., AbLarge VICF. MAYOK LOUIS R. JONF.'S, Bayside - District 4 M. BhNJAMW DAVENPORT, At Large ROBBRT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsvi!le - Drstrict 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGF.R - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALU D. BANAGAN GTY AUDITOR - I,YNDON S. RGMIAS CITY CLERK RCITH HODGES FRASER, MMC CITY COUNCIL AGENDA 06 JANUARY 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING 1. CITY MANAGER BRIEFING - Conference Room - A. PENDING PLANNING ITEMS Jack Whitney, Director - Planning Department II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. RECEPTION HONORING NEWLY ELECTED AND RE-ELECTED MEMBERS OF CITY COUNCIL CITYHALL BUILD/NG 2401 COURTHOUSE DRIVE' VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 4:00 PM 5:00 PM 5:30 PM Room No. 201 VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer Pastor All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable Leslie L. Lilley Judge, Virginia Be ach Circuit Court M. Benjamin Davenport At Large Barbara M. Henley Princess Anne - District7 Louis R. Jones Bayside - District 4 Shannon DS Kane Rose Hall - District 3 John D. Moss At Large John E. Uhrin Beach - District 6 James L. Wood Lynnhaven - District 5 E. ELECTION OF THE VICE MAYOR F. OATH OF OFFICE - VICE MAYOR Presiding: The Honorable Leslie L. Lilley Judge, Virginia Beach Circuit Court G. MAYOR'S FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL H. VICE MAYOR and CITY COUNCIL COMMENTS 1. MAYOR'S MESSAGE J. ELECTRONIC ROLL CALL OF CITY COUNCIL K. CERTIFICATION OF CLOSED SESSION L. MINUTES l. 1NFORMAL and FORMAL SESSIONS M. FORMAL SESSION AGENDA CONSENT AGENDA N. ORDINANCES/RESOLUTIONS December 9, 2014 1. Ordinance to AMEND Section 4-1 of the City Code re portable storage containers with Special Event Permits 2. BAYFRONT ADVISORY COMMITTEE a. Ordinance to AMEND Section 2-451 of the City Code ESTABLISHING the Bayfront Advisory Committee as the BAYFRONT ADVISORY COMMISSION b. Resolution to RE-ESTABLISH a Standing Committee, change its name to the BAYFRONT ADVISORY COMMISSION and modify its Charge 3. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2015, in a maximum principal amount of $24,000,000, PROVIDE for the form, details and payment thereof to finance the cost of improvements to the City's Storm Water Utility System and AUTHORIZE the execution and delivery of documents related to such financing 4. Resolution re ESTABLISHMENT of the AMERICAN MEDICAL RESPONSE MID- ATLANTIC, INC., and GRANT an annual EMS Permit for private ambulance services 5. Ordinance to ACCEPT a donation of equipment from the Hampton Roads Planning District Commission (HRPDC) to improve regional communications 6. Ordinance to ESTABLISH "Corporate Landing Roadway Improvements"; ACCEPT $453,000 from the Commonwealth of Virginia Economic Development Access Fund Program and APPROPRIATE with estimated state revenues increased accordingly; ACCEPT $1,172,051 from the Development Authority and APPROPRIATE with estimated local revenues increased accordingly 7. Ordinance to MODIFY the terms of the Town Center Phase V RA Note in the amount of $3,850,000 8. Ordinances to APPROPRIATE: a. $18,932 from the U.S. Department of Housing and Urban Development for the Veterans Affairs Supportive Housing Program b. $1,477,422 of the Tourism Investment Program Special Revenue to the Atlantic Avenue trolley purchase 0. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC/DORIS V. MORGAN and ALFONZO R. MORGAN at 401 Birdneck Circle DISTRICT 6 - BEACH: a. Variance to Section 4.4(b of the Subdivision Regulations which require subdivided lots meet the requirements of the City Zoning Ordinance (CZO) b. Change of Zoning from A-12 Apartment to R-7.5 Residential c. Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment RECOMMENDATION APPROVAL 2. SUL TRANQUILITY LAKES, LLC /WILLIAM DONALD MARTIN, SR. re Modification of Conditions to EXPAND the scope of the project at 5827 Burton Station Road DISTRICT 4 - BAYSIDE. RECOMMENDATION APPROVAL 3. ENOCH BAPTIST CHURCH /GOOD SAMARITAN EPISCOPAL CHURCH at 848 Baker Road DISTRICT 2 - KEMPSVILLE. a. Modification of Conditions to construct a Family Center b. Modification of Conditions of a Conditional Use Permit (approved December 16, 1997 and Modified on August 18, 2001, December 16, 2007 and December 21, 2009) to expand the parking lot at 5641 Herbert Moore Road RECOMMENDATION APPROVAL 4. 4TH GENERATION HOME BUILDERS, LLC/SARAH F. BARKER for a Change of Zoning from R-40 Residential to Conditional PD-1-12 Planned Development [A-12 Apartment District] re condominiums at 5001 Shell Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. AH SANDBRIDGE, LLC re Modification of Proffer No. 3 of a Conditional Change of Zoning (approved June 11, 2013) to delete the child care center and massage parlor from the uses prohibited, thus allowing those uses at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE. RECOMMENDATION 6. Ordinances to AMEND the City Zoning Ordinance (CZO) APPROVAL a. Section 208 re portable storage containers for Special Events and Section 4-1 re portable storage containers b. Sections 111 and 401 and ADD Section 241 re definition and conditions required for a Recreational Resort Community c. Section 502 re setbacks adjacent to the Atlantic Ocean in the R-SR Zoning District RECOMMENDATION APPROVAL P. APPOINTMENTS COMMUNITY SERVICES BOAR.D HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION PERSONNEL BOARD PLANNING COMMISSION TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE Q. UNFINISHED BUSINESS R. NEW BUSINESS S. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *?*?**?****?**************+?**?* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ??********?***?**********?***** CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to S: 00 PM MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER BRIEFING - Conference Room - 4:00 PM A. PENDING PLANNING ITEMS Jack Whitney, Director - Planning Department II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW I V. INFORMAL SESSION - Conference Room - 5:00 PM I A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. RECEPTION HONORING NEWLY ELECTED AND RE-ELECTED 5:30 PM MEMBERS OF CITY COUNCIL Room No. 201 VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer Pastor All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable Leslie L. Lilley Judge, Virginia Beach Circuit Court M. Benjamin Davenport Barbara M. Henley Louis R. Jones Shannon DS Kane John D. Moss John E. Uhrin James L. Wood At Large Princess Anne - District7 Bayside - District 4 Rose Hall - District 3 At Large Beach - District 6 Lynnhaven - District 5 E. ELECTION OF THE VICE MAYOR F. OATH OF OFFICE - VICE MAYOR Presiding: The Honorable Leslie L. Lilley Judge, Virginia Beach Circuit Court G. MAYOR'S FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL H. VICE MAYOR and CITY COUNCIL COMMENTS 1. MAYOR'S MESSAGE J. ELECTRONIC ROLL CALL OF CITY COUNCIL K. CERTIFICATION OF CLOSED SESSION L. MINUTES 1. INFORMAL and FORMAL SESSIONS M. FORMAL SESSION AGENDA December 9, 2014 CONSENT AGENDA ? fcl I I - , "Lj.:? N. ORDINANCES/RESOLUTIONS Ordinance to AMEND Section 4-1 of the City Code re portable storage containers with Special Event Permits 2. BAYFRONT ADVISORY COMMITTEE a. Ordinance to AMEND Section 2-451 of the City Code ESTABLISHING the Bayfront Advisory Committee as the BAYFRONT ADVISORY COMMISSION b. Resolution to RE-ESTABLISH a Standing Committee, change its name to the BAYFRONT ADVISORY COMMISSION and modify its Charge 3. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2015, in a maximum principal amount of $24,000,000, PROVIDE for the form, details and payment thereof to finance the cost of improvements to the City's Storm Water Utility System and AUTHORIZE the execution and delivery of documents related to such financing 4. Resolution re ESTABLISHMENT of the AMERICAN MEDICAL RESPONSE MID- ATLANTIC, INC., and GRANT an annual EMS Permit for private ambulance services 5. Ordinance to ACCEPT a donation of equipment from the Hampton Roads Planning District Commission (HRPDC) to improve regional communications 6. Ordinance to ESTABLISH "Corporate Landing Roadway Improvements"; ACCEPT $453,000 from the Commonwealth of Virginia Economic Development Access Fund Program and APPROPRIATE with estimated state revenues increased accordingly; ACCEPT $1,172,051 from the Development Authority and APPROPRIATE with estimated local revenues increased accordingly 7. Ordinance to MODIFY the terms of the Town Center Phase V RA Note in the amount of $3,850,000 8. Ordinances to APPROPRIATE: a. $18,932 from the U.S. Department of Housing and Urban Development for the Veterans Affairs Supportive Housing Program b. $1,477,422 of the Tourism Investment Program Special Revenue to the Atlantic Avenue trolley purchase ?'04 CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Amend Section 4-1 of the City Code Pertaining to Portable Storage Containers with Special Event Permits MEETING DATE: Januarv 6, 2015 ¦ Background: The City Zoning Ordinance does not currently allow portable storage containers during special events. However, there is a proposed amendment to City Zoning Ordinance Section 208 that would allow portable storage containers on site for storage at special events. ¦ Considerations: In conjunction with the proposed amendment to City Zoning Ordinance Section 208, there is a proposed amendment to Section 4-1 of the City Code that would require if portable storage containers are requested at a special event, the special event application and permit must include the number and location of portable storage containers and how long they will be on the site. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Recommendations: This proposed amendment, in conjunction with the Zoning Amendment, will provide convenience and security for special event storage. ¦ Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Planning DepartmentC,ii ? City Manager. " ? 1 REQUESTED BY COUNCILMAN JOHN UHRIN 2 3 AN ORDINANCE TO AMEND SECTION 4- 4 1 OF THE CITY CODE PERTAINING TO 5 PORTABLE STORAGE CONTAINERS 6 WITH SPECIAL EVENT PERMITS 7 8 SECTION AMENDED: City Code § 4-1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and ordained to read as follows: 15 16 Sec. 4-1. Permit for special events. 17 18 .... 19 20 (b) Application: Contents and Fee. An application for any permit required by this section 21 shall be made to the city manager or his designee, accompanied by a nonrefundable 22 processing fee as provided in section 4-1.1. The application shall be submitted not less 23 than thirty (30) days nor more than six (6) months prior to the date of the proposed 24 activity. An application for a major event held for two (2) or more consecutive days shall 25 be filed not less than sixty (60) days nor more than six (6) months before the first date of 26 the proposed activity. The application shall contain the following information, utilizing a 27 form provided by the city manager: 28 29 .... 30 31 ,(9) If portable storaqe containers are requested, the duration of the 32 containers at the site, the number of containers and the location of 33 the containers. 34 35 .... 36 37 (e) Permit Requirements. The city manager or his designee may impose, as conditions 38 to granting a permit, such further requirements and restrictions as will reasonably 39 protect the public health, safety, welfare, peace and order. Such conditions may include, 40 but are not limited to: 41 42 (1) The payment of a reasonable fee for the use or allocation of city 43 property, equipment and personnel not exceeding the actual costs 44 incurred by the city in connection with the proposed activity; and the 45 posting of a perFormance bond or other surety securing payment of 46 such fee. 47 48 (2) The provision of adequate crowd and traffic control, security, fire 49 protection, food handling, waste and refuse disposal, and noise 50 restrictions. 51 52 (3) The duration location and number of any portable storaqe 53 containers. 54 55 .... 56 57 COMMENT 58 59 These amendments would in conjunction with the amendment to City Zoning Ordinance 60 Section 208 allow portable storage containers to be used by events with special event permits. The 61 special event permit would need to include time limits, location and numbers for review by staff. 62 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannin D artment City Attorney's Office CA13072 R-3 December 23, 2014 2 ?u eek, M? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: A Resolution to Reestablish the Bayfront Advisory Committee as a Standing Committee, Change its Name to the Bayfront Advisory Commission and Modify its Charge An Ordinance to Amend Section 2-451 of the City Code Establishing the Bayfront Advisory Committee as the Bayfront Advisory Commission MEETING DATE: January 6, 2015 ¦ Background: The Bayfront Advisory Committee (BAC) was established in 1998 as the Shore Drive Advisory Committee, "to serve as a liaison between the Shore Drive Community and the City Council with respect to development and improvement to the Shore Drive Community." After sixteen (16) years BAC requests that it be established as a standing committee, its name changed to the Bayfront Advisory Commission and its mission changed, "to review and make recommendations to the City Council regarding public and private projects and issues associated with the Bayfront area, or projects or issues associated with the Bayfront area that the City Council may refer to the Commission." The attached Resolution will accomplish this request. The attached Ordinance will remove the Bayfront Advisory Committee from the list of committees and add it to the list of commissions BAC consists of ten (10) citizen members and six (6) ex-officio members, who are the Planning Commission and City Council members from the Bayside and Lynnhaven Districts, the Commander, Joint Expeditionary Base Little-Creek-Fort Story and the Park Manager, First Landing State Park. ¦ Considerations: When City Council last reestablished the committee, the resolution included a sunset provision whereby the term of the committee expired on June 30, 2014. This resolution reestablishes the committee as a standing committee, with no expiration date, so the commission will continue to meet and make recommendations until such time as Council may choose to dissolve the commission. Its charge would be modified to provide more recommendations to City Council, and all of its members would continue to serve as previously appointed by City Council. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Attachments: Resolution Ordinance r Bayfront Advisory Committee Page 2 Recommended Action: Approval Submitting DepartmentlAgency: Councilmember Wood and Vice-Mayor Jones City Manager: 1 REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBER WOOD 2 3 A RESOLUTION TO REESTABLISH THE 4 BAYFRONT ADVISORY COMMITTEE AS A 5 STANDING COMMITTEE, CHANGE ITS NAME 6 TO THE BAYFRONT ADVISORY COMMISSION 7 AND MODIFY ITS CHARGE 8 9 WHEREAS, in February 1998, the City Council established the Shore Drive 10 Advisory Committee; and 11 12 WHEREAS, pursuant to Resolution No. 3218, adopted on November 28, 2006, 13 the Shore Drive Advisory Committee was renamed the Bayfront Advisory Committee 14 ("BAC'); and 15 16 WHEREAS, BAC continues to serve the Bayfront area as a liaison between the 17 citizens of the Bayfront and the City of Virginia Beach; and 18 19 WHEREAS, BAC has determined after much discussion that since BAC has 20 been in existence for over sixteen (16) years and as such, it should be reestablished as 21 a standing Committee, and its name changed to the Bayfront Advisory Commission; 22 and 23 24 WHEREAS, the current mission of the BAC is "To serve as a liaison between the 25 Shore Drive Community and the City Council with respect to development and 26 improvement to the Shore Drive Corridor. Specifically, the BAC shall be charged with 27 the following duties and responsibilities: 28 29 1. To familiarize itself with the Urban Land Institute's (ULI) Bayfront Study 30 and the various issues associated with development of the Corridor; 31 2. To develop an aesthetics and urban design plan for the Corridor using the 32 Bayfront Study as a foundation for such plan; 33 3. To identify, refine and reprioritize a series of recommended public projects 34 and actions to the City Council for implementing the ULI Bayfront Study 35 recommendations, the adopted Shore Drive Corridor Plan, Shore Drive 36 Transportation Plan, Design Guidelines and Landscaping Guidelines and 37 addressing issues associated with development of the Corridor; 38 4. To aggressively pursue and facilitate the establishment of public-private 39 partnerships to achieve the goals and recommendations of ULI's Study and 40 adopted plans and guidelines; 41 5. To investigate alternative funding sources for projects within the Corridor; 42 6. To engage in public information efforts to improve communication 43 between the Shore Drive Community, the development community and the City 44 government; and, to serve as a forum for discussion of information brought forth 45 by both the public and private sectors on matters related to the Shore Drive 46 community; and 47 7. To monitor and report to the City Councii the progress of implemented 48 public projects and plans within the Shore Drive Corridor and provide 49 recommendations for remedial actions as deemed necessary"; and 50 51 WHEREAS, BAC believes that it can be most effective if its charge is modified as 52 follows: "The mission of the BAC is to review and make recommendations to the City 53 Council regarding public and private projects and issues associated with the Bayfront 54 area, or projects or issues associated with the Bayfront area that the City Council may 55 refer to the Commission"; and 56 57 WHEREAS, the membership of the Bayfront Advisory Commission shall continue 58 as established by the Bayfront Advisory Committee and shall include ten (10) citizens of 59 the Bayfront area and six (6) ex-officio members who are the Planning Commission and 60 City Council members from the Bayside and Lynnhaven Districts, the Commander, Joint 61 Expeditionary Base Little Creek-Fort Story, and the Park manager, First Landing State 62 Park; 63 64 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 65 VIRGINIA BEACH, VIRGINIA: 66 67 That City Council hereby reestablishes the Bayfront Advisory Committee as the 68 Bayfront Advisory Commission, makes it a standing committee of City Council, modifies 69 its charge to be to review and make recommendations to the City Council regarding 70 public and private projects and issues associated with the Bayfront area, or projects or 71 issues associated with the Bayfront area that the City Council may refer to the 72 Commission, and continues its membership and their terms as previously established. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 75 , 2015. APPROVED AS TO LEGAL SUFFICIENCY: 't, Ci y orney's Office CA13245 R-2 December 22, 2014 2 1 REQUESTED BY VICE MAYOR JONES COUNCILMEMBER WOOD 2 3 AN ORDINANCE TO AMEND SECTION 2-451 4 OF THE CITY CODE ESTABLISHING THE 5 BAYFRONT ADVISORY COMMITTEE AS 6 THE BAYFRONT ADVISORY COMMISSION 7 8 Section Amended: City Code § 2-451 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 2-451 of the City Code is hereby amended and reordained to read 14 as follows: 15 16 Sec. 2-451. Definition of boards, commissions and committees. 17 18 Boards shall be defined as those advisory council-appointive agencies which are 19 prescribed by the Virginia State Code as "boards," as well as locally established bodies, 20 the duty of which pertains to or is governed by federal and state codes or local 21 ordinances. Terms shall be specified and limited in accordance with the applicable 22 federal or state codes or local ordinances or resolutions. Those currently established 23 are as follows: 24 25 .... 26 27 Commissions shall be defined as those advisory council-appointive agencies 28 which are prescribed by the Virginia State Code as "commissions," plus those locally 29 established for a specific purpose with budgetary responsibility and a structured 30 organization with an annual report to city council. Terms shall be specified and limited in 31 accordance with applicable state statutes or city ordinances or resolutions. Those 32 currently established are as follows: 33 34 Agricultural advisory commission 35 Arts and humanities commission 36 Bavfront Advisorv Commission 37 38 .... 39 40 Committees shall be defined as those short-term advisory agencies appointed by 41 city council for specific studies with regular reporting periods to the governing body and 42 which shall be automatically abolished when their mission is accomplished and the final 43 report filed with the city clerk for distribution to city council. Those currently established 44 are as follows 45 46 Advertising advisory selection committee 47 48 49 50 51 52 53 54 55 56 57 Audit committee COMMENT This amendment will reestablish the Bayfront Advisory Committee as the Bayfront Advisory Commission in conjunction with a Resolution changing its name and modifying its charge. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2015. APPROVED AS TO LEGAL SUFFICIENCY: btMos- -.-- City Attorney's Office CA13247 R-2 December 29, 2014 . ra`??r ??o?`?*IR ? c? suyN . Y?, ,?? CITY OF VIRGINIA BEACH AGENDA ITEM ? ITEM: Resolution of the City Of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2015, in a Maximum Aggregate Principal Amount of $24,000,000, Providing for the Form, Details and Payment Thereof to Finance the Cost of Improvements to the City's Storm Water Utility System and Authorizing the Execution and Delivery of Certain Documents Related to Such Financing MEETING DATE: January 6, 2015 ¦ Background: In accordance with the City's Capital Improvement Program, City Council periodically authorizes the issuance of Storm Water Utility revenue bonds to finance certain capital improvements for the Storm Water Utility system. The Department of Finance, in conjunction with the Department of Public Works, has identified the need for such action and, with the City's Financial Advisor, has developed a financing plan that includes issuance of storm water revenue bonds to take advantage of favorable market rates. This sale will not exceed $24 million, and it will utilize previous Council storm water debt authorizations from 2006, 2008, 2011, and 2013. On December 12, 2014, the City Council's Friday Packet included information related to this sale including a draft of the Preliminary Official Statement (POS), the Master Bond Agreement, a draft of the Notice of Sale, and a draft continuing disclosure agreement. ¦ Considerations: The enclosed resolution (the "Resolution") provides for the issuance and sale of the 2015 Series of storm water revenue bonds. The resolution provides for the distribution of the POS along with other necessary actions. The City's engineers have concluded that the existing storm water rates and charges are sufficient to support the debt service costs on the 2015 bonds. The bond sale is scheduled for January 14. The overalt interest rate (true interest cost) will not exceed 4.75%. The results of the sale will be provided to City Council. After today's Council action no further vote of the Council will be necessary. ¦ Public Information: Public information will be handled through the normal Council agenda process. Also, a Notice of Sale for the 2015 Series of bonds will be placed in The Bond Buyer. ¦ Recommendations: Adopt the attached Resolution. ¦ Attachments: Resolution; Draft of Third Supplemental Agreement of Trust Recommended Action: Approval Submittin9 Department/Agency: Department of Finance ?City Manager. , THIRD SUPPLEMENTAL AGREEMENT OF TRUST between CITY OF VIRGINIA BEACH, VIRGINIA and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of January 1, 2015 TABLE OF CONTENTS ARTICLE I ..................................................................................................................................... 2 THIRD SUPPLEMENTAL AGREEMENT .................................................................................. 2 Section 3.101. Authorization of Third Supplemental Agreement ..................................................2 Section 3.102. Definitions ...............................................................................................................2 Section 3.103. Amendments to Agreement of Trust .......................................................................3 Section 3.104. Reference to Articles and Sections .........................................................................4 ARTICLE II .................................................................................................................................... 5 AUTHORIZATION, DETAILS AND FORM OF SERIES 2015 BONDS ................................... 5 Section 3.201. Authorization of Series 2015 Bonds ....................................................................... 5 Section 3.202. Details of Series 2015 Bonds .................................................................................. 5 Section 3.203. Form of Series 2015 Bonds ..................................................................................... 6 Section 3.204. Securities Depository Provisions ............................................................................ 6 Section 3.205. Registrar .................................................................................................................. 7 Section 3.206. Delivery of Series 2015 Bonds ............................................................................... 7 ARTICLE III .. ................................................................................................................................. 7 REDEMPTION OF SERIES 2015 BONDS ................................................................................... 7 Section 3.301. Redemption Dates and Prices .................................................................................7 Section 3.302. Selection of Series 2015 Bonds for Redemption ....................................................8 Section 3.303. Notice of Redemption .............................................................................................8 ARTICLE IV .................................................................................................................................. 8 APPLICATION OF PROCEEDS OF SERIES 2015 BONDS ....................................................... 8 Section 3.401. Application of Proceeds of Series 2015 Bonds and Related Amounts ...................8 ARTICLE V .................................................................................................................................... 9 PROJECT ACCOUNT ................................................................................................................... 9 Section 3.501. 2015 Project Account ..............................................................................................9 ARTICLE VI .................................................................................................................................. 9 SECURITY FOR SERIES 2015 BONDS ...................................................................................... 9 Section 3.601. Security for Series 2015 Bonds ...............................................................................9 ARTICLE VII ................................................................................................................................. 9 ARBITRAGE REBATE FUND ..................................................................................................... 9 Section 3.701. Rebate Requirement ................................................................................................9 Section 3.702. Calculation and Payment of Series 2015 Rebate Obligation ..................................9 i Section 3.703. Reports by Trustee ................................................................................................10 ARTICLE VIII .............................................................................................................................. 10 MISCELLANEOUS ..................................................................................................................... 10 Section 3.801. Limitations on Use of Proceeds ............................................................................10 Section 3.802. Limitation of Rights ..............................................................................................1 l Section 3.803. Severability ...........................................................................................................12 Section 3.804. Successors and Assigns .........................................................................................12 Section 3.805. Applicable Law .....................................................................................................12 Section 3.806. Counterparts ..........................................................................................................12 Section 3.807. Patriot Act Disclosure ...........................................................................................12 Exhibit A-1 Form of Series 2015 Bond ii THIS THIRD SUPPLEMENTAL AGREEMENT OF TRUST dated as of the 1 st day of January, 2015 (the "Third Supplemental Agreement"), by and between the City of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the "City"), and U.S. Bank National Association, Richmond, Virginia, a national banking association organized under the laws of the United States of America, with a corporate trust office in Richmond, Virginia, as successor trustee to First Union National Bank (in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the City and First Union National Bank entered into an Agreement of Trust dated as of January 1, 2000 (the "Agreement of Trust"), to provide for financing improvements and extensions to the System (as defined in the Agreement of Trust) by the issuance of bonds payable solely from Pledged Revenues (as defined in the Agreement of Trust); WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City issued an initial series of Bonds under the Agreement of Trust in the original aggregate principal amount of $10,000,000 (the "Series 2000 Bonds"), to finance the costs of expansion and improvements to the System; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of $27,380,000, including the City's $2,705,000 Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt) (the "Series 2010A-1 Bonds"), its $17,295,000 Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds) (the "Series 2010A-2 Bonds" and, together with the Series 2010A-1 Bonds, the "Series 2010A Bonds"), and its $7,380,000 Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt) (the "Series 2010B Bonds") (collectively, the "Series 2010 Bonds"), to finance and refinance the costs of improvements and expansions to the System, including the redemption of the City's outstanding Series 2000 Bonds, and to pay costs associated with issuing the Series 2010 Bonds; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City has determined to issue additional Bonds under the Agreement of Trust in the aggregate principal amount of $ , namely the City's $ Storm Water Utility Revenue Bonds, Series 2015 (the "Series 2015 Bonds"), to finance costs of improvements and expansions to the System; WHEREAS, as evidenced by that certain Official Statement of the City dated January [14], 2015, the purchasers of the Series 2015 Bonds, being upon the authentication thereof the holders of not less than a majority in aggregate principal amount of Outstanding Bonds under the Agreement of Trust, are deemed to have consented to the amendments to the Agreement of Trust made by Section 3.103 of this Third Supplemental Agreement; and WHEREAS, the City has taken all necessary action to make the Series 2015 Bonds, when authenticated by the Trustee and issued by the City, valid and binding limited obligations of the City and to constitute this Third Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2015 Bonds; 1 NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree, as follows: ARTICLE I THIRD SUPPLEMENTAL AGREEMENT Section 3.101. Authorization of Third Supplemental Agreement. This Third Supplemental Agreement is authorized and executed by the City and delivered to the Trustee pursuant to and in accordance with Articles III and XII of the Agreement of Trust. All terms, covenants, conditions and agreements of the Agreement of Trust shall apply with full force and effect to the Series 2015 Bonds and to the holders thereof, except as otherwise provided in this Third Supplemental Agreement. Section 3.102. Definitions. Except as otherwise amended or defined in this Third Supplemental Agreement, terms defined in the Agreement of Trust are used in this Third Supplemental Agreement with the meanings assigned to them in the Agreement of Trust. In addition, the following words as used in this Third Supplemental Agreement shall have the following meanings unless a different meaning clearly appears from the context: "2015 Project" shall mean improvements to and expansions of the System financed with the proceeds of the Series 2015 Bonds. "Letter of Representations" shall mean the Blanket Letter of Representations dated June 17, 1996, from the City to the Securities Depository and any amendments thereto or successor agreements between the City and any successor Securities Depository, relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2015 Bonds. Notwithstanding any provision of the Agreement of Trust, including Article XII regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Rebate Amount Certificate" shall have the meaning set forth in Section 3.702. "Registrar" shall mean U.S. Bank National Association, or any successors serving as such hereunder. "Third Supplemental Agreement" shall mean this Third Supplemental Agreement of Trust between the City and the Trustee, which further supplements and amends the Agreement of Trust, as amended. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2015 Bonds appointed pursuant to Section 3.204, and their successors. 2 "Series 2010 Bonds" shall mean, collectively, the City's currently outstanding (i) Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt), (ii) Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds), and (iii) $7,380,000 Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt). "Series 2015 Bonds" shall mean the City's $ Storm Water Utility Revenue Bonds, Series 2015 authorized to be issued pursuant to this Third Supplemental Agreement. Section 3.103. Amendments to Agreement of Trust. (a) Amended Terms. The following defined terms in the Agreement of Trust shall be amended and replaced as follows: (i) All references to "Series Debt Service Reserve Account(s)" or "Debt Service Reserve Account(s)" shall be replaced with "Debt Service Reserve Fund" and shall have the meaning and context of such term provided in Section 101 of the Agreement of Trust. (ii) All references to "Series Debt Service Reserve Requirement" shall be replaced with "Debt Service Reserve Requirement" and shall mean an amount, required to maintained in the Debt Service Reserve Fund, which shall be no greater than the least of (a) the maximum principal and interest due on the Bonds in the current or any future Fiscal Year, (b) 10% of the original stated principal amount of the Bonds (or 10% of the issue price of the Bonds if required by the Code) or (c) 125% of the average annual principal and interest due on the Bonds in the current and each future Fiscal Year; provided, however, if a lower aggregate amount would be required by the Code if (a), (b) and (c) were measured separately for each Outstanding Series of Bonds, such lower aggregate amount shall be the Debt Service Reserve Requirement. (b) Amendments to Article III. (i) Section 302 of the Agreement of Trust is hereby amended to delete the proviso stating that "moneys in each Series Debt Service Reserve Account shall only secure the applicable Series of Bonds," and such proviso shall have no further force or effect. (ii) Section 304(h)(2) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: "Evidence that upon issuance of such Bonds the amount to be held in the Debt Service Reserve Fund will be adjusted as necessary to account for any resulting change in the Debt Service Reserve Requirement." (iii) Section 305(b) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: 3 "In the Debt Service Reserve Fund, any amount necessary to meet the Debt Service Reserve Requirement." (iv) Section 306(c) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: "If Bonds are issued to refund any bonds and such bonds are not retired immediately upon such issuance, the City shall determine, immediately upon the delivery of such Bonds, whether the amount on deposit in the Debt Service Reserve Fund (including any amounts to be deposited on account of the issuance of such Bonds) exceeds the Debt Service Reserve Requirement. The City may direct the Trustee to remove any such excess from the Debt Service Reserve Fund and pay it to the City to be used by the City for any lawful purpose related to the System, including transfers to the escrow account described in subsection (a)(3) of this Section." (c) Amendment to Article V. Clause (1) of Section 504 of the Agreement of Trust is amended and restated to read as follows: "to the Debt Service Reserve Fund if the amount on deposit therein is less than the Debt Service Reserve Requirement" (d) Amendments to Article VI. (i) Section 603(d) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: "City of Virginia Beach Storm Water System Debt Service Reserve Fund, to be held by the Trustee." (ii) Section 607 of the Agreement of Trust is hereby amended to add the following paragraph at the end of such Section: "Notwithstanding anything to the contrary in this Section 607, the City shall not be required to hold separate Debt Service Reserve Accounts for separate Series of Bonds issued pursuant to this Agreement." (iii) Section 613 of the Agreement of Trust is hereby amended to delete the proviso stating that "moneys in each Series Debt Service Reserve Account shall only secure the applicable Series of Bonds which provided such moneys," and such proviso shall have no further force or effect. Section 3.104. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Third Supplemental Agreement. 4 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2015 BONDS Section 3.201. Authorization of Series 2015 Bonds. There are hereby authorized to be issued the Series 2015 Bonds in the aggregate principal amount of $ to finance the Cost of the 2015 Project, which is hereby authorized. The Series 2015 Bonds shall be issued pursuant to the Agreement of Trust and this Third Supplemental Agreement. Section 3.202. Details of Series 2015 Bonds. The Series 2015 Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2015" shall be dated the date of their issuance and delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and multiples thereof, shall be numbered R(2015)-1 upward and shall bear interest at the rates, payable semiannually on May 15 and November 15, beginning May 15, 2015, until their final payment or maturity, and shall mature on November 15 in the years and the amounts, set forth as follows: Maturity 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Principal Interest Amount Rate $ % Maturity 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Principal Interest Amount Rate $ Each Series 2015 Bond shall bear interest (a) from its date, if such Series 2015 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2015 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2015 Bond payrnent of interest is in default, such Series 2015 Bond shall bear interest from the date to which interest has been paid. Principal of and premium, if any, on the Series 2015 Bonds shall be payable to the registered owners upon the surrender of Series 2015 Bonds at the office of the Registrar. Interest on the Series 2015 Bonds shall be payable by check or draft mailed to the registered owners at 5 their addresses as they appear on the fifteenth day preceding the interest payment date on the registration books kept by the Registrar; provided, however, if the Series 2015 Bonds are registered in the name of a Securities Depository or its nominee as registered owner or at the option of a registered owner of at least $1,000,000 of Series 2015 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Section 3.203. Form of Series 2015 Bonds. The Series 2015 Bonds shall be in substantially the forms set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Agreement of Trust and this Third Supplemental Agreement. Section 3.204. Securities Depositorv Provisions. Initially, one Series 2015 Bond certificate for each maturity of the Series 2015 Bonds will be issued and registered to the Securities Depository, or its nominee. The City has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2015 Bonds. In the event that (a) the Securities Depository determines not to continue to act as a securities depository for the Series 2015 Bonds by giving notice to the Registrar and the City discharging its responsibilities hereunder or (b) the City in its sole discretion determines (1) that beneficial owners of Series 2015 Bonds shall be able to obtain certificated Series 2015 Bonds or (2) to select a new Securities Depository, then the City shall attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2015 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the forms provided for in Exhibit A; provided, however, that such form shall provide for interest on the Series 2015 Bonds to be payable (i) from its date, if it is authenticated prior to May 15, 2015, or (ii) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which it is authenticated (unless payrnent of interest thereon is in default, in which case interest on such Series 2015 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2015 Bonds, the Registrar shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2015 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 of the Agreement of Trust. So long as there is a Securities Depository for the Series 2015 Bonds (A) it or its nominee shall be the registered owner of the Series 2015 Bonds, (B) notwithstanding anything to the contrary in this Third Supplemental Agreement, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records 6 maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Third Supplemental Agreement to registered owners of the Series 2015 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2015 Bonds and (E) in the event of any inconsistency between the provisions of this Third Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations, such provisions of the Letter of Representations shall control. Section 3.205. Re isg trar. The selection of U.S. Bank National Association as Registrar is approved. Section 3.206. Delivery of Series 2015 Bonds. The Registrar shall authenticate and deliver the Series 2015 Bonds when there shall have been delivered to the Registrar a Request for Authentication stating that there have been filed with or delivered to the City Clerk all items required by Section 304 of the Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2015 BONDS Section 3.301. Redemption Dates and Prices. The Series 2015 Bonds may not be called for redemption by the City except as provided below: (a) Optional Redemption. Series 2015 Bonds maturing on or before November 15, 2024, are not subject to optional redemption prior to their stated maturities. Series 2015 Bonds maturing on or after November 15, 2025, are subject to redemption at the option of the City beginning on November 15, 2024, in whole or in part at any time (in any multiple of $5,000), without premium, upon payrnent of the principal amount of the Series 2015 Bonds so redeemed plus interest accrued to the redemption date. (b) [Mandatory Redemption. The Series 2015 Bonds maturing on November 15, 20, are required to be redeemed prior to maturity in part upon payrnent of 100% of the principal amount thereof plus interest accrued to the redemption date on November 15 in years and amounts, as follows: Year Amount Year Amount $ $ The amount of Series 2015 Bonds to be redeemed pursuant to this subsection may be reduced in accordance with the provisions of Section 605 of the Agreement of Trust.] Section 3.302. Selection of Series 2015 Bonds for Redemption. If less than all of the Series 2015 Bonds are called for redemption, the Series 2015 Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City. If less than all of the Series 2015 Bonds of a particular maturity are called for redemption, the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Series 2015 Bond to be redeemed shall be in a minimum principal amount of $5,000 or some multiple thereof. In selecting Series 2015 Bonds for redemption, each Series 2015 Bond shall be considered as representing that number of Series 2015 Bonds which is obtained by dividing the principal amount of such Series 2015 Bond by $5,000. If a portion of a Series 2015 Bond shall be called for redemption, a new Series 2015 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3.303. Notice of Redemption. Notice of redemption of Series 2015 Bonds shall be given in the manner set forth in Section 402 of the Agreement of Trust. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2015 BONDS Section 3.401. Application of Proceeds of Series 2015 Bonds and Related Amounts. Proceeds of the Series 2015 Bonds in the amount of $ received by the City on January 28, 2015, together with the $235,000 good faith deposit previously received by the City, shall be deposited in the Series 2015 Project Account in the Construction Fund to be used to pay the Cost of the Project. The City shall deposit its own cash (not proceeds of the Series 2015 Bonds) in the amount of $ into the Series 2010 Debt Service Reserve Account (as defined in the Second Supplemental Agreement of Trust dated as of November 1, 2010, between the City and the Trustee), and such Series 2010 Debt Service Reserve Account shall thereafter be the Debt Service Reserve Fund described in Section 3.103 of this Third Supplemental Agreement. 8 ARTICLE V PROJECT ACCOUNT Section 3.501. 2015 Project Account. There shall be established within the Construction Fund a special account entitled "2015 Project Account." Portions of the proceeds of the Series 2015 Bonds specified in Section 3.401 above shall be deposited in the 2015 Project Account. Money in the 2015 Project Account shall be used to pay Costs of the 2015 Project, as evidenced by the requisitions provided by an Authorized Representative of Public Works to the Director of Finance in accordance with the provisions of Section 503 of the Agreement of Trust. Any balance remaining in the 2015 Project Account upon completion of the 2015 Project shall be disposed of in accordance with the provisions of Section 504 of the Agreement of Trust. ARTICLE VI SECURITY FOR SERIES 2015 BONDS Section 3.601. Securitv for Series 2015 Bonds. The Series 2015 Bonds shall be equally and ratably secured under the Agreement of Trust with the Outstanding Bonds of any other series issued pursuant to Article III of the Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, as provided in the Agreement of Trust, other than any Subordinate Debt. ARTICLE VII ARBITRAGE REBATE FUND Section 3.701. Rebate Requirement. Except with respect to earnings on funds and accounts qualifying for exceptions to the rebate requirement of Section 148 of the Code, the City shall pay the rebate obligations under the Code (the "Rebate Amount") to the United States of America, as and when due, in accordance with Section 148(f) of the Code, as provided in this Article, and shall retain records of all such determinations until six years after final payment of the Series 2015 Bonds. Section 3.702. Calculation and Pavrnent of Series 2015 Rebate Obli ag tion. (a) The City selects November 15 as the end of the bond year with respect to the Series 2015 Bonds pursuant to Treasury Regulations Section 1.148-1. (b) Within 30 days after the initial installment computation date, which is the last day of the fifth bond year (November 15, 2020), unless such date is changed by the City prior to the date that any amount with respect to the Series 2015 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the 9 Code, such computation (the "Rebate Amount Certificate") setting forth the Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service or (3) Bond Counsel. A copy of each such Rebate Amount Certificate shall be filed in the records of the City and with the Trustee. (c) No later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series 2015 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2015 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payrnent of the Series 2015 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payrnents shall be made from any legally available moneys of the City. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives and delivers to the Trustee an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2015 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. Section 3.703. Reports by Trustee. The Trustee shall provide the City within 10 days after each November 15 and within 10 days after the final payment of the Series 2015 Bonds with such reports and information with respect to earnings of amounts held by it under the Agreement of Trust and this Third Supplemental Agreement as may be requested by the City in order to comply with the provisions of this Article. ARTICLE VIII MISCELLANEOUS Section 3.801. Limitations on Use of Proceeds. The City covenants with the holders of the Series 2015 Bonds as follows: (a) The Series 2015 Bonds and the Series 2010 Bonds are the only Bonds currently outstanding. There are no Parity Double Barrel Bonds, Prior Bonds, Subordinate Double Barrel Bonds or Subordinated Debt currently outstanding. 10 (b) The City shall not take or omit to take any action or approve the Trustee's taking any action or making any investment or use of the proceeds of any Series 2015 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2015 Bonds or the Series 2010 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including participating in any issue of obligations that would cause the Series 2015 Bonds or the Series 2010 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148- 10 or successor regulation, or otherwise cause interest on the Series 2015 Bonds or the Series 2010 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2015 Bonds. (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series 2015 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of the Series 2015 Bonds. (c) The City shall not permit the proceeds of the Series 2015 Bonds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2015 Bonds from gross income for Federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2015 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 3.802. Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Third Supplemental Agreement or the Series 2015 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2015 Bonds any legal or equitable right, remedy or claim under or in respect to this Third Supplemental Agreement or any covenants, conditions and agreements herein contained since this Third Supplemental Agreement and all of the covenants, conditions and agreements 11 hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Series 2015 Bonds as herein provided. Section 3.803. Severabilitv. If any provision of this Third Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Third Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 3.804. Successors and Assigns. This Third Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 3.805. Applicable Law. This Third Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 3.806. Counterparts. This Third Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Section 3.807. Patriot Act Disclosure. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [Signature Page Follows] 12 IN WITNESS WHEREOF, the City and the Trustee have caused this Third Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager U.S. BANK NATIONAL ASSOCIATION, as successor Trustee By: Authorized Officer S-1 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer ar its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R(2015)- UNITED STATES OF AMERICA Storm Water Utility Revenue Bond Series 2015 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA $ Interest Rate Maturity Date Dated Date CUSIP November 15, 20_ January 28, 2015 REGISTERED OWNER: CEDE & CO. PRiNCIPAL AMOUNT: The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each May 15 and November 15, beginning May 15, 2015, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the dated date stated above, if this bond is authenticated prior to May 15, 2015, ar(b) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day preceding each interest payment date on registration books kept by U.S. Bank National Association, which has been appointed paying agent and registrar (the "Registrar"); provided, however, that if the Bonds, as hereinafter defined, are registered in the name of a securities depository or its nominee as registered owner or at the A-1 option of a registered owner of at least $1,000,000 of Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payrnent of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $ Storm Water Utility Revenue Bonds, Series 2015 (the `Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity. The Bonds are issued under an Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association, as successor trustee (the "Trustee"), as supplemented by a First Supplemental Agreement of Trust dated as of January l, 2000, as further supplemented by a Second Supplemental Agreement of Trust dated as of November 1, 2010 and as further supplemented by a Third Supplemental Agreement dated as of January 1, 2015 (collectively, the "Agreement of Trust"), and are equally and ratably secured on a parity as to the pledge of Pledged Revenues (as defined in the Agreement of Trust) with the Parity Obligations (as defined in the Agreement of Trust). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds secured by a pledge of Pledged Revenues on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Subordinated Debt, as defined in the Agreement of Trust, may be issued under the terms and conditions set forth in the Agreement of Trust. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City payable solely from Pledged Revenues, except to the extent payable from the proceeds of the Bonds, income from investments, certain reserves and proceeds of insurance, which Pledged Revenues and other moneys have been pledged as described in the Agreement of Trust to secure payment thereof. The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from Pledged Revenues and other moneys pledged therefor, and neither the faith and credit nor the taxing, power of the Commonwealth of Virginia or any political subdivision thereof, including the City, is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds may not be called for redemption by the City except as provided herein and in the Agreement of Trust. Bonds maturing on or before November 15, 2024, are not subject to optional redemption prior to their stated maturities. Bonds maturing on or after November 15, 2025, are subject to redemption at the option of the City beginning on November 15, 2024, in A-3 whole or in part at any time (in any multiple of $5,000), without premium, upon payment of the principal amount of the Bonds so redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Registrar shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof, or if the book-entry system is discontinued, to the registered owners of the Bonds. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and multiples thereof. Upon surrender for transfer or exchange of this bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. A-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the fifteenth day preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the dated date stated above. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia (SEAL) CERTIFICATE OF AUTHENTICATION Date Authenticated: , 2015 Mayor, City of Virginia Beach, Virginia This bond is one of the Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Registrar By: A-5 Authorized Officer ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE 1NSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. 11900983v5 A-6 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO PROVIDE FOR THE ISSUANCE AND SALE OF STORM WATER UTILITY REVENUE BONDS, SERIES 2015, 1N A MAXIMUM AGGREGATE PRINCIPAL AMOLTNT OF $24,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF TO FINANCE THE COST OF IMPROVEMENTS TO THE CITY'S STORM WATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS RELATED TO SUCH FINANCING WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), desires to issue its storm water utility revenue bonds to finance the costs of improvements and extensions to its storm water utility system (the "System"); WHEREAS, the Council has previously adopted ordinances (the "Ordinances") collectively evidencing the City's intent to issue storm water utility revenue bonds to reimburse capital expenditures on the System in the aggregate maximum principal amount of $24,000,000; WHEREAS, the Council has determined that it is in the best interests of the City to undertake the issuance of $24,000,000 in maximum aggregate principal amount of its storm water utility revenue bonds, pursuant to the Ordinances, this Resolution and applicable law; and WHEREAS, there have been presented to this meeting or otherwise made available the following documents and draft documents in connection with the undertaking of the above- described financing and the issuance and sale of such bonds: (a) Agreement of Trust dated as of January l, 2000, between the City and U.S. Bank National Association (as successor to First Union National Bank), as trustee (the "Trustee"), as previously supplemented (the "Master Agreement of Trust"); (b) Draft of Third Supplemental Agreement of Trust dated as of January 1, 2015, between the City and the Trustee (the "Third Supplemental Agreement" and, together with the Master Agreement of Trust, the "Agreement of Trust"), pursuant to which such bonds will be issued, and including the forms of such bonds as an exhibit thereto; (c) Draft of Notice of Sale to be dated on or about January 7, 2015, to advertise such storm water utility revenue bonds for sale (the "Notice of Sale"); (d) Draft of Preliminary Official Statement to be dated on or about January 7, 2015 (the "Preliminary Official Statement"), relating to the public offering of such bonds; and 1 (e) Draft of Continuing Disclosure Agreement dated as of January 28, 2015 (the "Continuing Disclosure Agreement"), pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Rule 15c2-12 promulgated by the Securities and Exchange Commission, as amended (the "Rule"), for the benefit of the holders of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The City hereby authorizes the issuance and sale of its storm water utility revenue bonds in an aggregate principal amount not to exceed $24,000,000 (the "Bonds"), in one or more series, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to finance the costs of improvements and extensions to the System. 2. Third Supplemental Agreement. The City Manager is hereby authorized and directed to execute and deliver the Third Supplemental Agreement, which shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The amendments to the Agreement of Trust set forth in Section 3.103 of the Third Supplemental Agreement, to combine the debt service reserve accounts for all the Storm Water Utility Revenue Bonds of the City, are hereby approved. The execution of the Third Supplemental Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Bond Details. The Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2015," or such other designation as may be approved by the City Manager, shall be dated the date determined by the City Manager, shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be numbered R(2015)-1 upward. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on dates determined by the City Manager, calculated on the basis of a 360-day year of twelve 30-day months. The Council authorizes the issuance and sale of the Bonds in such principal amounts and upon such terms as shall be determined by the City Manager provided that the Bonds shall (a) have a true interest cost not exceeding 4.75% per year (taking into account any original issue discount or premium), (b) have a final maturity no later than the year 2040, (c) be sold at a price not less than 100% of the aggregate principal amount thereof, and (d) be in an aggregate principal amount not exceeding $24,000,000. 4. Preparation and Deliverv of the Bonds. The Mayor is hereby authorized and directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a facsimile thereof to be printed thereon, and the officers of the City are hereby authorized and directed to deliver the Bonds to the Registrar (as defined in the Agreement of Trust) for authentication and delivery to the purchaser. 2 5. Pledge of Securitv. The Bonds shall be limited obligations of the City, payable solely from Pledged Revenues (as defined in the Agreement of Trust) and the funds created by the Agreement of Trust and pledged to the payment of the Bonds, and nothing in the Bonds or the Agreement of Trust shall be deemed to create or constitute an indebtedness or pledge of the full faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. 6. Sale of Bonds. The Bonds shall be sold through a competitive sale. The City Manager is authorized and directed to take all proper steps to finalize and distribute, in accordance with standard practices of municipal securities, the Notice of Sale, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as the City Manager may approve to the reflect the terms of the Bonds determined in accordance with this Resolution. The City Manager is authorized to receive bids for the Bonds and to award the Bonds to the bidder providing the lowest true interest cost, subject to the limitations set forth in Section 3 of this Resolution. The actions of the City Manager in selling the Bonds by competitive sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Council. 7. Official Statement. The City Manager is hereby authorized and directed to approve the distribution of the Preliminary Official Statement to potential purchasers of the Bonds with such completions, omissions, insertions and other changes not inconsistent with this Resolution as the City Manager, in collaboration with Kaufinan & Canoles, a Professional Corporation, as bond counsel for the Bonds ("Bond Counsel"), may consider appropriate to complete it as an official statement in final form. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the final Official Statement to be "final" as of their dates within the meaning of the Rule, except for the omission from the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The City Manager is further authorized, on behalf of the City, to execute the final Official Statement. The distribution of the Preliminary Official Statement and the execution of the final Official Statement by the City Manager shall be conclusive evidence that each has been approved and deemed final. 8. Continuing Disclosure. The City Manager is hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The execution of the Continuing Disclosure Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 9. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested by Bond Counsel are authorized and directed to (a) execute appropriate certificates setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and the regulations thereunder, applicable to "arbitrage bonds," (b) make any elections that such officers 3 deem desirable, in consultation with Bond Counsel, regarding any provision requiring rebate to the United States of "arbitrage profits" earned on investment of proceeds of the Bonds, and (c) file Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of Bond Counsel. 10. Further Actions. All other actions of officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, and the plan of financing related thereto, are hereby approved and ratified. The officers of the City are authorized and directed to execute and deliver such further certificates and instruments and to take all such further actions as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 11. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: P/3 ?M & CA, (? "-v Finance Department APPROVED AS TO LEGAL SUFFICIENCY: J Cit y s Office CA13175 R-1 December 17, 2014 4 CERTIFICATE The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), hereby certifies that: 1. A meeting of the Council was duly called and held on January 6, 2015 (the "Meeting"). 2 Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2015, in a Maximum Aggregate Principal Amount of $24,000,000, Providing for the Form, Details and Payment Thereof, to Finance the Cost of Improvements to the City's Storm Water Utility System and Authorizing the Execution and Delivery of Certain Documents Related Thereto," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Robert M. Dyer Shannon DS Kane James L. Wood John E. Uhrin Barbara M. Henley M. Ben Davenport John D. Moss Rosemary Wilson Amelia Ross-Hammond Present Absent Yes No Abstaining 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS MY HAND and the seal of the City of Virginia Beach, Virginia, this day of January, 2015. Clerk, Council of the City of Virginia Beach, Virginia (SEAL) 11900968v4 5 u,IA:?9cyy?,7 s; w.r,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of American Medical Response Mid- Atlantic, Inc. in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: January 6, 2015 ¦ 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: American Medical Response Mid-Atlantic, Inc.'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 American Medical Response Mid- Atlantic, Inc. 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 30t", 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 Manage . 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 AMERICAN MEDICAL RESPONSE MID-ATLANTIC, INC. IN 3 VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS 4 PERMIT FOR PROVIDING PRIVATE AMBULANCE 5 SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2 , any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non-emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received from American Medical Response Mid-Atlantic, Inc.; and 18 19 WHEREAS, this request and application has been recommended for approval by 20 the Virginia Beach Department of Emergency Medical Services; and 21 22 WHEREAS, City Council finds the approval of this request and application is in the 23 best interests of the citizens of Virginia Beach as it will assure continued and adequate 24 emergency services and will preserve, protect and promote the public health, safety and 25 general welfare of the citizens. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the request of American Medical Response Mid-Atlantic, Inc. for the 31 establishment of its emergency medical service in the City of Virginia Beach, and its 32 application for an annual EMS permit for providing private EMS ambulance services in the 33 City of Virginia Beach is hereby approved and granted, effective immediately and until June 34 30, 2015. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: E4-?ergency edical Services City Attorney's ffice CA13241 R-1 December 15, 2014 r ( 'SV S'e 4 1 ?y?2 O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of Equipment from the Hampton Roads Planning District Commission to Improve Regional Communications MEETING DATE• January 6, 2015 ¦ Background: The Hampton Roads Planning District Commission (HRPDC), using Urban Area Security Initiative (UASI) grant funding, purchased various equipment with the intent of donating the equipment to the City of Virginia Beach. The purpose of the equipment is to support and improve regional communications when mutual aid and other various communications are required. City staff believes that this equipment will allow advancement of several key City communications initiatives including the addition of VoIP and video capabilities to the 18 site regional microwave network. Further enhancements to the overall communication capabilities include the integration of telephone and radio--systems. Emergency Operating Centers and other communications facilities are now able to communicate in a variety of ways with those on and off the microwave network-a benefit for state and federal interoperable communications. ¦ Considerations: The Department of Communications and Information Technology (ComIT) recently completed its Master Technology Plan. One of ComIT's infrastructure initiatives from its Master Technology Plan (I-7 "Sustainable Technology Infrastructure Funding") is to develop a reliable long-term funding mechanism to ensure core technologies are maintained and sustained. The acceptance of this donated equipment will help move this strategic initiative forward while allowing the ability to replace legacy phone infrastructure as well as adding video capabilities for the City's emergency operations center both locally and regionally. ¦ Public Information: Public information will be handled through the normal Council Agenda Process. ¦ Recommendations: Adopt the attached ordinance to accept the equipment. ¦ Attachments: Ordinance; Letter from Hampton Roads Planning District Commission with attachment ("Acknowledgement of Receipt for ponated Equipment") Recommended Action: Approval Submitting DepartmentlAgency: Department of Communications and Information Technology ? City Manager. ?? " t/A A-h1:77'£1 J`wd RL?'.4 L75 - , ? ? PLfiNMlNG OFS7'i?tCT COKN/53lOX . k'Ln:FN. tNTCRi.u lxGCyfTYk' prRGCTA. MEMSEffi :3 U R:I:? d t? T f L31V £roOctaber 33, Zf314 CHES1iP£fKK:£ Mr: Mattlaew B. Aruay ?R?,,,??L??, Chief Tnfoz-matiia-n 4ff'icer Giiy of Vi:rginia Be.ar;h 2400 Ctaurthouse Driue $ulldia7t9 2; R+aOZii B21 Vir.ginia Beach, VA 23456 RE: HRl?DCLetterqf Donati-on IS.tE DPMfL6#3'f Dear Mr: Arvay.: Ttie Hainpton Roacis Planining Cistrict +Gornrnfssion (HRPDC) fbrmaliy d:onafies to the tity pf Virginia Beach, tlie. equipment thatt was procurecl Newpa?T NtWS for the sum of $736,543:.ZZ. T}etails are provided iii the fabwing attachnaents and for the following amounts; HR:PDC purchase crrder nuzziber 2014-12" for the amount of $67713-58,82: HR:PBC purchase orcter number 2014-43 for the amount.of $49,999,40. P4TRTBM"t3:Y1;ti HRPT?C p.urchase ard.ernumber 2015-04 forthe am.ourztaf $91185100. Tf you have any q?zestions please cotitt?ct me. $il?CeTely, sc+um+-Fata;atc9 y RaI3'dy KeatQT] Iriterlm EXeclil7VC D2T'ECt03' SLf f?RY DC/jG VtR'Gf7+1I.R $EACtI Artachments Wt Li:.tA.M 5$LJ?R?G?. Y13 ft K H?EP.D37UART£,RS • T1iE R`CitY?Nql 9LiL.0:1146 - T2S WQOOLAK£ ORiYE • L'.i-fESAPEAKE,.'Y1RG1NiA ZS320 •f'7577 4ap•8300 Hampton RQads Ur6an ArEas Security lnitiative Acknowledgement of Receipt for ponated Equipment The Hampton Roads Planning District Commissian (HRPDC) has purchased equipment on behalf of Hamptc?n Roads jurisdictions, agencies and arganizations under the Hampton Roads tJrban Areas Security Initiative (UAST) Gran?, and agrees to transfer ownership of the equipmer?t listed on the attached farm to Donee (as defined below) at no cost under the faliowing conditions: 1. Donee agz-ees to use the equipment to address unique muita-disciplinary pIanning, organization, equipment, training, and exercise needs of Hamptorz Roads, and assist in building and sustaaning capabilities to prevent pratect against, respond ro, and recover fr4m threats or acts of terroristn. 2. Donee agrees ta provide proper storage and reasonable maintenance, repair and use to mair?taiz? operational candition ofthe equipmen?. 3. Donee agrees to take possessian of the equipment listed below on an "as is" basis, without any representation ar warranties, express or impiied, including warranties of c}uaIity, perfc?rmance ar fitness for a parricutar purpose. Under no circumstances wi11 the FIRPDC be Iiable to Donee or any ather par€y for any direct, indirect, incidental, special ar cansec?uential damages arising out of or related to the equipment HRPDC shall have no obligations for the repair, rnaintenance, or for any ather Ubligaiions with respect to the equipment. 4. Donee wiil receive all rights, tatles and interest in the equiprnent 1isted below. ''l?is transaction daes not canstitute a sale of the equipment Donee agrees ifi will take full respc?nsibilit?y for meeting applicabte federal requirements. I hereby acknovvIedge the receipt Qf the follawing equipment (see attached): Donee (Locality) Received By. Title: Signature Date ? ?.. .? * . ? -? ,r I.JASi?r* * K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT A DONATION OF EQUIPMENT FROM THE HAMPTON ROADS PLANNING DISTRICT COMMISSION TO IMPROVE REGIONAL COMMUNICATIONS APPROVED AS TO LEGAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The City of Virginia Beach hereby accepts from the Hampton Roads Planning District Commission equipment to provide improved communications capabilities within the region; and 2. The City Manager or his designee is authorized to execute an acknowledgement of receipt in a form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2015. APPROVED AS TO CONTENT: NC . 7(CityAft?ornice Budget and Management Se ices ' CA 13242 R-1 December 18, 2014 ,?s?"'u e?^ yy ?°``? . ?"°•,'g?,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish CIP # 2-004, "Corporate Landing Roadway Improvements", and to Accept and Appropriate Funds from the Commonwealth of Virginia and the City of Virginia Beach Development Authority to CIP # 2-004 MEETING DATE: January 6, 2015 ' Background: Green Flash Brewing Company, a San Diego based craft brewery selected Virginia Beach as the location for its $20 million East Coast brewing facility. This facility is projected to create 41 new jobs housed in a new 50,000 square foot building at Corporate Landing. The construction of the new building necessitates the construction of a new road, Craft Lane, to access the site. The new road will provide vehicular access to Green Flash and additional sites in Corporate Landing. The total cost to construct the roadway and storm water facilities to service the development is estimated at $1,625,051. The Commonwealth Transportation Board (CTB) has approved a grant in the amount of $453,000 from the Virginia Economic Development Access Fund Program. The remaining costs will be paid by the Virginia Beach Development Authority. ` Considerations: The attached Ordinance establishes a capital project for the construction of the roadway and associated storm water facilities - CIP # 2-004 "Corporate Landing Roadway Improvements," and it will appropriate $453,000 from the State and $1,172,051 from the City of Virginia Beach Development Authority. Approval of this item will allow staff to move forward with awarding bids for the construction of the project to allow the company to meet its timeline for occupancy. ' Public Information: Public Information will be provided by the regular City Council agenda process. ' Recommendations: Approval of the attached ordinance. ' Attachments: Ordinance, Location Map, and Project Cost Estimate Recommended Action: Approval Submitting Department/Agency: Economic Development and Public Works City Manager: ? , 7:? GREEN FLASH ROADWAY IMPROVEMENTS VIRGINIA BEACH, VA o so ,oo zoo Kimley)))Horn CREATED BY: E.ATHERTON ee AERIAL LOCATION DATE: 10/31/2014 KHAPROJECT NUMBER:116049069 Preliminary Opinion of Probable Construction Cost Green Flash Roadwav Improvements (90% Plans) Item No. Spec Section Description Quantity Units Unit Price Cost ' General ltems 1 VDOT 513 Mobilization 1 LS $65,200.00 $65,200 2 VDOT 517 Construction Surveying 1 LS $10,000.00 $10,000 3 VDOT 303 Construction Entrance 1 EA $3,000.00 $3,000 4 VDOT 301 Clearing & Grubbing 1.80 ACRE $10,000.00 $18,000 5 VB 303 Regular Excavation 3,140 CY $15.00 $47,100 Pavement Items 6 VDOT 315 Asphalt Concrete TY. SM-9.5A 650 TON $85.00 $55,250 7 VDOT 315 Asphalt Concrete TY. IM-19.OA 450 TON $80.00 $36,000 8 VDOT 315 Asphalt Concrete TY. BM-25.0 670 TON $70.00 $46,900 9 VDOT 309 Aggregate Base Material TY. I No. 21A/B 2,800 TON $35.00 $98,000 10 VB 303 Geotextile Fabric (Subgrade Stabilization) 4,470 SY $2.50 $11,175 Drainage Items 11 VDOT 302 Reinforced Concrete Pipe, 15" 733 LF $45.00 $32,985 12 VDOT 302 Reinforced Concrete Pipe, 36" 44 LF $150.00 $6,600 13 VDOT 302 Reinforced Concrete Pipe, 42" 347 LF $200.00 $69,400 14 va 302 Drop Inlet, DI-3A 6 EA $3,500.00 $21,000 15 vg 302 Drop Inlet, DI-3C, L= 6' 1 EA $4,000.00 $4,000 is vg 302 Drop Inlet, DI-3C, L= 8' 1 EA $4,400.00 $4,400 17 vs 302 Drop Inlet, DI4A 3 EA $5,000.00 $15,000 18 VDOT 302 15" End Section, ES-1 2 EA $900.00 $1,800 is VDOT 302 42" End Section, ES-1 1 EA $2,500.00 $2,500 20 VDOT 302 Erosion Control Stone, EC-1, Class A1 32 TON $100.00 $3,200 21 vg 302 Manhole, MH-1 1 EA $5,000.00 $5,000 22 vg 302 MH-1 Frame and Cover 2 EA $1,500.00 $3,000 Demolition Items 23 VB 515 Flexible Pavement Planing 2,320 SY $4.00 $9,280 24 VDOT 315 Saw Cut Asphalt Pavement 1,350 LF $15.00 $20,250 25 vs 508 Demolition of Pavement (Asphalt) 320 SY $10.00 $3,200 26 VB 510 Modify Existing Drop Inlet 1 EA $2,000.00 $2,000 27 VB 510 Remove Existing Sidewalk 200 SY $10.00 $2,000 28 VB 510 Remove Existing Entrance 13 SY $15.00 $195 29 VB 510 Remove Existing Curb / Curb and Gutter 1,220 LF $12.00 $14,640 Incidental Roadway Items 30 VDOT 502 Std. Curb CG-2 458 LF $15.00 $6,870 31 VDOT 502 Radial Curb CG-2 161 LF $17.00 $2,737 32 VDOT 502 Std. Combination Curb and Gutter CG-6 1,206 LF $18.00 $21,708 33 VDOT 502 Radial Combination Curb and Gutter CG-6 163 LF $20.00 $3,260 34 VDOT 502 Commercial Entrance CG-9D 28 SY $80.00 $2,240 35 vDor 502 Commercial Entrance CG-13 76 SY $80.00 $6,080 36 vg 502 Curb Ramp with Detectable Warning SurFace CG-12 42 SY $150.00 $6,300 37 VDOT 502 Raised Median Strip, MS-1A 62 SY $100.00 $6,200 sa VDOT 504 Hydraulic Cement Conc. Sidewalks (4" Depth) 780 SY $35.00 $27,300 39 va 510 ReseUlnstall R/W Monument (Concrete) 12 EA $200.00 $2,400 Continued on page 2 November 5, 2014 1 ?????? ))) Horn Pavement Markin s/Si nin ao vB 704 Pavement Line Markin s, T pe B Class I 4" Yellow Solid 1,710 LF $0.75 $1,283 41 vg 704 Pavement Line Markin s, T pe B Class I 6" Solid White 635 LF $1.00 $635 42 VB 704 Pavement Line Markin s, T e B Class I 6" White Mini Skip) 460 LF $1.00 $460 43 vg 704 Pavement Line Markin s, T pe B Class I(24" Solid White) 250 LF $3.00 $750 vg 704 Pavement Messa e Mark: Sin le Elon ated Arrow 16 EA $150.00 $2,400 va 704 Pavement Messa e Mark: Double Elon ated Arrow 3 EA $200.00 $600 va 704 Pavement Messa e Mark: ONLY 4 EA $400.00 $1,600 vs 701 Si n Panel 50 SF $60.00 $3,000 F Utilities vB 520 Removal of Exist. Fire H drant 2 EA $1,500.00 $3,000 49 vs 52o Fire H drant, Lateral, and Valve 3 EA $4,500.00 $13,500 0 vg 520 Removal of Exist. Water Meter, Box, and Service Line 1 EA $750.00 $750 51 vs 520 Water Main 12" Ductile Iron 610 LF $120.00 $73,200 Erosion & Sediment Control VDOT 303 Drop Inlet Silt Trap (Type A) 5 EA $250.00 $1,250 VDOT 303 Drop Inlet Silt Trap Type B) 14 EA $250.00 $3,500 r VDOT 303 Drop Inlet Silt Trap (Type C) 1 EA $250.00 $250 55 v6 303 Temporary Silt Fence 1,450 LF $3.00 $4,350 56 VB 303 Temporary Tree Protection Fence 135 LF $5.00 $675 57 VB 244 Topsoil, Class A 0.81 ACRE $10,000.00 $8,100 v6 603 Regular Seed 130 LB $15.00 $1,950 va 603 Temporary Seed 130 LB $8.00 $1,040 VB 603 Fertilizer (10-20-10) 0.21 TON $1,200.00 $252 r v6 603 Lime 1.7 TON $300.00 $510 Li htin S stem suppi. Lighting Control Center 1 EA $10,000.00 $10,000 63 vooT 700 Junction Box JB-S1 5 EA $850.00 $4,250 64 vDoT 700 6 Conductor Cable 600 LF $2.00 $1,200 ss ve 700 Conduit (2" PVC, Trenched) 600 LF $12.00 $7,200 ss vooT ?oo Trench Excavation ECI-1 600 LF $12.00 $7,200 67 suPPi. LED Cobrahead Street Light 4 EA $2,000.00 $8,000 Maintenance of Traffic ss VD0T511 Allaying Dust 20 HR $70.00 $1,400 ss VB 512 Type III Barricades (8') 2 EA $600.00 $1,200 70 v6 512 Construction Signs 1,260 EA/DAY $2.50 $3,150 71 VB 512 Truck Mounted Attenuator 60 DAY $50.00 $3,000 72 VB 512 Group 2 Channelizing Device 2,880 EA/DAY $0.50 $1,440 Total Construction Cost $ 867,265 20% Contingency $ 173,453 Total Construction Cost w/20% Cont. $ 1,040,717 Continued on page 3 November 5, 2014 2 ?i m I ?? ))) ?? o' r n Preliminary Opinion of Probable Construction Cosf Green Flash Stormwater Manaqement Facilitv (90% Plans) Item Na. Spec Section Description Quantity Units Unit ' Pnce Cosf Item No. Spec Section Cor orate Landin Re ional BMP Descnption Quantity Units Unit Price Cost ' 1 VDOT 513 Mobilization 1 LS $38,700.00 $38,700 2 v6 302 24" End Wall, EW-11 1 EA $10,000.00 $10,000 3 F VB 303 SWM Excavation 22,700 CY $15.00 $340,500 a ve 302 24" End Section, ES-1 1 EA $1,200.00 $1,200 5 vDor 302 Erosion Control Stone, EC-1, Class A1 197 TON $100.00 $19,700 6 VDOT 302 Erosion Control Matting, EC-2 3,590 SY $2.50 $8,975 7 VDOT302 Reinforced Concrete Pipe, 24" 37 LF $150.00 $5,550 VB 303 Temporary Silt Fence 1,200 LF $3.00 $3,600 r VB 303 Temporary Tree Protection Fence 50 LF $5.00 $250 VDOT 303 Drop Inlet Silt Trap (Type C) 1 EA $250.00 $250 1 VDOT 301 Clearing & Grubbing 2.60 ACRE $10,000.00 $26,000 12 VB 244 Topsoil, Class A 1.20 ACRE $10,000.00 $12,000 13 va so3 egular Seed R 180 LB $15.00 $2,700 v6 603 Temporary Seed 180 LB $8.00 $1,440 vg 603 Fertilizer (10-20-10) 0.30 TON $1,200.00 $360 r vB 603 Lime 2.4 TON $300.00 $720 7 vDOT 302 Aquatice Bench Planting 1 LS $15,000.00 $15,000 Total Construction Cost $ 486,945 20% Contingency $ 97,389 Total Construction Cost w/20% Cont. $ 584,334 November 5, 2014 3 '&Jrnley?)?? Horn 1 AN ORDINANCE TO ESTABLISH CIP# 2-004, 2 "CORPORATE LANDING ROADWAY IMPROVEMENTS," 3 AND TO ACCEPT AND APPROPRIATE FUNDS FROM THE 4 COMMONWEALTH OF VIRGINIA AND THE CITY OF 5 VIRGINIA BEACH DEVELOPMENT AUTHORITY TO 6 PROJECT # 2-004 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. CIP #2-004, "Corporate Landing Roadway Improvements," is hereby 12 established in the FY 2014-15 Capital Improvement Program; 13 2. $453,000 is hereby accepted from the Commonwealth of Virginia Economic 14 Development Access Fund Program and appropriated, with estimated state 15 revenues increased accordingly, to CIP #2-004; and 16 3. $1,172,051 is hereby accepted from the City of Virginia Beach Development 17 Authority and appropriated, with estimated local revenues increased 18 accordingly, to CIP #2-004. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of )2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Services CA13243 R-1 December 18, 2014 APPROVED AS TO LEGAL -? CITY OF VIRGINIA BEACH ITEM: Ordinance Approving Modifications to the Terms of the RA Note Associated with the Town Center Phase V Development Agreement MEETING DATE: January 6, 2015 ¦ Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City of Virginia Beach (the "City") when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved five phases of development at Town Center. Phases I, II, III and V have been completed on nine blocks, and consist of approximately (i) 815,000 square feet of office space, (ii) nineteen restaurants totaling 117,000 square feet, (iii) 190,000 square feet of retail space, (iv) 804 residential units, and (v) 412 hotel rooms. Phase IV expired prior to commencement of construction. Phase V of the Project consists of a single-block mixed-use development on Block 11 of the Project, with 267 apartments, 8 floors of office space, 18,000 square feet of retail space, and a 917-space public parking garage (the "Phase V Parking Garage"). The obligations of the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") for Phase V are set forth in the Phase V Development Agreement dated November 30, 2012 (the "Development AgreemenY'), as modified by the First Modification to Phase V Development Agreement dated April 25, 2013 (the "First Modification") and the Second Modification to Phase V Development Agreement dated October 1, 2014. As with past phases, the Developer and its related entities are responsible for constructing all improvements at Phase V, and the Authority has agreed to acquire the Phase V Parking Garage when Phase V is fully constructed for a guaranteed maximum price of $20,100,000. In order to fund the purchase of the Phase V Parking Garage, the Authority issued bonds (the "Bonds"). The Bonds are repaid with monies appropriated by the City to the Authority from the Central Business District -South Tax Increment Financing Fund (the "TIF"). The TIF is funded with the incremental real estate taxes paid for property located within approximately 350 acres around Town Center (the increment being the annual increased taxes paid over the baseline established in 1999). The "Core Area" of Town Center is the 10-block area that has been developed by the Developer and the City. As with other phases of the Project, and based on the projected balance of the TIF during the term of the Bonds for Phase V, a prerequisite for the Authority to acquire the Phase V Parking Garage is that the Developer signs an RA Note in the amount of $3,850,000 (the "RA Note"). "RA" stands for "Reimbursement Amount". The amount of the RA Note was calculated at the time of the execution of the First Modification to ensure that the TIF Fund would have sufficient balances to meet all the debt service obligations going forward. A chart showing the projected balances of the TIF is attached to the Ordinance as "Exhibit B". The Development Agreement requires that the RA Note be personally guaranteed by the principals of the Developer, Louis Haddad and Daniel Hoffler (collectively, the "Guarantors"). The RA Note is to be paid, starting in December of 2015, in nine annual installments as follows: four payments of $400,000 and five payments of $450,000 (each an "Annual Payment"). Under the terms of the RA Note, the Developer is entitled to a credit against each Annual Payment equal to the real estate taxes paid to the TIF on improvements constructed on Block 9 at Town Center (currently the surface parking lot between the Westin and Cosmopolitan Apartments), For example, if in 2016, improvements to Block 9 generated an additional $274,000 in real estate taxes to the TIF, the Annual Payment would be reduced to $126,000. Since execution of the First Modification, the Developer has made approximately $6,000,000 more in capital investment in the Core Area than was anticipated. The investments have been to Block 11 (the new tower) and Block 12 (the Dick's Sporting Goods Building) and are anticipated to yield additional assessed value to the Core Area and be beneficial to the TIF. Accordingly, the Developer has requested the City and Authority amend the terms of the RA Note to change the method of calculation of the credit against the Developer's obligation to make the Annual Payments. The requested change would give the Developer a credit in an amount equal to the difference between the projected Core Area taxes and the actual real estate taxes paid to the TIF in the Core Area each year of the term of the RA Note. In addition to expanding the area where the credit could be earned (from Block 9 to the entire Core Area), this modification would also change the manner of calculation from the assessed value added to the TIF to the actual taxes paid to the TIF; thereby factoring in a change in the real estate tax rate (up or down) in the credit during the term of the RA Note. The Developer has also requested a change in the Guarantors from Mr. Haddad and Mr. Hoffler to the recently formed and publically traded Armada Hoffler Properties, Inc. ("AH"). City staff has reviewed the financial statements of AH and is satisfied AH is sufficiently capitalized to be an acceptable guarantor. ¦ Considerations: Under the proposed change to the method of calculation of the Developer's credit, payments would be due on the RA Note on December 15t" of each year for the next nine years. The Developer could earn a credit in the amount of the actual real estate taxes paid into the TIF from the Core Area that exceeds the taxes that were projected to be paid to the TIF from the Core Area, so long as the overall balance of the TIF remains positive. Exhibit B to the Ordinance also shows the projected taxes to be paid from the Core Area as of the time the First Modification was executed. This proposed change would still protect the original purpose of the reimbursement amount provision to ensure the TIF has sufficient monies to meet all the debt service associated with Town Center, while giving the Developer credit for the additional funds it invests in the Core Area. ¦ Information: Public information for this item will be handled through the normal Council agenda process. ¦ Recommendations: Approve the requested change to the terms of the RA Note; request approval and execution by the City of Virginia Beach Development Authority. ¦ Attachments: Ordinance, Exhibit A(Location Map), Exhibit B(Projected TIF Balance and Projected Core Area Taxes), Exhibit C(Summary of Terms). Recommended Action: Approval Submitting DepartmentlAgency: Economic Developmen City Manager: ??4 ??- 1 ORDINANCE APPROVING MODIFICATIONS 2 TO THE TERMS OF THE RA NOTE 3 ASSOCIATED WITH THE TOWN CENTER 4 PHASE V DEVELOPMENT AGREEMENT 5 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 7 Virginia Beach Development Authority (the "Authority"), the City Manager and City 8 staff have engaged in extensive negotiations with representatives of Town Center 9 Associates, L.L.C. (the "Developer") and its affiliates, regarding the continued 10 development of the Central Business District project known as The Town Center of 11 Virginia Beach (the "Project"); 12 13 WHEREAS, the Project is a development arrangement between the Authority 14 and the Developer for a mixed-use commercial development utilizing the structure of 15 an economic development park in the B-3A Pembroke Central Business Core 16 District, an area of the City that is zoned to optimize development potential for a 17 mixed-use, pedestrian-oriented, urban activity center with mid-to-high-rise structures 18 that contain numerous types of uses, including business, retail, residential, cultural, 19 educational and other public and private uses; 20 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 22 99-2567B establishing the Central Business District-South Tax Increment Financing 23 Fund (the "TIF"); 24 25 WHEREAS, the TIF is funded with incremental real estate taxes paid in the 26 area shown on the location map attached as Exhibit A, and is used by the City and 27 Authority to service debt issued to pay for the public improvements associated with 28 the Project; 29 30 WHEREAS, the "Core Area" of the TIF, shown on Exhibit A, is the 10 block 31 area developed by Developer as part of the Project; 32 33 WHEREAS, Phases I, II, III and V of the Project are complete: Phase IV has 34 expired; 35 36 WHEREAS, Phase V was approved by City Council and the Authority in 37 November of 2012, and then modified twice, first in 2013 and second in 2014; 38 39 WHEREAS, the Authority has committed to purchase a parking garage as a 40 part of Phase V for $20,100,000 (the "Authority Purchase Price"), although 41 construction is complete on Phase V, the transaction has not yet closed; 42 43 WHEREAS, the Authority Purchase Price is to be funded with bonds issued 44 by the Authority and repaid with monies appropriated by the City from the TIF to the 45 Authority (the "Phase V Bonds"); 46 47 WHEREAS, to ensure the TIF has sufficient balances to service the Phase V 48 Bonds, and the remaining bonds from the first three phases of the Project (the "Debt 49 Service"), the Developer is required to execute a promissory note payable to the 50 Authority in the amount of $3,850,000 (the "RA Note"); 51 52 WHEREAS, the RA Note is payable in four annual installments of $400,000 53 followed by five annual installments of $450,000; 54 55 WHEREAS, the amount of the RA Note was calculated by the City as the 56 projected amount necessary to ensure the TIF has sufficient funds to pay the Debt 57 Service; 58 59 WHEREAS, the projected balances of the TIF, including payment of the debt 60 associated with the Phase V Bonds, are shown on Exhibit B, attached hereto and 61 incorporated herein; 62 63 WHEREAS, under the terms of the Phase V Development Agreement and the 64 RA Note, the Developer is entitled to a credit for taxes associated with the assessed 65 value of improvements constructed on Block 9 of the Project (the "RA Credit"); 66 67 WHEREAS, the Developer requests that the RA Credit calculation be 68 modified as follows: a) substitute "assessed value of improvements" with "actual 69 real estate taxes paid" and b) substitute "Block 9" with "the entire Core Area". 70 71 WHEREAS, the projected Core Area Taxes are also shown on Exhibit B; 72 73 WHEREAS, the Developer has also requested the City and Authority allow 74 the substitution of the guaranty of the RA Note from the principals of the Developer 75 (Louis Haddad and Daniel Hoffler) to the public entity which owns the Developer, 76 Armada Hoffler Properties, Inc. (the "Substitute Guarantor"); 77 78 WHEREAS, City Council is of the opinion that allowing the change to the 79 calculation of the RA Credit and the Substitute Guarantor to guaranty the RA Note 80 will not harm the liquidity of the TIF nor increase the probability that the City's 81 general fund would need to supplement the TIF to pay any of the debt associated 82 with the Project; 83 84 WHEREAS, the City Council finds that agreeing to the requested changes will 85 promote the future success of the Project thereby stimulating the City's economy; 86 increase public revenues; enhance public amenities and further the City's 87 development objectives for the Project; and provide necessary components to 88 further the goals contained in the City's Guidelines for Evaluation of Investment 89 Partnerships for Economic Development; and 90 91 WHEREAS, the City Council hereby approves the requested changes to the 92 RA Note as set forth on the Summary of Terms attached hereto as Exhibit C. 93 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 94 VIRGINIA BEACH, VIRGINIA; 95 96 1. That the modification to the terms of the Phase V RA Note in the 97 amount of $3,850,000 is hereby approved, so long as such modifications are 98 consistent with the Summary of Terms attached hereto as Exhibit C and made a part 99 hereof, and such other terms, conditions or modifications as may be acceptable to 100 the City Manager and in a form deemed satisfactory by the City Attorney. 101 102 2. That City Council recommends the City of Virginia Beach Development 103 Authority consider adopting a resolution approving the modifications to the terms of 104 the Phase V RA Note approved by this Ordinance. 105 106 Adopted by the Council of the City of Virginia Beach, Virginia, on the 107 day of , 2015. APPROVED O4LLAL SUFFICIEN M ? City Attorney APPROVED AS TO CONTENT Economic Development APPROVED AS TO FUNDS AVAILABILITY pa'?fiHIA0j,"d, inance Department CA13193 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D023\P019\00174316.doc R-1 December 30, 2014 ?. ? ?? - „? ! ,i' , . `: ?ci ?J i} . ? ?a . d Q ? (;4?" •s?? ?O ? ??'{v?i•?r;, ' i ? (} ?s ? r% r-° I t?... . ?. ? vP r . ? p ? O y ? ?w f ? ? ?r?? • ? . Q? .. a.p p 4 _ t °.?,? ? ? ? ?4',;??? _'?'• ?' y i ' ? L> D f ?„-.--' '-' , .,_.. , . . ? ? ?' ? ? •'"? ' ? c C C. _ ( ? ? . ? ? ?. , ?? •.??i?, - ? 4a?.?. o . lO --- i , La ? ? ! { /? ?1 ' IZ) .:....?-- k ,f ? .. , ; ? ?_ y°'? ?• ?:?i1;.i ??t? ? _ _ ?_ ' oj?t'i sfl i ? ? r a l?r I ?. LIO dr°.,, ??IIc-0 53 - 'S,? aTit3:. ! rS? ii ??Q Ct cs 6?pd oP Q 70Q ? ? i;? U p • fY'E L ??':? ? . ? ?•it??; (? ?e!5? ?,?"'JC7? __.:_,__' : - -_ ? t7 O;" []tlti?l?r+{?1 C3 ? ???T . ; ; [f ?• _... . --r ? t?.., ?=_ *-._.-_ . ._'. ..._. _ . _... -._ °°- . o?^ r? e o c G ? `? ? .? ,- ac' ? 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II Z ?I D? ??I Core TC TIF District Real Estate Tax Revenue Tax Rates Per $100 of Assessed Value: FY-13 actual FY-14 forward Assumed Growth in Assessed Values Tax Rates Per $100 of Assessed Value: Base Year FY 98-99 Projected Real Estate Assessments Phase I: Blocks 4& 5 Phase II: Block 3 Phase II: Block 8 Phase II: Block 10 Phase II: Block 12 Phase III: Block 7 Phase III: Block 6 Phase III: Block 5 Phase IV: Block 2 Phase IV: Block 9 Phase V: Block 11 Total Projected Core Assessments in FY-13 Actual/Projected Real Estate Assessments in FY-15 Amount FY-15 RE Assessments Greater (Lesser) than Projected $0.95 $0.93 20,276,974 Total Projected Core RE Tax Revenue in FY-13 @$.95 original PhV projection* Cumulative Overall TIF Fund Balance Projected Cumulative Fund Balance in FY-13 - original projection Projected Cumulative Fund Balance in FY-15 - updated projection Amount FY-15 Cumulative Fund Balance is Greater (Lesser) than Projected EXHIBIT B (Page 1 of 3) $0.95 Final FY 12-13 109,748,200 18,880,500 7,834,600 60,192,700 11,758,100 101,570,900 12,525,500 15,799,200 2,987,600 1,762,500 4,741,700 $347,801,500 $347,801,500 $0 $3,111,483 4,630,331 4,630,331 $0 *This line is the basis for the calculation of the RA Credit EXHIBIT B (Page 2 of 3) 2.0% $0.93 $0.93 Final Land Book Estimated FY 13-14 FY 14-15 2.0% 2.0% $0.93 $0.93 Estimated Estimated FY 15-16 FY 16-17 2.0% 2.5% $0.93 $0.93 Estimated Estimated FY 17-18 FY 18-19 114,111,900 116,394,138 118,722,021 121,096,461 123,518,390 126,606,350 20,454,000 20,863,080 21,280,342 21,705,948 22,140,067 22,693,569 7,834,600 7,991,292 8,151,118 8,314,140 8,480,423 8,692,434 63,286,600 64,552,332 65,843,379 67,160,246 68,503,451 70,216,037 12,359,500 12,606,690 12,858,824 13,116,000 13,378,320 13,712,778 82,108,500 83,750,670 85,425,683 87,134,197 88,876,881 91,098,803 12,905, 300 13,163,406 13,426, 674 13,695, 208 13,969,112 14,318,340 16,037,400 16,358,148 16,685,311 17,019,017 17,359,398 17,793,382 2,987,600 3,047,352 3,108,299 3,170,465 3,233,874 3,314,721 1,845,700 1,882,614 1,920,266 1,958,672 1,997,845 2,047,791 5,930,600 78,189.660 79,753,453 81,348,522 82,975,493 85,049,880 $339,861,700 $418,799,382 $427,175,370 $435,718,877 $444,433,255 $455,544,086 $339,861,700 $383,565,250 $437,812,264 $446,568,509 $455,499,879 $464,609,877 $0 ($35,234,132) $10,636,894 $10,849,632 $11,066,625 $9,065,791 $3,036,055 $3,785,963 $3,865,535 $3,946,698 4,310,474 3,641,372 3,072,922 2,490,310 4,176,376 2,988,741 2,324,042 1,692,415 $4,029,485 $4,135,038 1,935,777 1,494,152 1,136,159 697,953 ($134,098) ($652,632) ($748,880) ($797,895) ($799,617) ($796,199) EXHIBIT B (Page 3 of 3) 2.5% 2.5% 2.5% 2.5% 2.5% $0.93 $0.93 $0.93 $0.93 $0.93 Estimated Estimated Estimated Estimated Estimated FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 129,771,509 133,015,797 136,341,192 139,749,721 143,243,464 23,260,908 23,842,431 24,438,492 25,049,454 25,675,690 8,909,744 9,132,488 9,360,800 9,594,820 9,834,691 71,971,438 73,770,724 75,614,992 77,505,367 79,443,001 14,055,598 14,406,988 14,767,162 15,136,341 15,514,750 93,376,273 95,710,680 98,103,447 100,556,033 103,069,934 14,676, 298 15,043,205 15,419,286 15,804,768 16,199,887 18,238,217 18,694,172 19,161,527 19,640,565 20,131,579 3,397,589 3,482,529 3,569,592 3,658,832 3,750,303 2,098,986 2,151,461 2,205,247 2,260,378 2,316,888 87,176,127 89,355,530 91,589,418 93,879,154 96,226,133 $466,932,688 $478,606,005 $490,571,155 $502,835,434 $515,406,320 $473,902,075 $483,380,116 $493,047,718 $502,908,673 $512,966,846 $6,969,387 $4,774,111 $2,476,563 $73,238 ($2,439,474) $4,243,229 $4,354,126 $4,467,795 $4,584,305 $4,703,729 1,114,511 803,079 555,456 712,609 3,781,078 424,776 277,243 248,901 679,954 4,569,297 ($689,734) ($525,836) ($306,555) ($32,655) $788,219 EXHIBIT C SUMMARY OF TERMS Modification to the Terms of the Phase V RA Note CURRENT TERMS Principal: $3,850,000 Obligor: Town Center Associates, L.L.C. Noteholder: City of Virginia Beach Development Authority ("Authority") Repayment Terms: Four (4) annual payments of $400,000, followed by five (5) annual payments of $450,000 Guarantors: Louis Haddad and Daniel Hoffler Annual Credit: 1) Assessed value of improvements constructed at Block 9 of Town Center multiplied by 0.0093 (the real estate tax rate); and 2) Revenue received by the Authority for leasing of parking spaces in Block 11, up to $100,000 per year. MODIFIED TERMS Principal: $3,850,000 Obligor: Town Center Associates, L.L.C. Noteholder: City of Virginia Beach Development Authority ("Authority") Repayment Terms: Four (4) annual payments of $400,000 followed by five (5) annual payrnents of $450,000 Guarantors: Armada Hoffler Properties, Inc., a Maryland corporation Annual Credit: 1) RA Credit = the difference between (a) the actual real estate taxes paid into the TIF from the Core Area and (b) the projected real estate taxes for the Core Area as shown on Exhibit B, so long as the balance of the TIF does not go negaNve; and 2) Revenue received by the Authority for leasing of parking spaces in Block 11, up to $100,000 per year. ? ^^- t.?a?'? .u n? y't f^ y ?SiGS? N ?, +4w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $18,932 in Revenue from the U.S. Department of Housing and Urban Development for the Veterans Affairs Supportive Housing Program MEETING DATE: January 6, 2015 ¦ Background: The Department of Housing and Neighborhood Preservation operates the federal Housing Choice Voucher Program and the Veterans Affairs Supportive Housing Program. This program provides housing vouchers for homeless veterans, using funds provided by the United States Department of Housing and Urban Development. To date, the department has received funding to support vouchers for one hundred and ten (110) formerly homeless veterans. On December 11, the Department was notified that funding in the amount of $32,455 was provided to support four (4) new vouchers for 12 months. This ordinance appropriates $18,932 that would be used during the current fiscal year. ¦ Considerations: This funding can be used to provide vouchers for an additional four veterans, once they are identified and locate housing. There is no local match required. ¦ Public Information: Public information will be coordinated through the regular Council agenda notification process. ¦ Recommendations: Adopt the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood Preservation k - ? CitY Mana9er. c" V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,932 IN REVENUE FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $18,932 is hereby accepted from the United States Department of Housing and Urban Development and appropriated, with federal revenue increased accordingly, to the FY 2014-15 Operating Budget of the Department of Housing and Neighborhood Preservation to assist homeless veterans with housing subsidies in furtherance of the Veterans Administration Supportive Housing Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: + ? "Q, ?h Management Services APPROVED AS TO LEGAL SUFFEC CY: ? Cit ?o n s 0 ice CA13246 R-1 December 22, 2014 r i ? e,?HL? f s y? i:• ??.,,e,'. .-n, . ? j i{ v r ? i CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Appropriate $1,477,422 of Fund Balance of the Tourism Investment Program Special Revenue Fund to Capital Project #9-014 Atlantic Avenue Trolley Purchase MEETING DATE: January 6, 2015 ¦ Background: Capital Project #9-014, Atlantic Avenue Trolley Purchase, provides the City portion of the funding required to purchase of 14 vintage, open air trolleys over a two-year period to replace the existing hybrid busses that are utilized for the Atlantic Avenue Shuttle service (HRT Route 30). This project was requested by the Resort Advisory Commission. Hampton Roads Transit (HRT) will use a state grant to fund 55% of the trolley cost, so the City's required contribution is the local match of 45%. As provided in the FY2014-15 Adopted Capital Improvement Program (CIP), the funding for Project #9-014 is from the Tourism Investment Program Special Revenue Fund (TIP). The rationale for the bus-to-trolley conversion is to increase ridership with a more festive vehicle for visitors at the Oceanfront. HRT has indicated that there will be maintenance savings. The trolleys will have a rated life of 10 years versus 5 years with the current hybrid buses (although each vehicle may exceed these years with proper care). The trolley purchase will provide an additional benefit to provide a resource for use for Virginia Beach special events outside of the summer season, including the planned Arena. FY 2012-13 ridership for the Oceanfront routes was 315,271 for the four month summer season. ¦ Considerations: The City Council, in its FY 2014-15 CIP, appropriated $1,300,000 in FY 2014-15 and programmed $1,300,000 for FY 2015-16. At the time of CIP adoption, May 2014, the cost of the trolleys was not yet known. Based on a meeting held December 22, 2014, between HRT and the vendor, the total project cost is estimated to be $6,172,048, with a State grant funding $3,394,626 (55%) and the City funding $2,777,422 (45%). This reflects an increase of $177,422 above the funds programmed in Project #9-014. This request reflects the increase and a desire to accelerate the $1,300,000 programmed for FY 2015-16 to the current fiscal year. This acceleration will allow HRT to place the order for the trolleys and allow the vehicles to be manufactured and delivered in time for the 2015 Resort Season. As of June 30, 2014, the fund balance in the TIP Fund was $2,960,938. If this item is approved, the projected balance of the TIP Fund would be $1,099,015 for June 30, 2015. ¦ Public Information: This item will be advertised as part of the normal Council Agenda process. The Oceanfront shuttle trolley conversion project was endorsed by the Resort Advisory Commission (RAC) during its July 3, 2014 meeting. In addition, the RAC's Transportation, Parking, Pedestrian Committee has discussed this project at several meetings that are open to the public. ¦ Recommendations: Adopt the attached ordinance. ¦ Attachments: Ordinance; Open-Air Trolley Rendering Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office City Manager: Attachment 1: O kir Trolley Rendering Figure 1: Rendering resembling Oceanfront trolleys. 1 AN ORDINANCE TO APPROPRIATE $1,477,422 OF FUND 2 BALANCE OF THE TOURISM INVESTMENT PROGRAM 3 SPECIAL REVENUE FUND TO CAPITAL PROJECT #9-014 4 ATLANTIC AVENUE TROLLEY PURCHASE 5 6 WHEREAS, the City's FY 2014-15 Adopted Capital Improvement Program (the 7 "CIP") includes Capital Project #9-014, Atlantic Avenue Trolley Purchase, which 8 provides $2,600,000 from the Tourism Investment Program Special Revenue Fund for 9 the City's share of the cost to purchase fourteen open air trolley's for the Atlantic 10 Avenue Shuttle service (Hampton Roads Transit Route 30) to increase ridership; 11 12 WHEREAS, the City Council, in its FY 2014-15 CIP, appropriated $1,300,000 13 and programmed $1,300,000 for FY 2015-16; 14 15 WHEREAS, Hampton Roads Transit ("HRT") received a bid from the vendor 16 totaling $6,172,048, which will increase the City's 45% grant match to $2,777,422; and 17 18 WHEREAS, in order for HRT to place the purchase order with the vendor to 19 manufacture and deliver the trolleys for use in the 2015 Resort Season, all of the 20 funding must be appropriated in FY 2014-15. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That $1,477,422 from the fund balance of the Tourism Investment Program 26 Special Revenue Fund is hereby appropriated, with estimated revenues increased 27 accordingly, to Capital Project # 9-014, Atlantic Avenue Trolley Purchase, to provide the 28 remaining City share of funding to purchase fourteen vintage, open-air trolleys for the 29 Atlantic Avenue Shuttle service. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPO AS TO LEGAL SUFFICIENCY: ? ? ?'?U? l?. -- - Budget and Management Servi es City Atfor neVVs ice CA13248 R-1 December 23, 2014 O. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC/DORIS V. MORGAN and ALFONZO R. MORGAN at 401 Birdneck Circle DISTRICT 6 - BEACH: a. Variance to Section 4.4(b) of the Subdivision Regulations which require subdivided lots meet the requirements of the City Zoning Ordinance (CZO) b. Change of Zonin? from A-12 Apartment to R-7.5 Residential Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment RECOMMENDATION APPROVAL 2. SUL TRANQUILITY LAKES, LLC /WILLIAM DONALD MARTIN, SR. re Modification of Conditions to EXPAND the scope of the project at 5827 Burton Station Road DISTRICT 4 - BAYSIDE. RECOMMENDATION APPROVAL 3. ENOCH BAPTIST CHURCH /GOOD SAMARITAN EPISCOPAL CHURCH at 848 Baker Road DISTRICT 2 - KEMPSVILLE. a. Modification of Conditions to construct a Family Center b. Modification of Conditions of a Conditional Use Permit (approved December 16, 1997 and Modified on August 18, 2001, December 16, 2007 and December 21, 2009) to expand the parking lot at 5641 Herbert Moore Road RECOMMENDATION APPROVAL 4. 4TH GENERATION HOME BUILDERS, LLC/SARAH F. BARKER for a Chaneg of Zoning from R-40 Residential to Conditional PD-H2 Planned Development [A-12 Apartment District] re condominiums at 5001 Shell Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. AH SANDBRIDGE, LLC re Modification of Proffer No. 3 of a Conditional Change of Zoning (approved June 11, 2013) to delete the child care center and massage parlor from the uses prohibited, thus allowing those uses at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE. RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 208 re portable storage containers for Special Events and Section 4-1 re portable storage containers b. Sections 111 and 401 and ADD Section 241 re definition and conditions required for a Recreational Resort Community c. Section 502 re setbacks adjacent to the Atlantic Ocean in the R-SR Zoning District RECOMMENDATION APPROVAL ? N ? o a ? N? n ? ? 0 N ? ? ? ? ? ? ? v/ ? a w „O ?n ? o roQ 0 n? .? ? ?' ? o p -? ? N 0n CL 0 ' D 0 H/r 0 VO ?• ? ca ?• v, ? ? ? m . . ? . ? ? C ? ?I r U ?C ( ??+r = .? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC (Applicant) / DORIS V. MORGAN & ALFONZO R. MORGAN (Owner). Applications: (A) Conditional Chan4e of Zoning (A-12 Apartment to Conditional A-12 Apartment), (B) Chanae of Zoninq (A-12 Apartment to R-7.5 Residential), and (C) Variance to Section 4 4(b) of the Subdivision Requlations, which requires subdivided lots to meet the requirements of the Zoning Ordinance. Property is located at 401 Birdneck Circle (GPIN 2417563734). COUNCIL DISTRICT- BEACH. MEETING DATE: January 6, 2015 ¦ Background: The applicant requests a Change of Zoning for the existing site, which is zoned A-12 Apartment District, to R-7.5 Residential District (7,798 SF of the existing lot) and Conditional A-12 (10,901 SF of the existing lot). The purpose of the rezoning is to subdivide the existing parcel to create a lot for an existing single-family dwelling and three lots for three new townhouse dwellings. The applicant is also requesting approval of a Subdivision Variance, as the width of the new lot for the existing single-family dwelling will not meet the minimum lot width requirement for single-family dwellings in the R-7.5 District. ¦ Considerations: The proposed three townhouse lots will be zoned Conditional A-12 and the single-family lot will be zoned R-7.5. Under the existing A-12 zoning, the site could be developed with five multifamily dwelling units; however, due to the configuration of the site, the resulting building would be narrow, long, and incompatible with the character of the surrounding residential dwellings (see graphic on page two of the attached staff report). Instead of developing the site by-right, however, the applicant and the property owner propose to develop the site such that the existing single-family dwelling remains at the front of the site while the rear of the site is developed with three two-story townhouses. Developing the site in this manner also results in one less unit than possible by- right within the Greater than 75 dB DNL AICUZ. The three proposed townhouses are arranged on lots that possess wide lot frontage and limited depth. This configuration, when combined with the dimensional requirements of the A-12 District for townhouses, results in dwellings that, from the street, appear to be two-story single-family houses that are compatible with the neighborhood. Each townhouse is accessed from Americus ATLANTIC DEVELOPMENT ASSOCIATES Page2of3 Avenue via a driveway. The two exterior lots have 12-foot wide driveways that extend into each side yard to provide two off-street parking spaces for those lots, as well as access to a garage. The interior lot has a 20-foot wide driveway that extends into the front yard, providing two off-street parking spaces, as well as access to a garage. Each dwelling has a 10-foot by 10-foot (10' x 10') concrete patio in the rear yard. 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 requests. ¦ 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 these applications to the City Council, including the following proffers, which are applicable to the portion of the site proposed for the development of three townhouses: PROFFER 1: When the Property is subdivided, it will be developed into three (3) townhomes substantially in accordance with the Exhibit entitled, "REZONING EXHIBIT AND PREUMINARY SUBDIVISION PLAT PART OF LOT 3", dated 06/20/2014, pages C-1.0 ("Conceptual Layout") and C-2.0 (Elevations"), prepared by WPL which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the townhomes will have the setbacks as depicted on the Conceptual Layout, as well as the architectural features and exterior building materials depicted and designated on the Elevations. The townhomes will have the exterior appearance substantially as depicted on the rendering Exhibit entitled "West 19th Street Place" dated 20 June 2014 ("Rendering") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map ATLANTIC DEVELOPMENT ASSOCIATES Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager: k ' cv? ? RE.CH Atlantic Development Associates, L.L.c:. 'tP2,t A12 i ?1 y ? ', ? A36` Atz Z ? ?-->?5 d?_bdii_ Mi .o "'° ? =ru y ' l --..,A?MERI?SAVE R73 Q Ahz ? a ARLYNM lN ' _.. -A12 ? ----_ ?n. _? ?- Ai2? 7S B I n oR , ?- z..w .??c.?w.w..vAn... Propoaea ao, sc, ae - cnanpe w conmp A-7Z ro ?omm"on+? R•,z a« sr?•proposed 3A - Change o/ Zoning A-12 to R•7.5 and Subdivision Vsnanee D4 October 8, 2014 Public Hearing APPLICANT: ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. PROPERTY OWNER: DORIS V. M O RGAN & ALFONZO R. MORGAN STAFF PLANNER: Stephen J. White REQUESTS: (a) Variance to Section 4.4(b) of the Subdivision ReQUlations which requires subdivided lots to meet the requirements of the Zoning Ordinance (lot does not meet lot width) (b) Chanste of Zonina (A-12 Apartment to R-7.5 Residential) (c) Conditional Chanae of Zonina (A-12 Apartment to Conditional A-12 Apartment) ADDRESS / DESCRIPTION: 401 Birdneck Circle GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24175637340000 BEACH 18,699 square feet Greater than 75 d6 (0.429 acre) DNL BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant proposes to rezone the existing site, which is zoned A-12 Apartment District, to R-7.5 Residential District (7,798 SF of the existing lot) and Conditional A-12 (10,901 SF of the existing lot) for the purpose of subdividing the site to create a lot for an existing single-family dwelling and three lots for three townhouse dwellings. The three townhouse lots will be zoned Conditional A-12 and the single-family lot will be zoned R-7.5. As currently zoned, the site could be developed with five multifamily dwelling units; however, due to the configuration of the site, the resulting building would be narrow, long, and incompatible with the character of the surrounding residential dwellings (see graphic below). Moreover, ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item D4 Page 1 Instead of developing the site by-right, however, the applicant and the property owner propose to develop the site such that the existing single-family dwelling is retained at the front of the site and the rear of the site is developed with three two-story townhouses. Developing the site in this manner also results in the development of the site with one less unit than possible by-right within the Greater than 75 d6 DNL AICUZ. Details I Site The three townhouses are arranged on lots that possess wide lot frontage and limited depth. This configuration, when combined with the dimensional requirements of the A-12 District for townhouses, results in dwellings that, from the street, appear to be two-story single-family houses that are compatible with the neighborhood. That compatibility, however, relies on reduced front and rear yard setbacks. A comparison of the minimum dimensional requirements for attached townhouse dwellings to those being proposed are presented in the table below. The items that are marked with an asterisk and shaded with a light orange color are deficient with regard to meeting the requirement. REQUIRED LOT 36 Outside East LOT 3C Interior LOT 3D Outside West Minimum Lot Area in SF 1,400 4,357 2,288 4,256 Minimum Avera e Lot Area in SF 2,500 Avera e of the three lots is 3,634 Minimum Interior Lot Width in Feet 14 N/A 48.92 N/A Minimum Exterior Lot Width in Feet 30 97.33 N/A 86.84 Minimum front ard setback in Feet 30 10.00' 15.80' 10.00' Minimum side ard setback in Feet 10 39.80 N/A 38.48 Minimum rear ard setback in Feet 20 10.58' 6.58' 10.58' Maximum lot covera e in percent: 40 27.9 40.0 28.5 The applicant is requesting that the setback deficiencies noted above be allowed per the provisions of Section 107(i) of the Zoning Ordinance: In addition, the City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably ATLANTIC DEVELOPMENT AS nda Item D4 Page 2 ; , ..L the development of the site as possible with the existing zoning would require the demolition of a well-`n maintained single-family dwelling built in 1940, in a style indicative of homes of the early part of the 2p century. deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. Each townhouse is accessed from Americus Avenue via a driveway. The two exterior lots have 12-foot wide driveways that extend into each side yard to provide two off-street parking spaces for those lots, as well as access to a garage. The interior lot has a 20-foot wide driveway that extends into the front yard, providing two off-street parking spaces, as well as access to a garage. Each dwelling has a 10-foot by 10- foot (10' x 10') concrete patio in the rear yard. As a result of the subdivision of the existing lot to create the townhouse lots, the lot where the single- family dwelling is located will have insufficient lot width. The new zoning of the lot, R-7.5 Residential, requires a minimum lot width of 75 feet. The lot, however, has a lot width of 47.5 feet. The lot cannot be created without the granting of a variance to Section 4.4(b) of the Subdivision Regulations, which requires that all created lots meet the requirements of the Zoning Ordinance. Details / Buildinq The three townhouses are two-story with a gable roof, maximizing the allowable height of 35 feet. The front farade of each townhouse is designed such that it appears to be two dwellings. This is accomplished by a change in the plane of the wall forward or backward as well as a change in exterior materials that occurs at the point where the plane of the wall changes. The exterior materials consist of vinyl lap siding, vinyl shake siding, and architectural grade shingles. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Vacant Lot / A-12 Apartment District USE AND ZONING: . Duplex / A-12 Apartment District South: . Americus Avenue • Multifamily Dwellings / A-12 Apartment District East: • Birdneck Circle • Vacant Lot / A-12 Apartment District West: • Multifamily Dwellings / A-12 Apartment District NATURAL RESOURCE AND The rear of the parcel (portion adjacent to Americus Avenue) is CULTURAL FEATURES: largely grassed with no trees or shrubs. The portion of the site adjacent to Birdneck Circle, where the existing dwelling is located, has the greatest amount of vegetation, consisting of grass, trees, and shrubs traditionally associated with single-family homes. There are no known significant resources of historical or cultural importance on the property. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and ATLANTIC DEVELOPMENT ASSO??ATES, 'Agenda Itepi; D4 Page 3 protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3- 2). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The subject site is located on Americus Avenue, which is a two-lane local street with a 50-foot right-of- way width. Americus Avenue is not referenced in the City's Master Transportation Plan, and there are no current Capital Improvement Program projects scheduled for this roadway. TRAFFIC• Street Name Present Volume Present Capacity Generated Traffic (Traffic count 6,200 ADT (Level of Service "C") Existing Land Use - data is not 9,900 ADT (Level of Service "D" / 10 ADT available for this Capacity) Existing Zoning 3- 54 Americus Avenue roadway) 11,100 ADT (Level of Service "E") ADT Proposed Land Use 4 - 40 ADT Average Daily Trips 2 as defined by single-family dwelling 3 as defined by multi-family dwellings at 12 units per acre "as defined b four sin le-famil dwellin s Comment: The proposed improvements associated with this application will require right-of-way improvements along the frontage of the townhouses along Americus Avenue to match the improvements to the west of this site. These improvements will include at a minimum: roadway widening, curb and gutter, and sidewalk. WATER: This site is currently connected to City water. The existing 5/8-inch meters (City ID #95040217) may be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to City sanitary sewer. Analysis of Pump Station #113 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION The requests for a Change of Zoning from A-12 Apartment District to R-7.5 Residential District (7,798 SF of the existing lot) and Conditional A-12 Apartment District (10,901 SF of the existing lot) as well as Variance to Section 4.4(b) of the Subdivision Regulations is recommended for approval. The prqpQSal to i, ATLANTIC DEVELOPMENT ASSOGIATES, Agehda Itei D4 Paje 4 develop the site with three townhouses while also retaining the mid-20t" century single-family house is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. Instead of developing the site by-right with five multi-family dwellings, the applicant and the property owner propose to develop the site such that the existing single-family dwelling is retained at the front of the site and the rear of the site is developed with three two-story townhouses. Developing the site in this manner also results in the development of the site with one less unit than possible by-right within the Greater than 75 dB DNL AICUZ. The Subdivision Variance request for the reduced lot width is reasonable and is of such nature that it is not a request that will be replicated in the surrounding area. The need for the variance is directly related to the development of the three townhouses and retention of the existing house, as without the subdivision, this development alternative is not possible. The applicant is also requesting a deviation from the front and rear yard setbacks as shown on the proffered site plan. This is allowed, per the provisions of Section 107(i) of the Zoning Ordinance, which states the following: In addition, the City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. Based on Staff's evaluation of the proposed development, Staff finds that the rear and side yard setback deficiencies identified above are reasonable, based on sufficient cause for the deficiency, will have no detrimental effects on the adjacent apartments, and are not in conflict with the design guidelines of the Comprehensive Plan. Accordingly, Staff supports the deficiencies as depicted on the proffered plans. Approval is recommended for all three requests. The proffers associated with the Change of Zoning from A-12 to Conditional A-12 are listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is subdivided, it will be developed into three (3) townhomes substantially in accordance with the Exhibit entitled, "REZONING EXHIBIT AND PREUMINARY SUBDIVISION PLAT PART OF LOT 3", dated 06/20/2014, pages C-1.0 ("Conceptual Layout") and C-2.0 (Elevations"), prepared by WPL which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item D4 Page 5 PROFFER 2: When the Property is developed, the townhomes will have the setbacks as depicted on the Conceptual Layout, as well as the architectural features and exterior building materials depicted and designated on the Elevations. The townhomes will have the exterior appearance substantially as depicted on the rendering Exhibit entitled "West 19th Street Place" dated 20 June 2014 ("Rendering") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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. STAFF COMMENTS: The proffers ensure that the property will be subdivided as proposed and that the site layout and townhouses will be as depicted, resulting in attractive and affordable dwelling units where needed, while at the same time, preserving an existing dwelling indicative of this area of the city during the middle of the last century. The City Attorney's Office has reviewed the proffer agreement dated June 30, 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 Certiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Departmenf for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ATLANTIC DEVELOPMENT ASSO????T?-S, A?ehda Iterft; D4 ? Pade 6 d ? w o .z mi ? • T = a v ?. •y? ,? ? K. , T ?' ? y ? ;¦ J6 AERtAL OF SITE LOCATION ATLANTIC DEVELOPMENT ASS 0 Agenda .Ci. D4 ? e7 tu ?k W ?m 'K$ ? L W [ Ir z'? ?- - 0 PROPOSED SITE PLAN ? r11A,1 ATLANTIC DEVELOPMENT rayC o ? y ^ i ? .n n uo Cu?a 'rrN 37?NI? ?/?3NQH18 E Y ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. Agenda Item D4 Page 9 , I m 2ti Op ?v l? e ?Q ?W ?O ? ? 00 Q J ? i W Z OW ? ?O i W ! Wx ?C ? W ? ? A ? E 0 ?o i ? k WQ W o? ?o ? PROPOSED BUILDING ELEVATIONS i i ? ? ? ? E ? ? ? ?x m I ?O ? I WQ W O? ?n p E ? ?? ? RENDERINGS OF PROPOSED BUILDINGS I ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C. a Agenda Item D4 • Paae 10 I I ? I w c s t 7 9 t h s t r e e t P 1 a c c z n j u n. 1 0 1 a w e s t 1 9 t h s t r e e t p 1 a c e LVIVIIYV nio I vr% i # DATE REQUEST ACTION 1 09/28/1999 Chan e of Zonin (RT-3 Resort Tourist to Conditional A-36 A artment A roved 2 01/23/2001 Conditional Use Permit (Group Home A roved ATLANTIC DEVELOPMENT AS 1A- -1A lenda Item D4 'i. Page 11 ? ?? APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ifnecessary) Atiantic Development Associates, L.L.C.: Brian C. Large, Manager 2. List ail businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F]Check here if the applican# is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section only if property owner is different from applrcant. 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) Daisy E. Morgan 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if n r ecessary) b 44 F ? Check here if the property owner is NOT a cor orati 0 p on, partnership, firm, business, or other unincorporated organization. C & See next page for footnotes ? ? uoes an official or em loyee of the City of Virginia Beach have an interest in the r subject land? Yes No DX rm If yes, what is the name of the official or empioyee and the nature of their interest? ~ 09 DISCLOSURE STATEMENT ATLANTIC DEVELOPMENT ASSOCIATE-S, L:LC.Age:nda Item" D4 , Page 12 ? ? r ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wiN 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. WPL ? I" ? ? '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 perceni of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. / 1 W1 ppp ? ? ? ? ? ? i? ? 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business ent'rty 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 reiationship 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 accute I understand that, upon receipt of notification (postcard) that the appiication has b ra . een 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 ot the Department of Planning to photograp=a- nd view the si_ t?fo'r purposes of processing and evaluating this application. Property J? Brian C. Large, Manager re Print Name Daisy E. Morgan i nature (if different than plicant) Print Name DISCLOSURE STATEMENT ATLANTIC DEVELOPMENT ASSOGl.14TES, L'.L.C: Agenda Item D4 Pag6 13 Item #D4 Atlantic Development Associates, L.L.C. Variance to Section 4.4.(b) of the Subdivision Regulations Change of Zoning Conditional Change of Zoning 401 Birdneck Circle District 6 Beach December 10, 2014 CONSENT An application of Atlantic Development Associates, L.L.C for (a) Variance to Section 4.4(b) of the Subdivision Regulations which requires subdivided lots to meet the requirements of the Zoning Ordinance (lot does not meet lot width); (b) Change of Zoning(A-12 Apartment to R-7.5 Residential); (c) Conditional Change of Zoning (A-12 Apartment to Conditional A-12 Apartment) on property located at 401 Birdneck Circle, District 6, Beach. GPIN: 24175637340000. PROFFERS PROFFER 1: When the Property is subdivided, it will be developed into three (3) townhomes substantially in accordance with the Exhibit entitled, "REZONING EXHIBIT AND PREUMINARY SUBDIVISION PLAT PART OF LOT 3", dated 20 June 2014, pages C-1.0 ("Conceptual Layout") and C-2.0 (Elevations"), prepared by WPL which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the townhomes will have the setbacks as depicted on the Conceptual Layout, as well as the architectural features and exterior building materials depicted and designated on the Elevations. The townhomes will have the exterior appearance substantially as depicted on the rendering Exhibit entitled "West 19th Street Place" dated 20 June 2014 ("Rendering") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D4. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE Item #D3 Enoch Baptist Church Page 2 HORSLEY AYE I N MAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI ABSENT RUS50 AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item D4 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9136 TO: Mark D. Stiles FROM: B. Kay Wilso DATE: December 18, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Atlantic Development Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 6, 2015. I have reviewed the subject proffer agreement, dated June 30, 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/ Enclosure cc: Kathleen Hassen ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company DAISY E. MORGAN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of June, 2014, by and between ATLANTIC DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; DAISY E. MORGAN, 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 l0,90i square foot portion of property located in the Beach District of the City of Virginia Beach, which property is more particularly described as Parcel 1 in Exhibit "A" attached hereto and incorporated herein by this reference. Said property is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, 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 A-12 Apartment District to Conditional A-12 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land PRErARED BY: n ai 9? 7sf'?T1?ti?J?. 3I ilg'?7t??-,T? Y.T. VnqDryl?. S1U IR3?ttilY QX TY, RC. for various purposes through zoning and other land development legislation; and GPIN: 2417-56-3734 (Part ofl Prepared By: R. Edward Bourdon, Jr., Esquire VSB #2u6o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantors acknowledge 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 Grantors have 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 A-12 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 Grantors, for themselves, their 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 ?ro 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 Properly, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: ' i. When the Property is subdivided, it will be developed into three (3) townhomes substantially in accordance with the Exhibit entided, "REZONING EXHIBIT AND PRELIMINARY SUBDIVISION PLAT PART OF LOT 3", dated o6/20/2014, pages C- i.o ("Conceptual Layout") and C-2.0 (Elevations"), prepared by WPL which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach PREPARED BY: Q.: S'i'I:E5.1?OURDOA'. gil Al9ERN & LLVY, P.C. Department of Planning. 2. When the Property is developed, the townhomes will have the setbacks as depicted on the Conceptual Layout, as well as the architectural features and exterior building materials depicted and designated on the Elevations. The townhomes will have the exterior appearance substantially as depicted on the rendering Exhibit entitled "West i9th Street 2 PREPARED BY: i1b. : SYLILS. RI0URDON, ffil AURN & ZLv1', P.C. Place" dated 20 June 2014 ("Rendering") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. 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 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. The Grantors covenant and agree that: (i) 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 (3) 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 name of the Grantors and the Grantee. PREPARED BY: Q : SYXIS. BOL1I2DON, gil AIILRN & LEVY. P.C. 4 WITNESS the following signature and seal: Grantor: Atlantic Development Associates, L.L.C., a Virginia limited liability company ?. g . (SEAL) anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this lst day of July, 2014, by Brian C. Large, Manager of Atlantic Development Associates, L.L.C., a Virginia limited liability company, Grantor. CYNTHIA PACIULLI LANE ` Notary Pub;ic ti J" I ? V, ? COmmonweafth af Virginia Reg. #7tFst?.077 Notary Public MyCommissionExps Dec.3t,2016 My Commission Expires: °???"lzt ?1, "Q1 4 ?eC .3? ?oZQ? (p Notary Registration Number: "19'262's- f6gj0'7] PREPARED BY: 49[8 SYXES, 4DO9JRDON, ?'.?il All LRN & LEVY. P.C. 5 WITNESS the following signature and seal: Grantor: PA?J ! (SEAL) ? , Dais E. Morgan STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this o2?day of July, 2014, by Daisy E. Morgan, Grantor. Notary Public My Commission Expires: ???j -';v?b Notary Registration Number: T. DECK319ia PublCornmorna'?'?!1??a? ? PREPARED BY: Q.,{i? Sp?? LE5, ?OpU'?D'?1?, ?L7 ; 'ill l???T1i & 9.W. P.C. 6 EXHIBIT "A" LEGAL DESCRIPTION PARCEL i: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 3 (being 681/ioooths of an acre), as shown on that certain plat entitled, "Plat of America and Enoch Morgan's Farm" near Virginia Beach, Virginia, dated October 30, 1912, made by Joshua G. Moore, County Surveyor of Princess Anne and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at Page 52. GPIN: Part of 2417-56-3734 H:\AM\Conditional Rezoning\Atlantic Development Associates\Americus\Proffer_clean 7-24-14.doc PREPARED BY: 4910 SYM. BOURDOIV, gil Al ?ERN & b.FVY, 3T. 7 H G O ? a c 0 v ?. 0 a ? ? c? a ? ,n ? ? ? ? .? ? ? a d ? ?o ?n c a? oa ? ? ? C ? O u 3 c C N , s xu ?? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: SUL TRANQUILITY LAKES, LLC (Applicant) / WILLIAM DONALD MARTIN, SR. (Owner). Application: Modification of Conditions of a Conditional Use Permit approved on 1/26/10 and modified on 3/13/2013. Property is located at 5827 Burton Station Road (GPIN 1458884739, 1458884988). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: January 6, 2015 ¦ Background: The subject site is 1.64 acres, is zoned R-5D Residential Duplex District, and is located within the Northampton/Burton Station Strategic Growth Area (Burton Station SGA). On January 26, 2010, the City Council approved a Conditional Use Permit (Housing for Seniors and Disabled Persons) allowing for development of the subject site with a 3-story, 40-unit senior housing facility. In 2012, the City Council approved a modification to that Use Permit for the purpose of allowing "disabled persons with family members under the age of 62" to live in the facility. The project, however, has not yet been constructed. It is now the intent of the applicant to expand the scope of the project by incorporating into the development site a 6,500 square foot, City-owned parcel adjacent to Burton Station Road. The addition of this parcel to the overall development site will allow the architectural design of the building currently allowed by the 2010 Use Permit to be modified such that it will be more consistent with the recommendations of the Burton Station SGA Plan. ¦ Considerations: The applicant proposes the development of a 34,000 square foot, three-story building at the corner of Burton Station Road and Tolliver Road, which is a new roadway recommended by the Burton Station SGA Plan. The proposed building is placed on the site with the front fagade adjacent to the roadways, which will contribute to the creation of the urban character that the Burton Station SGA Plan envisions for this area. The minimum number of parking spaces required by the Zoning Ordinance, 40, are provided east of and behind the building. An evergreen hedge along the southeastern property line will be planted to provide a screen for the residentially zoned properties adjacent to this site. 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. SUL TRANQUILITY LAKES Page 2 of 3 There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: All conditions attached to the Conditional Use Permit granted by the City Council on March 13, 2012, are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site layout plan entitled "Site Plan for SUL Tranquility Lakes, LLC," prepared by SIA, Inc., dated September 22, 2014, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at the Lakes, Burton Station Road Elevation," prepared by chp Design Studio, November 20, 2014, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. Every effort shall be taken to retain mature trees located within the open space area and along Burton Station Road. 5. A minimum four (4)-foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three (3) feet. 6. Foundation landscaping shall be required. A minimum of fifty (50) percent of any side of a building facing Burton Station Road shall be planted. A minimum of thirty-three (33) percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. Planted areas shall be a minimum of three (3) feet in width. One (1) tree or one (1) shrub shall be required for every fifteen (15) square feet of total required landscape area. 7. At least one (1) member of the family living in each unit shall be disabled or age sixty-two (62) or older. 8. If the proposed roadway along the northwestern side of the property has not been constructed by the time of the issuance of the first building permit for the project, the applicant shall seek an Encroachment Agreement with SUL TRANQUILITY LAKES Page 3 of 3 the City of Virginia Beach allowing the applicant to construct a driveway adjacent to the western property line from Burton Station Road to the drive aisle located on the northern side of the building. 9. A brick dumpster enclosure, minimum height six (6) feet, shall be constructed to screen the trash receptacle. The brick used to construct the enclosure shall match that of the senior housing structure. Additional planting shall be installed on the east and north sides of the proposed dumpster enclosure to ensure proper screening from view from the adjacent properties and from the right-of-way. Details of the enclosure and plantings shall be depicted on the final site plan. 10.Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. ¦ 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 Departmen City Manager: s ? ? tx? City of ??T'irgi.nia B ?ac1z vBgavxom WNICIPAICENTER BUILDWG 1- LowER tEV0. 2401 CatxtFHW6E Oan/E VIRGINIA BEACH, VA 234*9083 vecoV.CO?UOEPrAioUsu+a INTER-OFFICE MEMORANDUM DATE: November 21, 2014 TO: James K. Spore, City Manager VIA: Douglas L. Smith, Deputy C FROM: Andrew M. Friedman, Di SUBJECT: Request for Signature for ModificbMon of?Conditions Application Re: Tranquility Lakes, Burtan Station COPY: GaiC E. Salmons - Public Works, Rea! Estate Division Attached are #wo pages containing the Property Owner's information for the city owned parcel in Burton Sfation that has been recommended to be sold to the applicant, SUL Tranquility Lakes, LLC. This project has been over seven years in the making and with the addition vf this parcel it will make an excellent gateway project as the first residential parcel to be built in Burton Station. The comments from Carolyn Smith, the current planner for this project are attached as an update for your review. These two documents are required for the overall application submitted by SUL Tranquility Lakes, LLC. We have added a statement at the request of the Real Estate Division of the Department of Public Works that makes the certification conditional based upon the approval of City Council at the appropriate time on the sale of this parcel to SUL Tranquility Lakes, LLC. Your signature is requested as the certification of the owner that we are in agreement with this application. If you have any questions pertaining to this request, do not hesitate to contact me at X5752 or Bill Dore at X5736 or Carolyn Smith of the Planning Department at X4488. Bill can be reached at bdore ,-vbaov.com when the dacument is signed and ready for pick-up. HOUSING 8 NEIGH90RHOOD PRESENTATION 757•385-6750 FAX (757) 3855766 TDD (757) 385-5794 STRATEGY, POLICY AND RESOURCE DEVELOPMENT DNISIQN (757)385-5736 FAX(757) 385-1874 1Y51 DE I R5p R5D SuL iranqwnry LaKes, L.LA_ - RSD r.?h R6D 82 ? . 7r /r' Agodffic.Mm a,CondWon, K December 10, 2014 Public Hearing APPLICANT: SUL TRANQUILITY LAKES, LLC PROPERTY OWNER: WILLIAM DONALD MARTIN, SR. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for Housing for Seniors and the Disabled approved by the City Council in January 2010 and then modified in March of 2012. ADDRESS / DESCRIPTION: 5827 Burton Station Road GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 14588847390000 BAYSIDE 1.64 acres Less than 65 d6 DNL 14588849880000 BACKGROUND / DETAILS OF PROPOSAL Backqround This site is located within the Northampton/Burton Station Strategic Growth Area (Burton Station SGA). The Conditional Use Permit permitting Housing for Seniors and Disabled Persons was originally approved by the City Council on January 26, 2010. That Use Permit was for a three-story, 40-unit senior housing facility. In 2012, a modification was approved by the City Council to allow disabled persons with family members under the age of 62 to live in the facility. The building has not yet been constructed. The 2012 Conditional Use Permit has seven conditions. The full list of the conditions is provided at the end of this report. It is now the intent of the applicant to expand the scope of the project by incorporating into the development site a 6,500 square foot, City-owned parcel adjacent to Burton Station Road, which will allow the architectural design of the approved building to be modified. SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 1 Details According to the applicant, the additional property will help accommodate on-site stormwater management, which was not addressed on previous concept plans, as well as possibly capture and treat off-site stormwater from the existing and planned roadway improvements in the area. The main feature shown on the submitted site plan is a 34,000 square foot, three-story structure located at the corner of Burton Station Road and a future roadway named Tolliver Road. The proposed Tolliver Road is a component of the Burton Station SGA Plan, and a consultant to the City of Virginia Beach is currently designing the roadway as part of a larger infrastructure project for Burton Station Road. Improvements included in this project consist of, but are not limited to, installation of curb and gutter, street lights, and City water. The building is placed on the site with the front faCade adjacent to the roadways, which will assist in creating the urban feeling that the Burton Station SGA Plan calls for in this area. The minimum number of parking spaces required by the Zoning Ordinance, 40, are provided east of and behind the building. An evergreen hedge along the southeastern property line is planned to provide a screen to the residentially zoned properties adjacent to this site. The applicant is proposing to modify the originally approved design of the building elevation. The new elevation depicts a three-story building with red brick veneer and exterior insulation and finish system (EIFS) design features. Architectural elements include balconies and storefront style windows and a contemporary awning at the entrance. The storefront style windows adjacent to the future corner of the intersection of Tolliver and Burton Station Roads give that portion of the building the look of a retail shop, which is consistent with the `Village' that the SGA Plan envisions. As allowed per Section 221(i) of the City Zoning Ordinance, the applicant is requesting the following deviations from Zoning Ordinance requirements for the R-5D Residential District with regard to dimensional modifications that are consistent with the recommendations of the Burton Station SGA Plan. A reduced front and side corner yard setback: The R-5D dimensional regulations require a 30- foot front yard and a 30-foot side corner yard setback; however, the Burton Station SGA Plan recommends a zero setback for the senior housing facility along public right-of-ways. Due to existing utility easements limiting the building placement any closer to the property line, the applicant has designed the site with a 20-foot front and side corner setbacks, more in line with reduced setbacks of depicted within the Burton Station SGA Plan. • A reduced rear yard setback: The trash dumpster is situated within the required 15-foot side yard setback. The proposed dumpster location is adjacent to the eastern property line. Staff is recommending additional screening as well as a limitation on the hours of tipping to reduce impacts to neighboring properties. • An increase in total building height: The maximum allowable height is 35 feet. The three-story, 40-unit senior housing facility is proposed with a height of up to 45 feet. Again, this adjustment is in line with the vision for the Burton Station SGA. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped, vacant lot SURROUNDING LAND North: . Burton Station Road USE AND ZONING: . Vacant undeveloped land / R-5D Residential qistrict;.0-2 SUL TRANQUILITX;LAKES;`ILLC. ` a4genda Item 2 Page 2 Office District South: . Lake Wright Golf Course / R-5D Residential District East: . Single-family homes / R-5D Residential District West: . Single-family homes and undeveloped vacant land / R-5D Residential District NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed. The CULTURAL FEATURES: majority of the site is a vegetated field. There are also mature trees located throughout the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the subject site as the Burton Station Village, located within the Northampton/Burton Station Strategic Growth Area (SGA) #1. The boundary for the Northampton/Burton Station SGA is generally the area adjacent to the eastern side of Norfolk International Airport north to Shore Drive, the Diamond Springs Road area, the area south of Bayside Road, and along the Northampton Blvd corridor. The area is predominantly industrial, but also has significant tracts devoted to residential and commercial uses. The conceptual plan for the Burton Station Village depicts single-family dwellings, a corner shop, a community center, a memorial park, and a senior housing center. The Housing and Neighborhoods component of the Comprehensive Plan provides the following goals applicable to this request (pages 8-7 to 8-9): • Address future housing demand through provision of an adequate supply of safe, decent, attractive and diverse housing, with a range of values, including owner-occupied and rental units, for the purpose of accommodating the present and future needs of all Virginia Beach residents; and • Implementing ways to assist those requiring special housing. Policies associated with these goals are: • Areas planned for housing should be attractive and affordable to a range of income groups, ages, cultures and household types; and • Allow and encourage the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing facilities. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: Burton Station Road in the vicinity of this application is considered a two-lane undivided collector/local street and is not included on the MTP. Burton Station Road is included in the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan. In addition, there is a CIP project slated for this area. Burton Station Infrastructure Phase I consists of utility and roadway improvements. SUL TRANQUILITYI-AKES,???:LC Agenda Item 2 Page 3 TROFFIC• Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - Burton Station 188 ADT' 4 6,200 ADT (LOS z"C") " " 10 ADT 4 Road , E ) 11,100 ADT (LOS Proposed Land Use -139 ADT Average Daily Trips 2 Level of Service ' as defined by single family dwelling "as defined b 40-unit senior housin facilit WATER: This project must connect to City water. There is an existing eight-inch City water main along Burton Station Road. SEWER: This project must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main along Burton Station Road. EVALUATION AND RECOMMENDATION According to the applicant, the additional property will help accommodate on-site stormwater management, which was not addressed on previous concept plans, as well as possibly capture and treat off-site stormwater from the existing and planned roadway improvements. Relocating the building to the corner, which is too small of a site alone to develop in a meaningful way, is more in-line with the urban design concepts envisioned for this area within the Burton Station SGA Plan. The requested modification is consistent with the Comprehensive Plan's recommendations for this area and is consistent with the Burton Station SGA Plan. The Burton Station SGA Plan encourages senior housing within the Burton Station community. During the planning and design charrettes for the Burton Station Plan, residents voiced a desire to have senior housing within the residential community. As this request does not involve an increase in the number of units, there are no expected impacts to City services, beyond those discussed in 2010 and 2012, as a result of the proposed modification. In sum, staff concludes the request is acceptable. Affordable housing for seniors and disabled individuals is always in demand. The applicant has designed a project that provides a service that is greatly needed in the city. Staff, therefore, recommends approval of this requested modification of the Conditional Use Permit as conditioned below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 13, 2012, are deleted and are replaced with the conditions listed below. SUL TRANQUILITYnLAKES;`LLC Agenda Item 2 Page 4 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site layout plan entitled "Site Plan for SUL Tranquility Lakes, LLC," prepared by SIA, Inc., dated September 22, 2014, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at the Lakes, Burton Station Road Elevation," prepared by chp Design Studio, November 20, 2014, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. Every effort shall be taken to retain mature trees located within the open space area and along Burton Station Road. 5. A minimum four (4)-foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three (3) feet. 6. Foundation landscaping shall be required. A minimum of fifty (50) percent of any side of a building facing Burton Station Road shall be planted. A minimum of thirty-three (33) percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. Planted areas shall be a minimum of three (3) feet in width. One (1) tree or one (1) shrub shall be required for every fifteen (15) square feet of total required landscape area. 7. At least one (1) member of the family living in each unit shall be disabled or age sixty-two (62) or older. 8. If the proposed roadway along the northwestern side of the property has not been constructed by the time of the issuance of the first building permit for the project, the applicant shall seek an Encroachment Agreement with the City of Virginia Beach allowing the applicant to construct a driveway adjacent to the western property line from Burton Station Road to the drive aisle located on the northern side of the building. 9. A brick dumpster enclosure, minimum height six (6) feet, shall be constructed to screen the trash receptacle. The brick used to construct the enclosure shall match that of the senior housing structure. Additional planting shall be installed on the east and north sides of the proposed dumpster enclosure to ensure proper screening from view from the adjacent properties and from the right-of-way. Details of the enclosure and plantings shall be depicted on the final site plan. 10. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Department of P/anning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within fhe Police Deparfinent for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepfs and strategies as they pertain to this site. 7 SUL TRANQUILITY;-LAKESA.LC: Agenda Item 2 Page 5 Conditions of March 2012 Conditional Use Permit The following conditions are recommended for approval with this request. All conditions with the exception of Number 6 attached to the Conditional Use Permit granted by the City Council on January 26, 2010 remain in effect. Condition 6 of the January 26, 2010 Conditional Use Permit is modified as indicated below. 1. The site shall be developed substantially in accordance with the submitted site plan entitled, "Tranquility at The Lakes, Seniors Unlimited Lifestyles, Inc.; Phase One", prepared by Pentecost Deal & Associates. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at The Lakes, Senior's Unlimited Lifestyles, Inc.", Prepared by Pentecost Deal & Associates. 3. Every effort shall be taken to retain mature trees located within the proposed open space/ parking lot street frontage area along Burton Station Road. 4. A minimum four (4)-foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three (3) feet. Foundation landscaping shall be required. A minimum of fifty (50) percent of any side of a building facing Burton Station Road shall be planted. A minimum of thirty-three (33) percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. Planted areas shall be a minimum of three (3) feet in width. One (1) tree or one (1) shrub shall be required for every fifteen (15) square feet of total required landscape area. 6. At least one (1) member of the family living in each unit shall be disabled or age sixty-two (62) or older. 7. If the proposed roadway along the northwestern side of the property is not constructed by the end of 2011, the applicant shall seek an Encroachment Agreement with the City of Virginia Beach to provide a driveway from Burton Station Road to the drive aisle located on the northern side of the building. CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE,Pf Y ?1` 1 i. } j ?..?? ;. , ... g S SUL TRANQUILITY?:AKES;:A.LC ?, .'. Agenda Itw 2 m Poe 6 I? \MZ ? /. % h h. ?c . ?? w? } -?C -• „/.. 0 ??.:F'-" . .. i..i , ?• ? , ?-, ? 3 s st ? ? .x;? ?` FY ? _. : %' 41 ? . MI h ? ?,-- ?? it. t ? 4 I ?• V AERIAL OF SITE LOCATION , j. SUL TRANQUILITY LAKES, LLC Agenda Item 2 Pa9e 7 , 0 St 1 ?^ ? ti ?? PROPOSED SITE LAYOUT SULTRANQU Y LAKES, LLC ? Agenda Item 2 ? Page 8 ? ?a ? ?. ? ?. . . m OW SZ I? s` ?- 0 ?-- ; ? V Q . ... . 3? C? O 4 'a W o I N w ..,? -- i ? r 1 ? ?.. , (/' .. ? I?I \ m m m . PREVIOUSLY APPROVED SITE LAYOUT H IIiI SUL TRANQUILI CES, LLC ` da Item 2 ?Page 9 ! ?I arca w-_s ?_ar ?o • V4 ?- Z O ¢ > W J W R 0 PROPOSED BUILDING ELEVATION SUL TRANQUIL , ?ES, LLC da Item 2 Page 10 LUNIIVU 1'il' I UKY # DATE REQUEST ACTION 1 09/16/04 CUP motor vehicle rentals Granted 2 03/13/12 01/26/10 MOD of CUP (housing for seniors & disabled) CUP housin for seniors & disabled Granted Granted 3 06/13/06 REZ R-5D to Conditional I-1 Granted 4 01/25/05 REZ (0-2 to Conditional B-2) CUP hotel Granted Granted 5 05/24/05 REZ Conditional I-1 to Conditional B-2 Granted 6 02/13/01 REZ (B-2, 0-2 & I-1 to Conditional I-2) CUP hotel Granted Granted 7 01/26/99 CUP Automobile service station Granted 8 09/10/96 CUP truck wash, motel, bulk stora e Granted L SUL TRANQUILITY LAKES, LLC Agenda Item 2 i Page 11 ? 1 J 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) None. 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Altach list if necessary) Community Housing Partners Corporation Seniors Unlimited Lifestyles, Inc. F]Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Senior's Unlimited Lifestyles Inc. (see attached) Community Housing Partners (see attached) 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Altach list if necessary) RX Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes 14 It ? ? ? ? ? ? i ? i 1 ? 1 ? Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No I-I If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 12 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) Community Housing Partners Corporation - Architect, General Contractor, Developer, Property Manager, Asset Manager Legal - Williams Mullen Accounting - Dixon, Hughes, Goodman Civil Engineering - Site Improvement Associates, Inc. '"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 befinreen 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 notiflcation (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. A A Lee Alford Applicant's Signature Print Name 11A C-? /- - rroperty Signature (if ditferent : an appficant) William Donald Martin, Sr. Prinf Name I ? 1 ? 1 ` i 1 ? ? ? ? ! / ? ? ? ? ? M ? F ? ? Modificaiion of Conditions Appricabon Paqe 9 of 9 ` ? DISCLOSURE STATEMENT SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 13 SUL Tranquility Lakes, LLC • Source of financing for saleJlease or purchase of property: VHDA (bank) and Virginia Community Development Corporation (equity investor) • Lienholder / Collateral on the property: VHDA and Virginia Community Development Corporation • Source of financing for project: Low income Housing Tax Credit equity, State HOME funds, Virginia Beach HOME Funds, VHDA permanent loan • Have there been any discussions with a financial institution with regarding to loans to be secured to finance any aspect of this project, please provide the name of those institutions: VHDA DISCLOSURE STATEMENT Tranquility at the Lakes Non-Profit Questionnaire o. List all daectors of the non-profit, iheir occvpations, their lengih ot service on the board, and thek residenfial addrezses: 2024 Community Housing Partners Corporation Officers ofthe Corporation lanaka Casper, President leflrey Reed, Sacrtary & Trcasurer Orlando Artze, Vla Vresident 448 Depot Strcet NE, Chrtsdsnsburg, VA 24073 448 Depot Street NE, Christlansburg, VA 24073 4915 Radford Avenue, Suite 300 540.3822001 ext.3311 540.382.1002 ext. 3301 Richmond, VA 23220 E-mall: LuMsV„0pc2_org E-miil: Imed@chpc2.org 804.343.7201ext2011 E-mali: wr >•A%chod.ort Board of Directors' Membership Karen Turner, Chsir Andy Morikawa, Vica-Chair Malcolm Batec, Membar Senior Vice Prcsident, StellerOne Felbw, Vir`(nk Tech InscituM for Policy and Coll'Krs Internatlonel Govemana 111 Fnnklin Rd., Suite 530, Roanoke, VA 24011 6606 West Broad St, Suke 400 School of Pubik and Intematbrel Atfalrs 540.394.6977-0ircct Iine; 510.381.6785 hx; Rkhmond, VA 23230 1505 Westovet Dr., Bls[ksburg, VA 29060 540.553.5218 ceA 804.241.1914 Cell; 801.782.1115 faa 540.230.1492 cell E-maiL ktumerpstellafone.rom Ematl: mxbstes@eolRerssom E-mafl: endvmorilwwe@Rmall.com 6960 CampbeM Drive 5402 Tudcahoe Avenue, RlchmorM, VA 23226 Board Member since 911/11 Salem VA 20153 lioard Member Slnce 9/17/04 Pu6Ac Sector Board Member Slnce 12/19/07 Private Sector 50/80 AMI; Privah SeROr Rence Gllahan, Member GaMner GmpbrJl, Member lohn Gatland, Mem6ef 100 Floyd Avenue, 41025. Audemk Partner, Wsiter, Robbs, Callahan & Pierce Leamin` Commons, Rkfimond, VA 23284 Engineer, Retired Presldent Spectrum Design PMne: 804827-0838 530 North Tnde Street, Suke 301 8205 Yoknda Roed, Menrico VA 23229 540S37.4581 winston-Sakm, NC 27101 WBWmnbeN(Pvcuedu Bwrd Member Since 1/1/14 EmaiL- johnsubrev[arlsM@amaiLcom 336.725.1371; 336.725.1465 fax 1050 Hawthorne Hall Road publk Sector Emall: rcncec?wrcgcom Rncnrtle, VA 24090 Board Member Slnce 111/14 1228 Giade SL Winston-Saiem, NC 27101-2120 80-120 AMI; Private Sector Bwrd Member5ince 1/1/14 50-80 AMi; PriwTe Sectar DISCLOSURE STATEMENT SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 15 Seiilors Unlimitcd I,ifesqdes Officer6 Mgclr Whiichcad Poundcr and CEO Ju{OIO I(IYOACtI S1910f1 UIIIIIIIIICA WGiI\'IeS IqC ($(iLI) 10 YQOy. .A.Y SUIX+CFA, IICf RV(lO1L[C f101I (YIIIImIWIkV-SKSCd iC{111L5 (1I80 tlild deliveradministrative, trensponotion, inforowtion technaloU nnd fecilitla nnmganent senices. AnSde hdpsdevdap pogarcu that meinmin the einmzup+s Gxus un i1a mmnritm.nt N mroval?. aiul prindpl" of!rnice. 36r atsu -se?.s- Jm dopment strntesies, public relatinns anf coipmwte ismimimiations dCom. nugela hna en actauiae bectground Ga senv'?g sevion fur Wc pest 20 .eoR, She Iw Ueen a membcr dthe Senior Citieen £ellomhip of the Chmch of God, Y?inin (or five>tan and 6u dlfgeudp worired u u hotefng tnnsidoml coordinaiorussisting and securing housing fiu seniors. 4naele is alw e nrmibcro(OuUmc6 Niniatry, &rlbp C'ommuoip•:Vafdk, 4itgiuie, Bdhwn• CLwrL ofCad Orgxuixutiooul Committce and Hampmn Roods Fimcin; ConsoKiuw. Stic b s)so o mcmbcc d BFACFi (BiiuC au Eod W NI qq• Homckswess) plauning comnuttoa IlN AC}i plnnning Canmittec i goa] u to ?1 lameksmeet In Ne cip af l u?ginPa Beu?. Angch hes mocaslutk• tomplNed treiniaa in Quadd CousuNiog • HUD SuEsidizing Muhifamfly Housiu`, AlrLeinur a Aasocietion - I'vmndatiom o[ Demeutie 6rc Bedueinb Risks of Rells R Yranwtind ltesll'nint-Fme Caee aal SuutFukk Gerops2hiaRic 5?icee - a7ental HmkA R Agivg. Board MDircetonc Fdm Mumll Pmident Rev. tiim h7md-Mnnell uvs bocn and rciseel iu Nhc Ixuecna Counp', of Sonlh CaroGua. Shealtended 16e Co'pontc Cnlieac otNm l'ork irhert s6e wmplotal6usltdia in communiatiuas nnd xvrked fura tckyhnne mmpany until she rrsimd in the foll of 1994. 5dna nlong i%ith her 6us6nud arc pextering the Chunih oA'G«I In ik»1Anc, Virginio. She ia alw the Vite President of Nx Women ot t6e Chun:h of Gal in thc afatc of %,5ginia. GeraW Porter Ywe vrea'dent GenM Poner is the.ice presidma o(the Ixwnl tur Scoiors Uulimital li(aqdes loc. His prim ?vor1c rxpnimmfndiuks menagipg a nmtel mr compoey, xorking as an auto edjiuter for a major inaumna uompana• aud ate menager Por anovyting Bellamy AvemK C6urch of Cod. Currenth' IK works for o mmputer compnny as 6wvrnment contrac[ drner. CeraW is Caaud on Lelping Senkr Udimited Li&shks Inc provide hoiuiug for lo%, inenme seniorx. so that ther xilt hme a bettaqudih oflik in Neir I¢teryesr.c CeeW livra in the Hiuoric South Norfolk community of Chesnpmke, V'ugfnia and is a gredmte of Indiane TeCh uith a&S degree iu Business. Jamea l?eecy SeoeMry James k au I,xlepmdent .lssocrate with Pre-Pold legul5micee, lnc, wbcrt he "ides kgal urvices to Individwls, knillia and bnainesses at midmxl eoat. He beaan hia arcer in Ne miNten• as a ryhate tn the U. S MmW ahue he xu som peomotad to S?xefa1Se15, Opentlaoa NCO. Afts the rtui .lames Mortxd with the SenM.cs Administrntloo, fo Wasliin6tm, DC. xtiae he obhiotd the pOSitfon d'Director of Qvil Wgbb. In c6nrgc d' omr 75 EEO Couaaclurs. EHO Aesisunta aad EEO 3pecirGst, Jamis rapwnda W cougcssionnl inqnirip and dlrcM rpedal empbasu programs such u Black Hictoq, Hi.tpeak Month end oUmts. Miehaei Miller 7Ymuorer Mkheel srn•ed in tAe US Nary for io yaue. Mer Ieaving The Nnyr, be Icceiveci his llfe aud Hrelth Iasuwce liceou. He is limnud in uniea 6, z, ffi and F3. V M?el qeeialb.cc io imestments, nwrtgages and imratmeots and nvrently serias mer 30o dienlt Evelyn Cooper Mem6er F.Adyn Cooper lus been o Ckrk Talnxtibef xiM Sotial 9en•ices (or a ntun6tt dyters. She tlijoys workiog us a fuudraiser xith der cAuech end oNa aganimtlaos. 36e Ms experieuce iwrking i.it6 senbn uiA enjoqa pridr iu taldog are otthem. Nfs. Cooper is u eumnt raident of Yrginia &aa, NFirginio end hat served in lhe Oohwch Miniauy io the lkrkder communiC' of SoutL Nafolk, N irginin. Rc6ccm McCYdcn Canmlfnnf Rebeae MeCadm & a senior %itt president at McCadai and Assotietes, u cawhina firm thot pmides pm6mm dc?etopmeat, qrunt wriNn& polin• and pmcedm devetopment senices ta mrpaaNuns aud uon•pm8t organinttona. Sbe ooncuhs ttgulady xit6 asartiw from a .viety dfields to help anre solutioos m aganiraNoa prwnmimpecting pcobkms. Pria to 6er wrrent pnsitloo, ahe sc.vl as Opcratlwwl Snnicrs Ditvxltor for (ABCD) A0ion For doston Commuuiry Devebpmeut Mc la'gese Hummm mr?im mgnpimlion in No.• F.ngknd, rn-ed and opented Mc(Wen's Home Fm Adults for xo }reers, and xned as Senipr pounsebr for the \"uginta Ikperlnxut of Conection for She yean. Rebroes mrned her Mdegee hom Seint Augustine's Co?rge Haleig6 NCani U1HS finm Irsky Unhersitr 6ambridge Mnu. Re6ecm ia a xeteren arnp• officer Nat ohtained m actne duty rank of Afejor. Rebem Ihes i.it6 her h.o ahildren in Prince Geoqe Counp• Yrginia. DISCLOSURE STATEMENT SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 16 Junc Tw)man Ydicy and Procerhtm Junt T%3nun currendysenn:u an Amelieory/VisW Volunterr %.ith Ihr Ilo+mco,?r QmmAa l:nited, Inc in Pctersbur6, Virginia. Jnne euternl inlo Ilx urinisty iu t993 and atlenAed the AME 7bn Schoni of Ibeobgy'snd St. Im Uni-iry. She 6Wdt mtificatans in Cbnnpm6eo,hc Hunatng Ituwgn-t iexual M' Hw Natirnwl A.wciatum uf F4u+lug and R?sk+tdur-mt Mininlx.url Imership'.Rainer uf'Cminer.n'..luor. uct-d in ?gri.MU opuitiix &:e--a.upaoi:?lkvuc. SAc hns alsn mcencd numc.mns awxnl., nne wablc for rivpcrt?Manager of the }?mr hom Yrainln Communiry? Dndopnxnl Curporation 2007. Raim1 in ?n.? Ywk CSry? and aradiuted hom Hi?i ScAnal in PeicisMv'. vrginia, J,mc bm in?r?l.ed Aertelf uith p-icm hu mmmunip• chanac and impmsxn»nt. GhriatuPher SterliiK Rqjrsf /lw40(mMN officer C6ris ycm'(des teehaiul acclstnocr.lo pmjcr.t epunaws: adtisrs Ihm dufil; lbeir tax unlit xpplicatiun {n-: and renJu's wiguiog giiidance and snppurt lo project sp- and rclrttd entitiea durin6 Project drvelnpnxnt. 1(edron Springv AftorrMy Fdna HendHeks Hislurimn S Rrtxartke•r Coatullants Teresita GardinerDrew Afarketin9 CbresulmM SAomarl S. DreM 1TCtmau1Mnf and Websifr /hadnpnertf DISCLOSURE STATEMENT SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 17 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) See Attached. '"Parent-subsidiary relationship" means "a relationship that exists when one corporat+on 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 befinreen 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. ApplicanYs Signature L Print Name James K. Spore Pr pe Owner's Signature (if diffe n than appticant) Print Name ] r ? 1 1 ? ? ? ! / ? M ? M ? / ? ? ? ? F ? ? ? ? ? ? F ro ? ? ? ` DISCLOSURE STATEMENT SUL TRANQUILITY LAKES, LLC Agenda Item 2 Page 18 Item #2 SUL Tranquility Lakes, L.L.C. Modification of Conditions 5827 Burton Station Road District 4 Bayside December 10, 2014 CONSENT An application of SUL Tranquility Lakes, L.L.C. for a Modification of a Conditional Use Permit for Housing for Seniors and the Disabled approved by the City Council in January 2010 and then modified in March of 2012 on property located 5827 Burton Station Road, District 4, Bayside. GPIN: 14588847390000; 14588849880000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 13, 2012, are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site layout plan entitled "Site Plan for SUL Tranquility Lakes, LLC," prepared by SIA, Inc., dated September 22, 2014, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted elevation entitled "Tranquility at the Lakes, Burton Station Road Elevation," prepared by chp Design Studio, November 20, 2014, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. Every effort shall be taken to retain mature trees located within the open space area and along Burton Station Road. A minimum four (4)-foot tall evergreen hedge, branching to the ground, shall be installed along the southeastern property line. The width of the planting area shall be a minimum of three (3) feet. 6. Foundation landscaping shall be required. A minimum of fifty (50) percent of any side of a building facing Burton Station Road shall be planted. A minimum of thirty-three (33) percent of any side of a building facing the proposed road located northwest of site shall be planted. Plantings shall be placed adjacent to building sides or provided in planters near building sides. Planted areas shall be a minimum of three (3) feet in width. One (1) tree or one (1) shrub shall be required for every fifteen (15) square feet of total required landscape area. 7. At least one (1) member of the family living in each unit shall be disabled or age sixty-two (62) or older. Item #2 SUL Tranquility Lakes, L.L.C. Page 2 8. If the proposed roadway along the northwestern side of the property has not been constructed by the time of the issuance of the first building permit for the project, the applicant shall seek an Encroachment Agreement with the City of Virginia Beach allowing the applicant to construct a driveway adjacent to the western property line from Burton Station Road to the drive aisle located on the northern side of the buiiding. 9. A brick dumpster enclosure, minimum height six (6) feet, shall be constructed to screen the trash receptacle. The brick used to construct the enclosure shall match that of the senior housing structure. Additional planting shall be installed on the east and north sides of the proposed dumpster enclosure to ensure proper screening from view from the adjacent properties and from the right-of-way. Details of the enclosure and plantings shall be depicted on the final site plan. 10. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 2. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 2 by consent. Mark Ricketts appeared before the Commission on behalf of the applicant. 0 a n 0 ? ? a ? ? ?o ? a ? ? ? ? ? ? ? 0 ? a O Q ?h n ? O ? O ? n 4 z cx ? O z N ? ? n 'o' y ? ? tp a ? ? O1 C! 10 ? a ? 0 P% ... 0 ri ? 0 -? n 0 z Q ? 0 ? ? ?..-. CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: ENOCH BAPTIST CHURCH (Applicant / Owner) / GOOD SAMARITAN EPISCOPAL CHURCH (Owner). Applications: (A) Modification of Conditions of a Conditional Use Permit approved 8/2/2004 for property located at 848 Baker Road (GPIN 1468146032) and (B) Modification of Conditions of a Conditional Use Permit approved 8/26/1997 for property located at 5641 Herbert Moore Road. COUNCIL DISTRICT - KEMPSVILLE. MEETING DATE: January 6, 2015 ¦ Background: The subject site consists of two parcels located at 848 Baker Road (owned by Good Samaritan Episcopal Church) and 5641 Herbert Moore Road (owned by Enoch Baptist Church). Enoch Baptist Church and Good Samaritan Episcopal Church are proposing the construction of a Family Life Center that the churches will share. The proposed improvements also include more parking to accommodate the proposed Family Life Center as well as overflow parking from the existing worship services. The proposed Family Life Center is not permitted by either church's existing Conditional Use Permit. To construct the Family Life Center, as well as provide additional parking on the site as proposed, each church must modify the conditions of its Use Permit. Accordingly, Enoch Baptist Church requests modification of the conditions of its Use Permit, approved on 8/26/1997, and Good Samaritan Episcopal Church requests modification of the conditions of its Use Permit, approved on 8/2/2004. ¦ Considerations: The proposed Family Life Center building will consist of 15,000 square feet of floor area that will include a gymnasium and individual class/meeting rooms. Exterior building materials will include fluted block, split face block, and metal roofing, as shown on the submitted conceptual building elevations. The two churches currently work together and share their resources (including staff, parking, meeting space, and land) to provide a variety of religiously related and non-religiously related community services to the public. The family, adult, youth, and community services jointly provided by the churches are available to church members as well as the public. These services include, but are not limited to, open gym time, computer literacy classes, voter registration, child daycare, an after-school program, child and adult mentoring programs, a violence prevention program, a community garden, community events, and a yard beautification program. The churches also allow area civic leagues to use their facilities for ENOCH BAPTIST CHURCH & GOOD SAMARITAN CHURCH Page 2 of 4 meetings. Some of these services will continue to take place in the existing church buildings; however, the majority of the larger uses will take place in the proposed Family Life Center. The primary use of the Family Life Center will be for the child daycare and open gym programs. Currently, the churches schedule supervised open gyms at Bayside Middle School. Upon completion of the Family Life Center, open gyms will take place on the site on certain weeknights and after school. Accordingly, the Family Life Center will be primarily used on weekdays between the hours of 6:30 a.m. and 9:00 p.m. 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 requests. ¦ 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 these requests to the City Council with the following conditions: To be applied to the existing conditions attached to Enoch Baptist Church (5641 Herbert Moore Road): 1. All conditions previously approved by City Council for the properties located at 5641 Herbert Moore Road and 848 Baker Road shall no longer apply. 2. This Modification of Conditions shall apply to the 2.703 acre parcel located at 5641 Herbert Moore Road and the .878 parcel called out at as "NEW LOT FOR FAMILY LIFE CENTER" on the submitted concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014 and prepared by Gallup Surveyors and Engineers, LTD. Said properties may be referred to as "the site" in the following conditions. 3. Improvements made to the site shall substantially conform to the concept plan titled, "C.U.P EXHIBIT, ENOCH BAPTIST CHURCH," dated August 1, 2014, and the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH," dated August 23, 2014, both as prepared by Gallup Surveyors and Engineers, LTD 4. The proposed Family Life Center shall substantially conform to the undated conceptual elevations submitted with this application identified by the titles of, "VIEW FROM BAKER ROAD," "VIEW FROM ENOCH BAPTIST," VIEW FROM HERBERT MOORE ROAD," and "BACK OF BUILDING." Additionally, all points of ingress/egress of the Family Life Center shall have a standing seem metal entrance cover, similar to and less pronounced than those shown on the elevation titled, "VIEW FROM BAKER ROAD". With the exception of the roof, no metal paneling or siding ENOCH BAPTIST CHURCH & GOOD SAMARITAN CHURCH Page3of4 shall be used as an exterior material. 5. As allowed per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the R-10 Residential District with regard to setbacks, as shown on the conditioned site plans referenced in Condition 3. 6. The minimum ten (10)-foot parking lot perimeter landscaping requirement called out in Section 5A.5 of the City Site Plan Ordinance shall be met for all proposed parking lot improvements located within 70 feet of the public right-of-way of Herbert Moore Road or Baker Road. 7. The proposed Family Life Center shall have foundation landscaping for 100% of the width of the northern elevation referred to as "VIEW FROM HERBERT MOORE ROAD" with the exception of points of ingress and egress. Foundation or surrounding landscaping shall be installed around the Family Life Center for substantial portions of each of the remaining faCades. Said landscaping should diminish the perceived height of the Family Life Center and be spaced in concert with the architectural features of each facade. 8. With the exception of any requirements of these conditions or as determined through site plan review, landscaping and tree preservation shall substantially conform to the preliminary landscape plan titled, "LANDSCAPE PLAN, ENOCH BAPTIST CHURCH, FOR PARKING LOT ADDITION," dated November 10, 2014 as prepared by Gallup Surveyors and Engineers LTD. As shown on said plan, no improved parking surface shall be closer than ten (10) feet to the adjacent properties. All trees shown with a dashed drip line are to be preserved. The portion of the western lot line not included in the preliminary landscape plan shall retain the existing 15-foot buffer. 9. The two (2) trees called out as "21" HICKORY," and "18" OAK," shall be preserved. 10. Should signage be placed on the proposed Family Life Center, it shall be limited to the ground story only. All signage shall be approved by the City Zoning Administrator. 11. The Family Life Center shall be used only befinreen the hours of 6:00 am and 10:00 pm. To avoid any parking conflicts, the Family Life Center shall not be used during times of worship at Enoch Baptist Church or Good Samaritan Episcopal Church. 12. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the ENOCH BAPTIST CHURCH & GOOD SAMARITAN CHURCH Page4of4 court shall not occur after dusk. 13. No public parking is allowed on Herbert Moore Road unless it is improved to meet applicable Public Works standards for on-street parking. To be applied to the existing conditions of Good Samaritan Church (848 Baker Road): 1. All conditions previously approved by City Council for the parcel identified as 848 Baker Road shall no longer apply. 2. The 3.3726 acre property identified as 848 Baker Road shall be subdivided into two lots substantially as shown on the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014 and prepared by Gallup Surveyors and Engineers, LTD. The following conditions shall apply to the resulting 2.495 acre parcel. The .878 acre parcel identified as "NEW LOT FOR FAMILY LIFE CENTER is included under the conditions prepared for 5641 Herbert Moore Road. 3. The minimum ten-foot parking lot perimeter landscaping requirement shall be met for all proposed parking lot improvements located within 70 feet of the public right-of-way of Herbert Moore Road or Baker Road. 4. All proposed parking lot improvements are required to be made prior to the issuance of a Certificate of Occupancy for the Family Life Center. 5. A parking agreement shall be prepared and submitted prior to Site Plan approval. Said parking agreement shall arrange for a minimum of 75 parking spaces located on the remaining 2.495 acre site at 848 Baker Road to be available for individuals using the Family Life Center, Monday through Friday. ¦ 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 Departme City Manager: ?, , 6? eupswuE +L ??-s Eaoch Ba tist Church . , ?? . t \?t ? A'tT l??rMti2y t?, ? , P, ?? i???,ti?l ? _ t?? }}t Skl1? , i 1 , ? ? _ 01/ ! • ; / ?%? , R15 R10 ? " . ' ? a?+??t r• ?=- $?J ;. . ? ?y?`?" ; ? r ?.? ?s ? ? : y . o„ L - x? ? _ " n•°' ??. ..,«..C?K...... w- S,-•?.? ~dic.bon of corwrnon, EMPSVILLE Enoch Ba tist Church ,rL ar2 l y ;. Rt0 R15 ? \?V .°,`i •?? ? ? ? =z = j , _ •? t"r `= ' \ NA .,ry wn ce.sa.n.n..., q. s+w na,wb. ModNlufion o/ ConditlOn D3&14 December 10, 2014 Public Hearing D3 APPLICANT . ENOCH BAPTIST CHURCH PROPERTY OWNERS: ENOCH BAPTIST CHURCH & GOOD SAMARITAN EPISCOPAL CHURCH 14 APPLICANT : ENOCH BAPTIST CHURCH PROPERTY OWNER: GOOD SAMARITAN EPISCOPAL CHURCH STAFF PLANNER: Kristine Gay REQUESTS: 14. Modification of a Conditional Use Permit D3. Modification of a Conditional Use Permit Approved by the City Council on 08/02/2004 Approved by the City Council on 08/26/1997 Applicant: Enoch Baptist Church Applicant: Enoch Baptist Church Property Owner: Good Samaritan Church Property Owner: Enoch Baptist Church & Address: 848 Baker Road Good Samaritan Episcopal Church GPIN: 14681460320000 Address: 5641 Herbert Moore Drive Site Size: 3.3726 acres to decrease to 2.495 acres GPIN: 14682411340000 with this application Site Size: 2.703 acres to increase to 3.581 acres with this application ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ: KEMPSVILLE 6.0756 acres Less than 65 dB DNL ENOCH BAPTIST CHURCH / GOOD SAMARfTAN EPISCOPAL CHURCH Agenda Items D3 & 14 Page 1 BACKGROUND / DETAILS OF PROPOSAL Backaround This is a joint staff report for two separate Modification of Conditions applications for two separate churches. Enoch Baptist Church and Good Samaritan Episcopal Church are proposing the construction of a Family Life Center that the churches will share. The proposed improvements include more parking to accommodate the proposed Family Life Center as well as worship services. To accomplish this, both churches will need to have their respective City Council approved conditions modified. This staff report reviews and evaluates the requests as one; however, at the end of the report, a separate set of conditions for each application is provided. Site: The subject site consists of two parcels located at 848 Baker Road (Owned by Good Samaritan Episcopal Church) and 5641 Herbert Moore Road (Owned by Enoch Baptist Church). These two properties are separated by an irregularly shaped parcel owned by the Volunteers of America. A 150-foot wide VEPCO Easement extends northwest to southeast over the shared lot line of the properties owned by the Volunteers of America and Enoch Baptist Church; 75-feet of this easement is located on each the lots. The property owned by Good Samaritan Episcopal Church is located at the corner of Baker Road and Herbert Moore Road and is 3.37 acres in size. The property has been improved to include the one-story church and 33 paved parking spaces and has one point of vehicular ingress/egress which is located on Herbert Moore Road. There are small canopy trees between Herbert Moore Road and the existing parking lot, and a variety of mature hickory, elm, and maple trees to the east of the church. To the south of the church are mature pear trees and a 30,000 square foot garden area. The property owned by Enoch Baptist Church is located 80 feet to the east of the property owned by the Good Samaritan Episcopal Church and is 2.7 acres in size. This property has been improved to include a two-story church, 135 parking spaces, a storm water retention pond, outdoor basketball court, and playground. Mature deciduous trees follow along the eastern and southern lot lines, bordering the playground, and providing screening to the adjacent residents. A six-foot tall wooden fence extends along the western lot line. Located between the two subject properties is The Baker House. The Baker House is a supportive housing program for 12 adults with intellectual disabilities. Residents here participate in life skills training and human growth and development classes to work towards becoming productive members of their community. Details: Enoch Baptist Church is proposing to build a one-story 15,000 square foot Family Life Center building to provide space to accommodate the family and community services that both Enoch Baptist Church and Good Samaritan Episcopal Church provide for the public. The Family Life Center will contain a gymnasium and individual class/meeting rooms. Exterior materials will include fluted block, split face block, and metal roofing, as shown on the submitted and conditioned conceptual elevations. The building will be located to the east of the existing Good Samaritan Episcopal Church on a 0.878-acre piece of property that will be sold to Enoch Baptist Church. This piece of property is identified as "NEW LOT FOR FAMILY LIFE CENTER" on the submitted concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH." While the new lot will have 165.72 feet of frontage on Herbert Moore Road'; it wiN, , ENOCH BAPTIST CHURCH / GOOU,SAAAAR`??AN <EPISCQPAL CHU; CH Agenda ltems D3::14 P?oe 2 be accessed by an existing vehicular ingress/egress point and the interior vehicle circulation system of Good Samaritan Episcopal Church. The trustees of both churches have prepared a legal contract for sale and purchase of the property. Among other elements, the contract includes a non-exclusive deed of easement for ingress and egress to the 0.878 acre new lot. Enoch Baptist Church and Good Samaritan Church work together to divide the workload and organize complementary schedules and resources to provide as many services as possible to the community. The family, adult, youth, and community services jointly provided by the churches are available to church members as well as the public. These services include but are not limited to open gym, computer literacy classes, voter registration, day care, the H.Y.P.E after-school program, S.T.A.R mentoring programing for children and adults, violence prevention, a community garden, bi-annual community events, and a yard beautification program. The churches also allow civic leagues to use their facilities to host meetings. In addition to holding their separate times of worship, both churches work together and share their resources (including staff, parking, meeting space, and land) to provide a variety of religiously related and non-religiously related community services to the public. Some of these services will continue to take place in the existing church buildings; the majority of the larger uses will take place in the Family Life Center. The primary use of the proposed Family Life Center will be for the child care and open gym programs. Currently, the churches work together to supervise their scheduled open gyms at Bayside Middle School. Child Care is available to the public, Monday through Friday between the hours of 6:30 am and 6:00 pm. Between 10 and 35 children are enrolled in this child care service. Currently, the churches schedule supervised open gyms at Bayside Middle School. Upon completion of the Family Life Center, open gyms will take place on site on certain weeknights/after school. Accordingly, the Family Life Center will be used primarily on weekdays between the hours of 6:30 am and 9:00 pm. During weekdays, the churches are lightly used by staff inembers; exceptions to this are a noon prayer time and small group meetings such as choir, grief counseling, or bible study in the evening. Times of worship take place on Sundays at 9:00 am, 9:30 am, and 11:00 am. During times of worship, the Family Life Center is not used. Parkin Both churches currently exceed the minimum parking requirement defined by the City Zoning Ordinance of one parking space for every five seats. The applicant is proposing additional parking to accommodate the growing number of church members as well as to support the proposed Family Life Center. The site has a total of 168 existing parking spaces. After the proposed improvements have been made, there will be a total of 259 parking spaces. Of the 259 parking spaces, 15 spaces will be located on the .878 acre new lot, and a total of 92 parking spaces will be located between the proposed Family Life Center and public right-of-way (15 spaces located on the new lot and 77 spaces located at 848 Baker Road). Given that the Family Life Center will be used only outside of times of worship, Staff feels comfortable assuming that approximately 86 parking spaces will consistently be available to the Family Life Center. Being that the Family Life Center is 15,000 square feet in area, this equates to a parking ratio of one parking space for every 175 square feet of the Family Life Center. Staff finds that the total amount of proposed parking will be sufficient for the proposed uses. Landscapinq and Architecture: As part of the original Conditional Use Permit approved by City Council on November 9, 1997, for Enoch Baptist Church at 5641 Herbert Moore Road, a fifteen-foot wide buffer was to be preserved on the western border of the property. Category IV landscaping was to be installed within this area and modified as necessary to comply with any height limitations imposed by Virginia Power. In this request, the applicant has proposed to modify this condition by proposing a landscape buffer that ranges from 10 feet to 19 feet in width. This proposed modification is requested only for the area immediately adjacent to the proposed "32-CAR PARKING LOT ADDITTION". The applicant has submitted a preliminary landscape plan for the "PROPOSED 32-CAR PARKING LOT ADDITTION" located southeast of Enoch Baptist Church. Staff finds that this preliminary landscaping plan will still provide a sufficient amount of sereerling _ . ?:=---- ENOCH BAPTIST CHURCH / GOOD;SAMAR??1AN. EPISCOPAL CHU#?CH Agenda:-atems D3A 14 Page.3 as intended by the original 15-foot buffer. A detailed landscape plan is required to be submitted as part of the standard site plan review. The applicant has not included a preliminary landscape plan for the majority of the site. Staff has included general conditions relating to parking lot perimeter landscaping, foundation landscaping, previously conditioned landscape buffers, and tree preservation. The intent of the condition pertaining to the landscaping surrounding the Family Life Center is to create a visual tempo through the relationship of the recommended landscaping and the proposed architectural features such as windows, changes in material, entrances, as well as broad spans of uninterrupted material. A schematic of this has been included near the end of this report. Section 5A.5 calls for a landscaping strip a minimum of ten feet in width to be located between the abutting edge of the sidewalk and parking lot curb line, where any parking lot abuts the right-of-way of any street more than twenty feet in width. While Herbert Moore Road has approximately 13-17 feet of pavement width fronting this site, Staff is recommending that all improved parking areas meet this requirement. Additionally, Staff is recommending that similar landscaping be required along the southern edge of the "PROPOSED 34-CAR PARKING LOT ADDITTION" and "PROPOSED 11-CAR PARKING LOT ADDITTION". LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Two religious structures, outdoor basketball court, gymnasium SURROUNDING LAND North: . Herbert Moore Road USE AND ZONING: Townhouses / A-12 Apartment District South: . Townhouses / A-12 Apartment District East: . Townhouses / A-12 Apartment District West: . Baker Road Virginia Wesleyan College / R-15 Residential District Interior . Supportive Housing / R-10 Residential NATURAL RESOURCES AND The site is within the Chesapeake Bay watershed. There do not CULTURAL FEATURES: appear to be any significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within Suburban Area, Suburban Focus Area 2- Lake Edward. Lake Edward's community leaders have focused their goals around improving public safety, revitalizing homes and increasing recreational and educational opportunities. Lake Edward has accomplished much of its success through its dedication and commitment to achieving these goals. The recommendations for Lake Edward are to provide property owners and community leaders with information, support, and resources needed to improve their neighborhood by focusing on the areas of public safety, code enforcement, and housing maintenance and improvement; educational and recreational opportunities; transportation mobility; improve the water quality of Lake Edwards; and compatible surrounding land uses (pages 3-10 and 3-11). r 1+ ENOCH BAPTIST CHURCH / GOOD?AM??R" AN EPISCOPAL CHU: -CH Agenda Items D3 t {;14 ?,??. , 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Herbert Moore Road in the vicinity of this application is considered a two-lane undivided local street. It is not included on the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this street. TRAFFIC ENGINEERING: Herbert Moore Road currently has approximately 13 to 17 feet of pavement width fronting this site. The original use permit condition to widen the pavement on Herbert Moore Road to 22 feet in August 2001 was waived, and the church was built with a 15-foot pavement width requirement. Since then, additional development has taken place along this corridor and it has been necessary to require and install a City standard pavement section. City standards require at least 30 feet of pavement width on a local street, which provides enough room for on-street parking and two-way traffic. TRAFFIC VOLUME AND TRIP GENERATION: Street Name Present Volume Generated Traffic Herbert Moore Road No existing traffic counts are Existing Land Use - 305 ADT Available for this roadway. Proposed Land Use 3- 1,494 ADT ADT - Average Daily Trips Z as defined by a church of 500 seats 3 as defined b a church of 500 seats and a famil life center of 15,000 s uare feet WATER: The site is already connected to City water. The existing one-inch water meter (City ID #95067570) can be used or upgraded to accommodate the proposed development. There is an existing 12-inch city water main and 30-inch raw water main along Baker Road. There is an existing four-inch city water main along Graduate Court. There is no City water along Herbert Moore Road fronting this site. SEWER: The site is already connected to city sewer along Graduate Court via Pump Station #336. An engineering hydraulic analysis of Pump Station #336 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing eight-inch City sanitary sewer gravity main along Graduate Court. There is no City sewer along Herbert Moore Road fronting this site. EVALUATION AND RECOMMENDATION Each of the original Conditional Use Permits has been modified in the past, and each of the modifications references continued adherence to the conditions of the original Use Permit and the subsequent Modifications. Given that this method has been proven to convoluted, tedious, and confusing to future. . , ENOCH BAPTIST CHURCH / G000,0AI??4R` N A EPISCQ,PAL CHU;. CH Agend2? Items D3i?i 14 P?ge 5 Staff, the deletion of all previous conditions will be recommended, replaced by two updated master sets of conditions for Planning Commission and City Council to consider. Staff finds the proposal acceptable and consistent with the Comprehensive Plan; therefore, Staff recommends approval of both requests subject to the respective conditions below. CONDITIONS To be applied to the existing conditions attached to Enoch Baptist Church (5641 Herbert Moore Road): 1. All conditions previously approved by City Council for the properties located at 5641 Herbert Moore Road and 848 Baker Road shall no longer apply. 2. This Modification of Conditions shall apply to the 2.703 acre parcel located at 5641 Herbert Moore Road and the.878 parcel called out at as "NEW LOT FOR FAMILY LIFE CENTER" on the submitted concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014 and prepared by Gallup Surveyors and Engineers, LTD. Said properties may be referred to as "the site" in the following conditions. 3. Improvements made to the site shall substantially conform to the concept plan titled, C.U.P EXHIBIT, ENOCH BAPTIST CHURCH," dated August 1, 2014, and the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH," dated August 23, 2014, both as prepared by Gallup Surveyors and Engineers, LTD 4. The proposed Family Life Center shall substantially conform to the undated conceptual elevations submitted with this application identified by the titles of, "VIEW FROM BAKER ROAD," "VIEW FROM ENOCH BAPTIST," VIEW FROM HERBERT MOORE ROAD," and "BACK OF BUILDING." Additionally, all points of ingress/egress of the Family Life Center shall have a standing seem metal entrance cover, similar to and less pronounced than those shown on the elevation titled, "VIEW FROM BAKER ROAD". With the exception of the roof, no metal paneling or siding shall be used as an exterior material. 5. As allowed per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the R-10 Residential District with regard to setbacks, as shown on the conditioned site plans referenced in Condition 3. 6. The minimum ten (10)-foot parking lot perimeter landscaping requirement called out in Section 5A.5 of the City Site Plan Ordinance shall be met for all proposed parking lot improvements located within 70 feet of the public right-of-way of Herbert Moore Road or Baker Road. 7. The proposed Family Life Center shall have foundation landscaping for 100% of the width of the northern elevation referred to as "VIEW FROM HERBERT MOORE ROAD" with the exception of points of ingress and egress. Foundation or surrounding landscaping shall be installed around the Family Life Center for substantial portions of each of the remaining faCades. Said landscaping should diminish the perceived height of the Family Life Center and be spaced in concert with the architectural features of each facade. 8. With the exception of any requirements of these conditions or as determined through site plan ENOCH BAPTIST CHURCH / GOOD SAMARITAN EPISCOPAL CHURCH Agenda Items D3 & 14 Page 6 review, landscaping and tree preservation shall substantially conform to the preliminary landscape plan titled, "LANDSCAPE PLAN, ENOCH BAPTIST CHURCH, FOR PARKING LOT ADDITION," dated November 10, 2014 as prepared by Gallup Surveyors and Engineers LTD. As shown on said plan, no improved parking surface shall be closer than ten (10) feet to the adjacent properties. All trees shown with a dashed drip line are to be preserved. The portion of the western lot line not included in the preliminary landscape plan shall retain the existing 15-foot buffer. 9. The two (2) trees called out as "21" HICKORY," and "18" OAK," shall be preserved. 10. Should signage be placed on the proposed Family Life Center, it shall be limited to the ground story only. All signage shall be approved by the City Zoning Administrator. 11. The Family Life Center shall be used only between the hours of 6:00 am and 10:00 pm. To avoid any parking conflicts, the Family Life Center shall not be used during times of worship at Enoch Baptist Church or Good Samaritan Episcopal Church. 12. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the court shall not occur after dusk. 13. No public parking is allowed on Herbert Moore Road unless it is improved to meet applicable Public Works standards for on-street parking. To be applied to the existing conditions of Good Samaritan Church (848 Baker Road): 1. All conditions previously approved by City Council for the parcel identified as 848 Baker Road shall no longer apply. 2. The 3.3726 acre property identified as 848 Baker Road shall be subdivided into two lots substantially as shown on the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014 and prepared by Gallup Surveyors and Engineers, LTD. The following conditions shall apply to the resulting 2.495 acre parcel. The .878 acre parcel identified as "NEW LOT FOR FAMILY LIFE CENTER is included under the conditions prepared for 5641 Herbert Moore Road. 3. The minimum ten-foot parking lot perimeter landscaping requirement shall be met for all proposed parking lot improvements located within 70 feet of the public right-of-way of Herbert Moore Road or Baker Road. 4. All proposed parking lot improvements are required to be made prior to the issuance of a Certificate of Occupancy for the Family Life Center. 5. A parking agreement shall be prepared and submitted prior to Site Plan approval. Said parking agreement shall arrange for a minimum of 75 parking spaces located on the remaining 2.495 acre site at 848 Baker Road to be available for individuals using the Family Life Center, Monday through Friday. .t ENOCH BAPTIST CHURCH / GOOQfiA"R` ,,N : EPISCOPAL CHUCH Agendsa Items D3; 14 Pa?? 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 Cenfer and Department of Planning / Permits and Inspections Division, and the issuance of a Cerfificate of Occupancy, are required before any uses allowed by fhis Change of Zoning are valid. The applicanf 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. ENOCH BAPTIST CHURCH / GOO EPISC( Agendi EXISTING USE PERMIT CONDITIONS FOR ENOCH BAPTIST CHURCH: Original Conditional Use Permit was approved by City Council on November 12, 1997. Subsequently, City Council approved three separate requests to modify the Conditional Use Permit on the dates of August 28, 2001, April 12, 2005, and December 1, 2009. 1. Development of the site shall be in substantial conformance with the site plan entitled "Concept Plan for Parking & Outdoor Recreational Facility, Enoch Baptist Church," by Gallup Surveyors and Engineers, dated August 27, 2009, which has been exhibited to City Council and is on file with the Planning Department. 2. Architectural Design, colors, and materials shall match those identified on the elevations entitled "Enoch Baptist church - Phases I& II," by Andrei T. Banks, which have been exhibited to City Council and are on file with the Planning Department. 3. If the applicant chooses to construct a freestanding sign, it must be monument style, no taller than eight (8) feet, and constructed with a brick base that matches the building. 4. Clearing of understory growth within the eastern and southern buffers shall be performed by hand. No trees with a caliper larger than four (4) inches shall be removed in these areas. 5. A fifteen (15)-foot buffer shall be preserved on the western border of the property. Category IV landscaping shall be installed within this buffer area, modified as necessary to comply with any height limitations imposed by Virginia Power. 6. Road improvement for Herbert Moore Road shall consist of City standard curb, gutter, sidewalk, and drainage facilities for the area fronting the subject property. Pavement width of the road in this area must be a minimum of fifteen (15) feet. 7. The minimum front yard setback shall be measured from the ultimate right-of-way line for Moore's Pond Road (Herbert Moore Road). 8. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the court shall not occur after dusk. ENOCH BAPTIST CHURCH / GOO EPISC( ? f AMAR?f ??N ` RALCHU?CH atems D14 Page 9 EXISTING USE PERMIT CONDITIONS FORHGOOD SAMARITAN EPISCOPAL CHURCH: Original Conditional Use Permit was approved by City Council on December 13, 1976 and subsequently modified on November 9, 2004, and April 12, 2005. 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. It is recommended that the applicant contact the Public Utilities Department concerning the availability of sewerage facilities in this area. 3. At least one (1) parking space per five (5) seats or bench seating spaces in the main auditorium shall be required. 4. The modifications to the site shall be developed in substantial conformance with the submitted Preliminary Site Plan entitled, "Good Samaritan Addition,"prepared by lonic DeZign Studios, dated 041107104, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 5. The addition to the existing one (1)-story church building shall be developed in substantial conformance with the submitted Elevations entitled, "Good Samaritan Addition, Sheet Number A- 2 and A-2.1 " prepared by lonic DeZign Studios, dated 04107104, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 6. The final Occupancy Permit for the proposed new assembly (2,813 square foot addition), identified as such on the plans listed above, shall not be granted until seating to accommodate no more than one hundred twenty-five (125) seats is shifted from the existing assembly to the proposed new assembly. 7. Improvements, if any, shall be installed along Herbert Moore Drive to match the existing geometrics of the right-of-way. ENOCH BAPTIST CHURCH / GOOD?$AAAARt -??N EPISCOPAL CHU?CH Agenda' Items D3.? 14 ° Pagie 10 INFORMATION RELATED TO HERBERT MOORE ROAD WITH REGARD TO IMPROVEMENTS: Both sites have experienced modifications to conditions relating to right-of-way improvements for Herbert Moore Road. On November 9, 2004, Good Samaritan Church (848 Baker Road) was required to depict a 24-foot wide pavement section on their final site plan and install this improvement from the corner of Baker Road and Herbert Moore Drive for the width of the subject property only. On April 12, 2005, Good Samaritan Church modified their Conditional Use Permit. As part of that modification, City Council modified the condition relating to right-of-way improvements to require that any improvements made to Herbert Moore Road match the (then) existing geometrics of the right-of-way. On November 12, 1997, Enoch Baptist Church (5641 Herbert Moore Road) was required to widen Herbert Moore Road to a minimum width of 22 feet from the intersection of Baker Road to the easternmost access point of the site. On August 28, 2001, Enoch Baptist Church requested a modification to their Conditional Use Permit. As part of that modification, City Council revised the condition relating to right-of-way improvements to require that improvements for Herbert Moore Road include a lessened minimum pavement width of just 15 feet, as well as curb, gutter, sidewalk, and drainage facilities, only for the area fronting the subject property. Today, Herbert Moore Road in adjacent to the subject site has approximately 13 to 17 feet of pavement width. Current City standards require at least 30 feet of pavement width for a local street, which provides enough room for on-street parking. The previous condition that 24 feet of pavement be constructed along Herbert Moore Road was a compromise of the Public Works Standards requirement that a 30-foot wide pavement section placed within a 50-foot wide right of way. EPISC??? Q.P,AL CHU CH Agend? atems D3-? 14 r PagO 11 N ?AM?AR"f ?A ENOCH BAPTIST CHURCH / GOOD ? ? AERIAL PHOTOGRAPH OF AREA ENOCH BAPTIST CHURCH / GOOD EPISCOF Agenda I IA• .,....,.....,... ,r kL CHURCH 3ms D3 & 14 Page 12 I r '"-? - _ ?- ? - ? ? i;• 9 i i ', jt! ENOCH BAPIIST CHURCH 6??y .,? . rr 1!4 I E ? ? ? ? r .. , .? •- d W G ' ? ? ? q g •??? 8 1, . i' ?I .. # i) / LIFE CENTER -: - ? t? ? \ +!'!ii f. PROPOSED SITE PLAN Yellow: Proposed improvements of Family Life Center and three parking lot additions ENOCH BAPTIST CHURCH / GOOD SAMARITAN 'EPISCOPAL CHURCH ?i Agenda Items D3 & 14 Page 13 , ? ...?yJR NAi1. ,J( I I ?f f! ;ia 3= Y U ? W F1? AF I ? a_ , - 8KW ?z - qy? F zj?u I : ? Q ? a ? ,.,..._ Ny '_?•#• ? ----1''`?1-- ---- __ it F'+=f ? S yaa4;l E r kA?l Ys:! / \ PROPOSED SITE PLAN Yellow: Proposed improvements of Family Life Center and three parking lot additions ENOCH BAPTIST CHURCH / GOOD SAMARITAN EPISCOPAL CHURCH Agenda Items D3 & 14 i Page 14 ? HBtwi rooRt aoa fea' p/wi I? ?? ea ? _.. ? . ... .... nmr ... .... ? - ?i! ,? . _ _. -? _.; ?; -. i,. ? . - __ r ? , , •?? L CURRENT OWNERSHIP AND APPLICABILITY OF EXISTING CONDITIONS Red: Good Samaritan Church, 848 Baker Road Blue: Enoch Baptist Church, 5641 Herbert Moore Road ?,mnrr roar? w?n W .m ? I? - ?- ? .a..,... «W..«,.... ...,.... ? ,........ \ .?. , •- ly._.j. ' 1 ? 1 ?? j - -?-.'I?: ?'.j" f ::?'? _ - - _ .n,>.. ' i ...-? V .......... .e .,. ?.: PROPOSED (RESULTING) OWNERSHIP AND APPLICABILITY OF NEW RECOMMENDED CONDITIONS Red: Good Samaritan Church, 848 Baker Road Blue: Enoch Baptist Church, 5641 Herbert Moore Road AERIAL OF SITE LOCATION ENOCH BAPTIST CHURCH / GOO EPISCU rAL c;MUrcc;n 3 Items D3 & 14 Page 15 ?-<. . _ . ? ? ? . '`+''•-?"-.'' -UJ?m,vt F t 4` '_ . - . . .. ?.. aW? Fh F'p?'?"1 ?Nnr_ ?-{ PAr'l"rsT c:?IURe?H -ro- 1L.Ar rwtt 4wr QUxJ? PROPOSED BUILDING ELEVATIONS FOR FAMILY LIFE CENTER I' i? ENOCH BAPTIST CHURCH / GOOD SAMARITAN EPISCOPAL CHURCH i Agenda Items D3 & 14 Page 16 ? ? '?v ?III I ??. oue Nass..r VIr-W F fL.DM ,. rL_ ? -V1F.1N' r" HMRf'-e-RT MUQKE- i jl": ? _.I& li ?I l. Y? ?I \?-r 4 v 1 C?l ` FLOOR PLAN FOR PROPOSED FAMILY LIFE CENTER ENOCH BAPTIST CHURCH / GOOD SAMARITAN EPISCOPAL CHURCH ; Agenda Items D3 & 14 ? Page 17 ? ? ?J" Ln ? 41 ? f 11W a0? LLk N m .? s ?? ?'; ??; ?h}? •?? ? _ .._ _._ z 1;; ??I ?` .?D'i i;i? ?+j ? • ? ! ?t e ? ?i , " f -/ ? ? \ e€ 8 • 1 - ,... \ / k 1\ ? ^ ? x / l ? ? . C ' i i : --- ---------- ?o- _ ..1?..?.? -.=?.?::? ?-_, •.?:?;k.=-?.?` - - T ? ? ? ` ' , ..?>.•., j. •.?•J .^•} ...?' `? `'Y`? ; ? ? ? ? ? .i'? _'K.• s .,?? ;.`..,?,.??.,..??:, I ? ?r il [ \ ? ? 1 ;A s =o ? ? r . FT -----_ 1 ' f?.d ' PRELIMINARY LANDSCAPE PLAN FOR "PROPOSED 32-CAR PARKING LOT ADDITION" TO ENOCH BAPTIST Ar ENOCH BAPTIST CHURCH / 1 EP Items D3 & 14 ' Pag e 18 ? l , OUR _ NA" ?al? •?...?e?e? Al . ? . ? ? . _ . . _ .. _ ? • . . . ? -s? _. ? .. .. .. ?. « ., `...... . . • , ? . ? ? . ? ; ?. . . . . . . . . . . . _ ? . . . , a ??y?-??'m??i,vP • ??'!°-.I.I,.1 FP.. , I P .:F•.l?F: 'i:ti?i?1'> ' ; • . . ? . ? . - . .1 . ? . ? , __?-_?+1'_? . r" ? ? ; . - ?= ` _ ? • , -?-' °? 1 , . ? :r.'-:= '°'>' ? ? . • ' ' ? ? ? .. ? ..~-?`--' .. ? r . .?,•w,?; n;:-?...? . . • ? . ? ',. ; 4 ? = ' ------ -- ? r - ---? . .'-: -• '--'- e • d ?? a i...' .?' "'?._.._.., . ... ?°?.t, v.. rs ..^:-4 1f? =': _ _ ,. 7_:?' t 7 ? ! • ~?YS? ? ? ,? j C1?vt5?•B4r"'.... -?- s..-?t E y V 0 ? ? 1 tl ? ? .. . , , .In:.?iOlv.r • - ? ? • ? ____"'_' _- - - ...}.?? • _ l ? •? ? ? ?? ?Y:'?lsK. 1'? _ ,"-'-' ............... ;.? I6tus? ... . . i ? 1 , , ? . _. . . 4?.Ct-- ? ,'.'? ???„I.l.-?-'?'? . . . ? • . • . . Foundation or surrounding landscaping shall be installed around the Family Life Center for substantial portions of each of the remaining fagades. Said landscaping should diminish the perceived height of the Family Life Center and be spaced in concert with the archifectural features of each facade. ENOCH BAPTIST CHURCH / GOC EPISCi Agend SAMARITAN AL CHURCH ; tems D3 & 14 Page 19 ' i ZONING HISTORY # DATE REQUEST ACTION 12/01/2009 Modification of Conditions for Religious Use Addition of Outdoor Basketball and Tennis Court Approved 04/12/2005 Modification of Conditions for Religious Use Addition of Child Care Use Approved 1 08/28/2001 Modification of Conditions for Religious Use Church Addition Approved 11/12/1997 Conditional Use Permit Reli ious Use A roved 02/11/1992 Conditional Use Permit (Reli ious Use Withdrawn 04/12/2005 Modification of Conditions for Religious Use Re uest for deletion of condition re uirin ri ht-of-wa im rovements Approved 2 11/09/2004 Modification of Conditions for Religious Use Church Addition, revised site lan and elevations Approved 12/13/1976 Conditional Use Permit (Reli ious Use A roved 08/12/2008 Conditional Use Permit Cellular Telephone Antenna A roved 3 04/22/2004 Conditional Use Permit Dormitor ) A roved 4 02/13/2007 Conditional Use Permit Cellular Telephone Antenna A proved 5 12/09/2003 Chan e of Zonin (R-10 Residential to Conditional A-12 Apartment A roved 6 02/22/1994 Conditional Use Permit Private School A roved 7 11/18/2008 Conditional Use Permit Home Childcare A roved 8 04/17/1979 Conditional Use Permit Group Home A roved ENOCH BAPTIST CHURCH / GOOD SAMAI EPISCOPAL CH Agenda Items D AN , C H 14 20 +A5?., -..4._.. - i ? APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foliowing: 1. List the applicant name followed by the names of a11 officers, members, trustees, partners, etc. below: (Attach list if necessary) t ? ? ? ? ? ? i ? i ? ? ? i ? i ? ? ? Michael Daniets, Larry Hunter, Milford Case, Eric Donigan, Barbara Rogers, Barbara Williams 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship wiih the applicant: (Attach list if necessary) N!A a Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis 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: (Atfach list if necessary) ? ? ? 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) ? / i ? ? ? ? i ? ? N/A ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No M If yes, what is the name of the official or employee and the nature of their interest? ? DISCLOSURE STATEMENT _ :..- ENOCH BAPTIST CHURCH / GOOD?SAMAR`?TAN ' EPISCOPAL CHUftCH Agend'a Items D3-A 14 , Pag6 21 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Gallup Surveyors 8 Engineers, Ltd. '"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. J 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 insVuctions in this package. The undersigned also consents to entry upon the subject propeRy by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. r •- ,r. .; Dr. Michael Daniels ApplicanYs fgnature Print Name See Attached Property Owner's Signature (if different than applicant) Prini Name DISCLOSURE STATEMENT ENOCH BAPTIST CHURCH / GOOD$AMAR1'?AN EPISCOPAL CHU:fkCH Agenda Items D314 _.,. Page 22 ? APPI.ICANT 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) f ? t ? t ? Michaet Daniels, Larry Hunter, Milford Case, Eric Donigan, 8erbara Roqers, Barbara Williams 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 reiationship with the applicant: (Atiach list if necessary) N/A ? Check here if the applicant is NOT a corporation, partnership, finn, business, or other unincorporated organization. ? t ? 1 ? 1 ? f ? ? ? PROPER7Y OWNER D1SClOSURE Complete this section only if property owner is differsnf from applicant. If the properiy owmer is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A I 1 ? 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? ? ? ? t i ? ? 1 i i ? N/A ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other uninwrporated organiraGon. a See next pa9e for tootnotes Does an official or eM oyee oI t?ig City of Virginia Beach have an interest in the subJect land? Yes No M If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ENOCH BAPTIST CHURCH / GOOD $AMAR`?I?N ?EPISCQPAL CHU-RCH Agendo Items D3,j? 14 ? Pag? 23 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services, financial services, accounting services, and legal services' (Attach list if necessary) Gallup Surveyors & Engineers, Ltd. K-Kontractors ''Parent-subsidiary rclationship' means 'a reladonship that ewsts when one corporation direcdy or indirectly owns shares possessing more than 50 percent of the voting power of another corporatian.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2`Affdiated business entity relationship" means 'a relationship, other than parent- subsidiary relationship, that exists when (f) one business entity has a comrolling ownership interest in the othet business entity, (ri) a controlling owner in one erdity is also a controlling owner in the other entAy, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affitiated business entity retationship include that the same per5on or substantialy 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 o(fices or employees or otherwise share activiGes, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entiGes' See State and Local Govemment ConfUct of Interests Act, Va. Code § 2.2-3101. r we cam 1M ? ? ? ! Q F- 09 C ? ? H ? ?--r ? ? ? 9;; 4c F- 09 ca IF1 ? ? ? ? ? ? ? ? ! CERTIFICATION: I artity that the iniormation cantained hereln is true and accurate. I under5tand that, upon receipt of not'dKation (posteaM) that the application has been schedukd for public hCanng, I am responsible for obtaininy and posting the raquirad aiyn on the subject property at leasi 30 days prior to the scWuled pubtic heanng according to the instructions in this packaye. The undersipned also consents to ontry upon the subject property by employees o/ the Department of Planniny to photopraph and view the zft iar purposes of processing and evatueting this application. Dr. Michael Oaniels Appl' nt'a S ature Print Name See Attached Property Owner s Sipnature (if differant than applicant) Print Name Mod6caoon of Gonlitiau Appucaoion o.- o ?J o DISCLOSURE STATEMENT ..?.. ENOCH BAPTIST CHURCH / GOOp ?AMAR1'??N EPISCQPAL CHURCH Agend'a Items D34 14 Page 24 ENOCH BAI'TIST CHURCN -90-17 Gb) -,? a I N ?v ??Y Larry unter, Trustee Date ' ?/-..? i o Case, Trustee Date Barbara Williatns, Trustee D te S4?, Eric Donigan,'f'rustee Date 1L--') I a-9 0.1 `f Barbara Rogers, Trustec Date MODIFtCATION OF CONDITIONS APPLiCATiON OWNERS StGNATURE PAGE GOOll SAh1ARITAN F.PISCOPAL CIIUNCII ?'K,?,"?, Winndm ,. Souza, Trustee Date VVilli C. Mumay, Trustec natc Richard Buckalew, 7'rustee Date DISCLOSURE STATEMENT SIGNATURES ENOCH BAPTIST CHURCH / GOOD, AMARi AN EPISCQPAL CHU?CH Agend,0tems D3::A 14 . Pago 25 Item #14 Enoch Baptist Church Modification of Conditions 848 Baker Road District 2 Kempsville December 10, 2014 CONSENT An application of Enoch Baptist Church for a Modification of a Conditional Use Permit approved by the City Council on 08/02/2004 on property located at 848 Baker Road, District 2, Kempsville. GPIN: 14681460320000. CONDITIONS 1. All conditions previously approved by City Council for the parcel identified as 848 Baker Road shall no longer apply. 2. The 3.3726 acre property identified as 848 Baker Road shall be subdivided into two lots substantially as shown on the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014 and prepared by Gallup Surveyors and Engineers, LTD. The following conditions shall apply to the resulting 2.495 acre parcel. The .878 acre parcel identified as "NEW LOT FOR FAMILY LIFE CENTER is included under the conditions prepared for 5641 Herbert Moore Road. 3. The minimum ten-foot parking lot perimeter landscaping requirement shall be met for all proposed parking lot improvements located within 70 feet of the public right-of-way of Herbert Moore Road or Baker Road. 4. All proposed parking lot improvements are required to be made prior to the issuance of a Certificate of Occupancy for the Family Life Center. 5. A parking agreement shall be prepared and submitted prior to Site Plan approval. Said parking agreement shall arrange for a minimum of 75 parking spaces located on the remaining 2.495 acre site at 848 Baker Road to be available for individuals using the Family Life Center, Monday through Friday. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 14. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE Item #14 Enoch Baptist Church Page 2 REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 14 by consent. Pastor Michael Daniels appeared before the Commission. Item #D3 Enoch Baptist Church Modification of Conditions 5641 Herbert Moore Road District 2 Kempsville December 10, 2014 CONSENT An application of Enoch Baptist Church for a Modification of a Conditional Use Permit Approved by the City Council on 08/26/1997 on property located at 5641 Herbert Moore Drive, District 2, Kempsville. GPIN: 14682411340000. CONDITIONS 1. All conditions previously approved by City Council for the properties located at 5641 Herbert Moore Road and 848 Baker Road shall no longer apply. This Modification of Conditions shall apply to the 2.703 acre parcel located at 5641 Herbert Moore Road and the .878 parcel called out at as "NEW LOT FOR FAMILY LIFE CENTER" on the submitted concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014 and prepared by Gallup Surveyors and Engineers, LTD. Said properties may be referred to as "the site" in the following conditions. 3. Improvements made to the site shall substantially conform to the concept plan titled, "C.U.P EXHIBIT, ENOCH BAPTIST CHURCH," dated August 1, 2014, and the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH," dated August 23, 2014, both as prepared by Gallup Surveyors and Engineers, LTD 4. The proposed Family Life Center shall substantially conform to the undated conceptual elevations submitted with this application identified by the titles of, "VIEW FROM BAKER ROAD," "VIEW FROM ENOCH BAPTIST," VIEW FROM HERBERT MOORE ROAD," and "BACK OF BUILDING." Additionally, all points of ingress/egress of the Family Life Center shall have a standing seem metal entrance cover, similar to and less pronounced than those shown on the elevation titled, "VIEW FROM BAKER ROAD". With the exception of the roof, no metal paneling or siding shall be used as an exterior material. 5. As allowed per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the R-10 Residential District with regard to setbacks, as shown on the conditioned site plans referenced in Condition 3. 6. The minimum ten (10)-foot parking lot perimeter landscaping requirement called out in Section 5A.5 of the City Site Plan Ordinance shall be met for all proposed parking lot improvements located within 70 feet of the public right-of-way of Herbert Moore Road or Baker Road. Item #D3 Enoch Baptist Church Page 2 7. The proposed Family Life Center shall have foundation landscaping for 100% of the width of the northern elevation referred to as "VIEW FROM HERBERT MOORE ROAD" with the exception of points of ingress and egress. Foundation or surrounding landscaping shall be installed around the Family Life Center for substantial portions of each of the remaining fagades. Said landscaping should diminish the perceived height of the Family Life Center and be spaced in concert with the architectural features of each facade. 8. With the exception of any requirements of these conditions or as determined through site plan review, landscaping and tree preservation shall substantially conform to the preliminary landscape plan titled, "LANDSCAPE PLAN, ENOCH BAPTIST CHURCH, FOR PARKING LOT ADDITION," dated November 10, 2014 as prepared by Gallup Surveyors and Engineers LTD. As shown on said plan, no improved parking surface shall be closer than ten (10) feet to the adjacent properties. All trees shown with a dashed drip line are to be preserved. The portion of the western lot line not included in the preliminary landscape plan shall retain the existing 15-foot buffer. 9. The two (2) trees called out as "21" HICKORY," and "18" OAK," shall be preserved. 10. Should signage be placed on the proposed Family Life Center, it shall be limited to the ground story only. All signage shall be approved by the City Zoning Administrator. 11. The Family Life Center shall be used only between the hours of 6:00 am and 10:00 pm. To avoid any parking conflicts, the Family Life Center shall not be used during times of worship at Enoch Baptist Church or Good Samaritan Episcopal Church. 12. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the court shall not occur after dusk. 13. No public parking is allowed on Herbert Moore Road unless it is improved to meet applicable Public Works standards for on-street parking. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D3. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE ABS 0 ABSENT 1 ABSENT Item #D3 Enoch Baptist Church Page 3 By a vote of 10-0, the Commission approved item D3 by consent. Pastor Michael Daniels appeared before the Commission. Item #15 4`h Generation Home Builders, L.L.C. Page 14 Dave Redmond: There is a motion on the floor by Mr. Ripley to approve agenda item 15, and seconded by Mr. Inman. Is there any final comments? Are there any questions? Okay, Ms. Coleman, you're in charge. AYE 8 NAY 3 ABS 0 ABSENT BROCKWELL AYE HODGSON NAY HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI NAY RUSSO NAY THORNTON AYE WEINER AYE Marchelle Coleman: By a vote of 8-3, you have approved item 15. Dave Redmond: Thank you Mr. Bourdon. Thank you everyone. ? ? ? ? 4 ? . ? ? a. ? ? .? ? PM ? ? ? ? ? ? G . p. ?¦ CC ? a ? a c PC ? d w o? yA .............. ??. -?.. . ' ; .? ? N ? -? Jo w p ? a ?. Y ?'i I? ?? • `r . . - t ' Cs '------?----__?.:?- ? ol...l goo ?--? ? Cs U . _? .-? 713,J N` r ? Q Z ? Q w ? ? ? ? ? ? V .? N 0 ? ? I 4I N O , ? C I ? ? 3 C N . - , CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: 4TH GENERATION HOME BUILDERS, LLC (Applicant) / SARAH F. BARKER (Owner). Application: Conditional Chanqe of Zoninq from R-40 Residential to Conditional PD-H2 Planned Development [A-12 Apartment] District. 5001 Shell Road (GPIN 1479038850). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: January 6, 2015 ¦ Background: The applicant requests a Change of Zoning of a 2.964-acre parcel from R-40 Residential District to Conditional PD-1-12 (A-12) Planned Unit Development District to allow development of the site with 19 single-family dwellings in a condominium form of ownership. The existing parcel has 489 feet of street frontage on Shell Road as well as 50 feet of frontage on Shelton Road along the rear lot line. A single-family dwelling, constructed in 1908, is located on the parcel; however, it is currently vacant and in disrepair. The site is surrounded by a variety of uses, including two-story apartment buildings, small scale industrial-service type business, self-storage, a church, and single-family dwellings. ¦ Considerations: The site will have one point of vehicular access on Shell Road and will be developed with finro private roads to accommodate interior circulation. The units will front on the proposed private roads, enclosing an open space area on three sides. As called out on the site plan, there will be 27,230 square feet (21.09% of the site) of open space, which will consist of a flat open recreational lawn area and a heavily landscaped walkway along Shell Road. Of the 27,230 square feet of open space, 5,185 square feet will consist of a dry bioretention bed. In addition to the reserved parking spaces associated with each dwelling unit, nine guest parking spaces are proposed at the southern edge of the open space area. All units will be a minimum of 1,700 square feet in area, a maximum of 35 feet tall, and have the option of 2 stories of living space or 2 stories with additional living space between the roof and the 2nd story. Materials will consist of cement- fiber siding and shake, brick veneer, board and batten, and 30-year architectural shingles. 4`h GENERATION HOME BUILDERS Page2of4 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 opposition to the request, primarily from residents of the Lakeview Park neighborhood, who expressed concerns about the density, the potential for access to Shelton Road from the proposed development, the precedent that approval of the rezoning would have for further encroachment into Lakeview Park, and principally, the lack of contact from the applicant with the civic league. The attached verbatim minutes provide the specific details of the opposition. ¦ Recommendations: The Planning Commission, by a recorded vote of 8-3, recommended approval of this request to the City Council; however, direction was provided to the applicant to meet with residents of the Lakeview Park neighborhood to address their issues (described above). The proffers below reflect the changes made to the original proffers to address concerns of the residents. The summary of the project provided above as well as in the attached staff report are based on the revisions made to the proffers. The revised proffers were submitted prior to the deadline established by the Zoning Ordinance, and the City Attorney's Office found the proffers to be legally sufficient and in acceptable legal form. The attached staff report has been revised to reflect the changes to the proffers. PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential condominium containing no more than nineteen (19) units, no less than fifteen percent (15%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibits titled "REZONING EXHIBIT OF SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", dated 7/01/14 and "LANDSCAPING SHEET OF SHELL COVE CONDOMINIUM For 4th Generation Home Builders, LLC", dated 7/01/14, prepared by Kellam-Gerwitz (the "Concept Plan") copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated "REZONING EXHIBIT FOR SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", prepared by Retnauer Baynes Associates, LLC (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4th GENERATION HOME BUILDERS Page 3 of 4 PROFFER 3: When the Property is developed, the residential structures will contain a minimum of 1700 square feet of living area (excluding garage) and a one or two car garage. The exterior building materials to be utilized as depicted on the Elevations will be fiber cement siding with brick veneer accents and thirty (30) year architectural shingles. PROFFER 4: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 5: The dimensional requirements applicable to Shell Cove Condominiums shall be as follows: Minimum setback for an enclosed building from 25 feet Shell Road Minimum setback for a covered, unenclosed porch 17 feet from Shell Road Minimum rear yard and side yard setbacks from 18 feet adjacent property Minimum distance from front of dwelling to front of 20 feet curb Minimum distance from side of dwelling to front of 20 feet curb Minimum distance between residential building 10 feet side to side Maximum building height 35 feet Maximum fence height for interior unit/yard vinyl clad, picket style fences (no greater than 50% 4 feet opaque) for all units Fences in side yards between residential buildings must be setback from the front fagade of the enclosed residential structure (i.e. excludes 10 feet covered porch and front of garage) a minimum of PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are open spaces which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 4tn GENERATION HOME BUILDERS Page 4 of 4 PROFFER 7: When the Property is developed, any building fagade (i.e. front or side) facing Shell Road, Shell Cove Lane, Oyster Shell Lane or the shared driveway from Shell Cove Lane shall have one hundred percent (100%) foundation landscaping, with the exception of garage doors and front porch access steps. The exterior of all fencing which does not abut a Category I Landscape Buffer or does not internally separate fenced rear yards befinreen units shall include a landscaped planting bed with ornamental grasses and/or shrubs running the entire length of said fencing, except where there is an operable access gate. 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. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAge cy: Planning Department City Manager: ? "b6 C/;l RAYS,DE -zwwMa+»sa«v? ZoninpCh8nyelromR-iOtoPD-H[fA-7YJ 15 November 12, 2014 Public Hearing APPLICANT: 4T" GENERATION HOME BUILDERS, L.L.C. PROPERTY OWNER: SARAH F. BARKER STAFF PLANNER: KRISTINE GAY REQUEST: Chanqe of Zoninq from R-40 Residential District to Conditional PD-H2 (A-12) Planned Unit Development District with an underlying zoning of A-12 Apartment District ADDRESS / DESCRIPTION: 5001 Shell Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14790388500000 BAYSIDE 2.964 Acres Less than 65d6 DNL BACKGROUND / DETAILS OF PROPOSAL Request The applicant is requesting to rezone the subject property from R-40 Residential District to Conditional PD-H2 (A-12) Planned Unit Development District with an underlying zoning of A-12 Apartment to allow development of the site with 24 19 single-family dwellings (number of units dropqed to 19 from 21 after Planninq Commission as a result of ineetinp with residents to address the concerns expressed durinq the public hearinq). Site Details The site is 2.964 acres in area with 489 feet of street frontage on Shell Road as well as 50 feet of frontage on Shelton Road along the rear lot line. A single-family dwelling was constructed on the site in 1908; it is currently vacant and in disrepair. A stand of mature trees extends eastward for approximately 100 feet from the west side lot line. A variety of mature trees are sited throughout the lot around the existing dwelling, along Shell Road, and following the rear lot line. There is a 30 foot wide Public Utility easement following the east side lot line and continuing along the rear lot line until it meets Shelton Road. The site is surrounded by a variety of uses including 2-story apartment buildings, small scale industrial- service type business, self-storage, a church, and single-family dwellings. Proposal Details The applicant is proposing to develop the 2.964 acre site with 24 19 detached single-family units; this equates to a density of 74 6_4 units to the acre. The new development will be a single family condominium form of ownership where the association manages and maintains all of the common areas, streets, drainage facilities, and on site utilities. The site will have one point of vehicular access off of Shell Road and will be developed with 2 private roads to accommodate interior circulation. As shown on the submitted and proffered elevations and site plan, the applicant has proposed 3 different unit styles. All units will be a minimum of 1,700 square feet in area, a maximum of 35 feet tall, and have the option of being finished with 2 stories of living space or 2 stories with additional living space between the roof and the 2nd story. Materials will consist of cement-fiber siding and shake, brick veneer, board and batten, and 30-year architectural shingles. All units have a covered front porch, 4-over-1 windows, an aesthetically enhanced garage door, 2 reserved parking spaces, and a rear patio. Additional features include rear covered porches, 4 foot maintenance free picket fencing, gable peak accents, bracketed fagade projections, and 2"d story porches. Unit A and Unit C have a 1-car garage and a 26' x 50' footprint. Unit B has a 2-car garage and a 34' x 50' footprint. Additionally, 4 units have been modified to include a wrap-around porch at the front entrance. The following are the proposed dimensional requirements which have been proffered by the applicant: Minimum setback for an enclosed building from Shell Road 25 feet Minimum setback for a covered, unenclosed porch from Shell Road 17 feet Minimum rear yard and side yard setbacks from adjacent property 18 feet Minimum distance from front of dwelling to front of curb 20 feet Minimum distance from side of dwelling to front of curb 12 feet Minimum distance between residential building side to side 10 feet Maximum building height 35 feet Maximum fence height for interior uniUyard vinyl clad, picket style fences 4 feet (no greater than 50% opaque) for all units Fences in side yards between residential buildings must be setback from the front fagade of the enclosed residential structure (i.e. exGudes 10 feet covered porch and front of garage) a minimum of The units will front on the proposed private streets of Oyster Shell Lane and Shell Cove Lane and frame the centered open space. As called out on the site plan, there will be 27,230 square feet (21.09% of the site) of open space, which will consist of a flat open recreational lawn area and a heavily landscaped walk way along Shell Road. Of the 27,230 square feet of open space, 5,185 square feet is proposed to incorporate a dry bioretention bed. In addition to the reserved parking spaces associated with each dwelling-unit, 9 guest parking spaces are proposed at the southern edge of the open space. Medium canopy trees frame the open space and follow the walkway along Shell Road. Small canopy trees are placed between each of the dwelling-units. Within 10 feet of the west lot line, existing trees will be selectively cleared and a 10 foot wide Category I landscape buffer of Wax Myrtle and Viburnum will be planted. Said Category I landscape buffer will continue along the rear lot line until it meets the Public Utility Easement. To avoid conflict with underground utilities, within the easement, the applicant will plant a 5 foot wide Category 1 landscape buffer of shallow rooted evergreen shrubs. With the exception of garage doors and front entrances, all dwelling-units will have 100% foundation planting for the front fagade. Further, any fagade which is adjacent to an existing or proposed road will also have 100% foundation landscaping. With the exception of interior fencing between 2 yards, proposed fencing will have ornamental grasses and shrubs planted along the exterior to provide enhanced screening, 4T" GENERATION HOME BUILDERS, L:L.C. Agenda Iter,04 15 Page 2 ,- LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant single-family dwelling / R-40 Residential District SURROUNDING LAND North: . Apartments /A-12 Apartment District USE AND ZONING: South: . Single-family homes / R-40 Residential District East: . Self-storage / B-2 Business District West: . Self-standing Church / R-40 Residential District NATURAL RESOURCE AND There do not appear to be any significant cultural or natural CULTURAL FEATURES: features located on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in 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 these 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 residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shell Road in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shell Road N/A N/A Existing Land Use - 24 ADT Proposed Land Use 3- 230 ADT Average Daily Trips Z as defined by the potential by-right development following R-40 Residential Zoning District requirements ' as defined b 24 sin le-famil homes WATER: The site is already connected to city water. The existing 5/8-inch meter (City ID #95023276) may be used or upgraded to accommodate the proposed development. SEWER: The site is already connected to city water. The existing 5/8-inch meter (City ID #95023276) may be used or upgraded to accommodate the proposed development. EVALUATION AND RECOMMENDATION The 2.964 acre site is currently zoned R-40 Residential which allows a density of .8 units per acre; this equates to 2 units on the subject site. The applicant is proposing to construct a total of 19 dwelling units which equates to a density of 6.4 units per acre; therefore, the applicant is requesting to rezone the site to PD-H2 Planned Unit Development Housing District with an A-12 Apartment District as the underlying zoning district. The A-12 Apartment District allows the development to achieve the desired density of 6.4 units per acre. The use of PD-H2 allows the applicant to specify the building setbacks and height. The PD-H2 Planned Unit Development district typically requires a minimum lot size of 5 acres. This site is deficient of this requirement by 2.036 acres; however, the Zoning Ordinance allows some consideration of petitions when the overall design will be a benefit to the community. Accordingly, the applicant has proposed to exceed landscaping requirements; provide enhanced public pedestrian improvements along Shell Road; use maintenance free and quality architectural materials; and maintain 21.07% of the site as usable open space for neighborhood gatherings and recreational purposes. The higher density A-12 Apartment Zoning District to the north allows 12 units per acre; the lower density R-40 Residential Zoning District to the south allows 0.8 units per acre. It is Staff's opinion that the proposed density of 6.4 units per acre will serve as an appropriate transition among the existing surrounding residential densities. Additionally, it is not likely that the proposed shared amenities and enhanced features that senre as a public benefit would be included in the by-right development of this property under the existing R-40 zoning. Below, Staff has further reviewed specifics of the proposal. Landscapinct Where an Apartment District adjoins a Residential District a 10 foot Category IV landscape buffer is required. The subject site adjoins a Residential District along the west side lot line and rear lot line. For the portion of these lot lines which does not fall within the Public Utility Easement, the applicant has worked with the City Landscape Architect to include a 10 foot Category I landscape buffer to provide screening appropriate to the existing stand of mature trees which do not have an understory. For the remaining portion of the rear lot line as well as the east side lot line, the applicant has worked with Public Utilities to specifically provide a 5 foot Category I landscape buffer of shallow rooted evergreen shrubs to avoid conflict with the underground utilities. While it may not be included as a condition or proffer of this report, it should also be noted that the applicant has met with the property owner adjacent to the east regarding replanting his required 15 foot Category IV landscape buffer. The adjacent property owners to the south have placed fences on the property lines which they share with the subject site. The applicant has met with these property owners and it has been mediated that the aqqlicant will install an eipht-foot tall maintenance free fence with a five-foot wide Cateaorv I landscape buffer and that the-applisaa? will selectively clear perimeter trees during construction and preserve any which they deem capable of remaining. The proffered landscape plan exceeds landscaping requirements by providing a total of an additional 22 medium and small canopy trees as well as proposing ornamental grasses and shrubs along mainte,nance 4r" GENERATION HOME BUIL.L)ERS, L.1..C. Agenda Itern 15 Pa'? 4 ? NZ, free picket fencing. All proposed landscaped improvements have been proffered by being incorporated in the landscape plan and/or included in Proffer #5 and Proffer V. Stormwater Manaqement and Open Space Initially the applicant proposed a total of 12% open space. Of this proposed open space, 4,800 square feet was also to be used as stormwater management, bringing the total of consistently reliable usable open space down to just 8%. The applicant has since revised the proposal to include 21.09% open space, of which 16%-sqeu{d 17.07% will be consistently usable. Further, Proffer # 1 includes that, should it be determined at site plan review that additional area is required to meet stormwater management requirements, a minimum of 15% open space shall still be provided on site. As shown in the proffered site plan and landscape plan, the proposed open space is well consolidated and located near the front and center of the subject site. Maintenance of the open space consistent with the intent of Presenration District has been included in Proffer #6 as the responsibility of the Condominium Association. Parkin The parking strategy proposed by the applicant meets the requirements of the Zoning Ordinance. Each dwelling unit is designed to provide parking spaces for a minimum of three vehicles. Depending on the unit model, the parking is accounted for within one and two car garages and utilizing one or two parking spaces in the driveway. Additionally, 9 guest parking spaces are also provided. The proposed private streets do not accommodate on-street parking. With the intent to provide sufficient area for parking per dwelling-unit, the applicant has proffered a minimum front yard setback of 20 feet which ensures an additional 2 feet of length to accommodate vehicles. Dimensional Requirements Proffer #5 includes all dimensional requirements proffered by the applicant. With the exception of the front porches which wrap the corners of Unit 1, 21, and 18, there will be a setback from Shell Road of 25 feet. The wrapped front porches may encroach into this setback up to 8 feet. The minimum distance that will be befinreen any unit and the lot lines shared with the adjacent properties will be 18 feet. The rear set back was initially 20 feet; however, with the intent to preserve the quality of the proposed street frontage, the applicant has lowered the rear yard setback by 2 feet to better accommodate parked vehicles within the individual driveways. Also included as a dimensional requirement is that there shall be a minimum of 10 feet between the proposed dwellings. Staff is generally not supportive of dwellings located any closer to each other than 12 feet. The proposed rezoning is with a PD-H overlay which allows the neighborhood to have a unique set of setbacks. As used in the overall proposed site plan, this dimensional requirement is appropriate. The applicant has proffered additional landscaping, maintenance-free fencing, and enhanced landscaped fence screening to suitably fill or border the resulting interior yards. More importantly, Staff feels as though this dimensional requirement is well balanced with, and allows for, the proposed central open space. Buildinq Desian As summarized in the beginning of this report, the applicant is proposing many enhanced architectural features that are not required through by-right development. As they are shown on the submitted elevations, these enhanced features have been included in Proffer #2. Additionally, Proffer #3 specifically calls out the minimum 1,700 square footage of each dwelling, as well as the exterior materials of fiber- cement siding, brick veneer, and 30 year architectural shingles. Staff finds this proposal to be compatible with the Comprehensive Plan with regard to use and community design. Based on the evaluation of the request, as provided above, staff recommends approval of this request as proffered. 4 T" GENERATION HOME BU PROFFERS The following proffers are 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 condominium containing no more than hyeRty-ene-(21) nineteen (19) units, no less than fifteen percent (15%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibits titled "REZONING EXHIBIT OF SHELL COVE CONDOMINIUM FOR 4'h Generation Home Builders, LLC", dated 86126114 7/01/14 and "LANDSCAPING SHEET OF SHELL COVE CONDOMINIUM For 4`h Generation Home Builders, LLC", dated 6=447/01/14, prepared by Kellam-Gerwitz (the "Concept Plan") copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated "REZONING EXHIBIT FOR SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", prepared by Retnauer Baynes Associates, LLC (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures will contain a minimum of 1700 square feet of living area (excluding garage) and a one or two car garage. The exterior building materials to be utilized as depicted on the Elevations will be fiber cement siding with brick veneer accents and thirty (30) year architectural shingles. PROFFER 4: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 5: The dimensional requirements applicable to Shell Cove Condominiums shall be as follows: Minimum setback for an enclosed building from Shell Road 25 feet Minimum setback for a covered, unenclosed porch from Shell Road 17 feet Minimum rear yard and side yard setbacks from adjacent property 18 feet Minimum distance from front of dwelling to front of curb 20 feet Minimum distance from side of dwelling to front of curb 20 feet Minimum distance between residential building side to side 10 feet Maximum building height 35 feet Maximum fence height for interior uniUyard vinyl clad, picket style fences (no greater than 50% opaque) for all units 4 feet Fences in side yards between residential buildings must be setback from the front fapade of the enclosed residential structure (i.e. excludes covered porch and front of 10 feet garage) a minimum of PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are open spaces which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 7: When the Property is developed, any building fagade (i.e. front or side) facing Shell Road, Shell Cove Lane, Oyster Shell Lane or the shared driveway from Shell Cove Lane shall have one hundred percent (100%) foundation landscaping, with the exception of garage doors and front porch access steps. The exterior of all fencing which does not abut a Category I Landscape Buffer or does not internally separate fenced rear yards between units shall include a landscaped planting bed with ornamental grasses and/or shrubs running the entire length of said fencing, except where there is an operable access gate. 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 are acceptable as they provide assurance that the layout of the site and the design of the buildings will be as proposed. The City Attorney's Office has reviewed the proffer agreement dated June 30, 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. AERIAL OF SITE LOCATION 4T" GENERATION HOME B W? LDERS, L.L.C kgenda Item 15 Page 8 ? • ?$?p Y ii I E ? ? ? k ?`? xy X s t A R v 7 ?? k y ? • y? ?? ?? ? i ? i ? ! s ? f Y ? ? PROFFERED SITE PLAN (PROFFER #1) 4T" GENERATION HOME BUILDERS, L.L.C. Agenda Itern 15 Y? Page 9 d? y. .? ? .? r ? ? ? E, ?? ?y? d m + ? itA gR " . ?.?? ••? PROFFERED LANDSCAPE PLAN (PROFFER #1) 4T" GENERATION HOME BU ILDERS, L.L.C. Agenda Itern 15 Page 10 ?., . ? y ? ;? •.? ?t?_ ?. ? INI7IAL CONCEPT ELEVATIONS 07-1-14 fLU.l`dfr - INITLL.?C??4?LEVATlON?S U9+5J2ot4 PROFFERED ELEVATIONS (PROFFER #2) 4T" GENERATION HOME BU . ? ILDERS, L.L.C. ? Agenda Item 15 - ? Page 11 ? J ?. , .? ?. < ...? A UNIT - FRONT ELEVATION B UNIT • REAR ELEVATION B UNIT • FR(A1T ELtVA I IUN B UNIT - IN{TIAL CONCEPT ELEVATIONS W C UNIT - iNtTIAL CONCEPT ELEVATIONS PROFFERED ELEVATIONS 4T" GENERATION HOME B LDERS, L.L.C. kgenda Item 15 Page 12 ? t ? ? J+ B UNIT• LEFT ELEVATION B UNIT- RIGHT ELEVATION C UNIT - IEFT ELEVATION C UNIT - RIGHT ELEVATION BAYSI DE tiiap ll-4 Ll,i'}l (iPt1P1'ntlntl HfliY1P R111ltIPi'c. L.L.C ? <. : 2 ?. _ ", t x , ? D , -A?l L?p ? i .?. r. ?? CIR? S . ? f----R481 1 IV.' { ?. ? i lVFJ( tU J(;ttdGl ---T 'oning witlr Conditfons?Proffeis, Open Spate Promotion Zoning Change from R-40 to FD-H2 (A-12) ZONING HISTORY REQUEST ACTION # DATE 1 04/09/1996 Conditional Use Permit Reli ious Facilit A roved 4T" GENERATION HOME BUILDERS, L.L.C. ?.? Agenda Item 15 ? Page 13 ? APRUCAfrt'T" DISGLOSURE If the applicank is a oorp+aration, partnersho, fkm, businesa, or other unirwporated organization, aompdeW th? foItqwfng: 1. List t#te appl`romt rwnie fo(1ymed Eay the nanes of aJI offieers, rretai6ers, ttusWes,. parhners, etc, below, (Affactr Ast iinwessarY) J*m E0111uieri, Pte " ; MkAM V. Oliwieri,Mca PreakleM Ridwd E. Dhvleri Sr., a tY Z LW ald bminesses ihat haua a pacernk subsidiaury' or affiIiaMed busir?esa entP? relatio+nship with tte applican#: (Attaeh last Ynmcessen,?) Associated CaumiDornwg Managerna± Carp. - effilisted txrifding and dweIoprrweM compaW , Chedk here 9 the apipikarrt is N't3T im corporaCiorr, Partnership, firFn, business€ or o#her unintorporated orgartrzation. PRC9REFtTY" OWN`ER E'#1SC1.OSL1RE Gbrnp?e th r"s sectrian onty i?pmpe* awmer is dftrm t ?m apACcanl. If tha prapetty crwmer is a corporadon, partrnership, firm, busine", pr orkher vnirrc+arporrafied organizatian, complete Rt'o f4flowiroS; 1, LW the prVetty twner narne#oIk+ared by the names of aII a#boers. rrwmEers, lruatws, parttlers, a1e_ below: (Affoob W ff nemse?',t 2> l.ist afl businesaes that have aparent-a'iary' or af?'iiate+d bttsiness erativ reWionship with tla,e applicank, (Ab=Pub fisf if mcessery) ?Check heere if the p tlyomer is ND'r a oorpdr .„ Rartnership, firm, busiress,, €ar other un'rncorpcarat-ed otganizatien, 8` 3ee mct pega for tocatncm ! Deres an offic"ra1 of layee cif the Cit}+ o# 1l"wgirtia Beac#h Fare an interesi in the ? sub]eci land? Yes hlo JK Mf jes, wf`aat (s ths raarre of the oftial or emptoyee arrd ft nature of bheir irtenast't ? .. .. ? DISCLOSURE STATEMENT ADaMaNAL DrScLOSuRES Lis3 alI kraown contractars ar businesses that have orv4ll provide services with respect to the requested proper#y u?, including but nat Ilrrtftett to the pcovidec$ at archltactuta1 senrkes, rea:l esiaie setvices, financial servvtic??, atccaunfing services? ?nd fegal serviaces; (Attach tist if neoessary) K;xbm GvWx Er4noaraq - Bota rtistam - 600 Ccmmi tdva, Wra t I I Mrohis e6ech, VA 22464 &jkes, BoLrrfan..ryhimr,t A 1tqy, PC, R. eicsworCi ekcruwon, mi iftd%+errlenca 9tad.. W F}oar,'JtfpiNe Beach, VA 23462 Remauet 8a}nos AssMWrles, CLC - Tom Retnauar, 432 :8W181161d BIMd &CVIh. SLile 191, Chsugpeake, 4'A. 23322 tscCallum Testlrrg l.aboraktrries, Inc., Chrie Eacs, 11508 Hayward Aavenue, Chesai#?ake, VA 23320 *ui)icwoHh, FG..1aN, $vmain, iaad=, arrd . F-C - fttwd Guy, +4525 8auth Qlv6.. Wla'3CiCrViv#r=ia Snarxt h7A 23452 ,.Parent,subsldlary, relationshap' means `a r tlmship th, at exists avtsen rxna corporation dIredly ,ow indirectly oawnas stares possessing ffbore ftn 50 percert of the!rnling pdwer of another parporation." See Stat;o and Ltacal Gownrrtent Conlf"ad nf Irrterests .llc#, Va. Code § 2.2-3109, 2 "AffNiated busJness entity rslaiionsNp" means "a relaiionship, atner ftn parent- subsici'rary relat4vnship, thart eAsis when (i) one! busimss entity hes acontrollkv ovirmrship MtBrogt in tM omp buti11ess aft (ii) ?6&*d4ing cnwmer in one entlty is also a controIing rn,mer in the other ento, or SW ttiews is shared monag rd or aonkroi betwftn the business entities. Factors that shoufd bft cansidered 4n CtetemmirV the existenCe of an afflliated buslness enfity relatianship include 0hat the sarne persvn or substanUally the sapm person otan or mansge the two entilies; kheret asre common or comming4ed Funda or as$ts; the business antities share the use of the aanrs Wiaes or empfdyees or othervAse share a.._ s cesources or persva9ne1 an a negular bowr vr Chere as otherwise a close warkie?g relationship between the enlities." Sea 5tate and Local Gawernment Canflict af Intsrests Act, Va, Cvde ? 2.2-31 01. CER"}IFICATIOM; I oartifiy ttkm the intcstrrraW c*nlaiirtecf harein is true sW acCuraGa. E' uncleratar?d 11tat. upon eeceio of notifkAi#ion (Psrsteafd) thoR the applicaRion hea be,era schodulad Fm public hearsng. I am resporwstble fcar vbt??g wwd posting the required sipn on the sut?e+ck propeety at lesat 30 day+s prior td the sctretiuled public g awvrdirl to ihe, inetruetims in this perckage T? wridersigned oIso csaments to entry wpon 1tte subjecti ProPerty b?' ernP?" of the Depa d' Phanning tn p"n9rqph :Pr!d V1ew Ot siEg kr purp"$6, of pttaowtiing and mtalucthng ihi& 9pplkaWn. a ?. John E. Olivieri, Fresident Ap?licertt`s gnature Pr#ng ?3ne- Caroline Zlizabeth MY , , P'rcpe own r's Sigrsat (afdY k ktaa r? ?i? rit} Print ?lams ?-fa, f?` S?rats ?1 4? ? ?•?., ?-k'?,.?..--?' F. Bar)wr DISCLOSURE STATEMENT Item #15 4'h Generation Home Builders, L.L.C. Change of Zoning 5001 Shell Road District 4 Bayside November 12, 2014 REGULAR An application of 4t" Generation Home Builders, L.L.C. for a Change of Zoning from R-40 Residential District to Conditional PD-H2 (A-12) Planned Unit Development District with an underlying zoning of A- 12 Apartment District on property located at 5001 Shell Road, District 4, Bayside. GPIN: 14790388500000 PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential condominium containing no more than twenty-one (21) units, no less than fifteen percent (15%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibits titled "REZONING EXHIBIT OF SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", dated 06/26/14 and "LANDSCAPING SHEET OF SHELL COVE CONDOMINIUM For 4th Generation Home Builders, LLC", dated 6/30/14, prepared by Kellam-Gerwitz (the "Concept Plan") copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated "REZONING EXHIBIT FOR SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", prepared by Retnauer Baynes Associates, LLC (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures will contain a minimum of 1700 square feet of living area (excluding garage) and a one or two car garage. The exterior building materials to be utilized as depicted on the Elevations will be fiber cement siding with brick veneer accents and thirty (30) year architectural shingles. PROFFER 4: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 5: Item #15 4th Generation Home Builders, L.L.C. Page 2 The dimensional requirements applicable to Shell Cove Condominiums shalf be as follows: Minimum setback for an enclosed building from Shell Road 25 feet Minimum setback for a covered, unenclosed porch from Shell Road 17 feet Minimum rear yard and side yard setbacks from adjacent property 18 feet Minimum distance from front of dwelling to front of curb 20 feet Minimum distance from side of dwelling to front of curb 12 feet Minimum distance between residentiai building side to side 10 feet Maximum building height 35 feet Maximum fence height for interior unit/yard vinyl clad, picket style fences (no greater than 50% opaque) for all units 4 feet Fences in side yards between residential buildings must be setback from the front fa4ade of the enclosed residential structure (i.e. excludes covered porch and front of garage) a minimum of 10 feet PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are open spaces which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 7: When the Property is developed, any building fagade (i.e. front or side) facing Shell Road, Shell Cove Lane, Oyster Shell Lane or the shared driveway from Shell Cove Lane shall have one hundred percent (100%) foundation landscaping, with the exception of garage doors and front porch access steps. The exterior of all fencing which does not abut a Category I Landscape Buffer or does not internally separate fenced rear yards between units shall include a landscaped planting bed with ornamental grasses and/or shrubs running the entire length of said fencing, except where there is an operable access gate. 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. A motion was made by Commissioner Ripley and seconded by Commission Inman to approve item 15. AYE 8 NAY 3 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON NAY HORSLEY AYE I N MAN AYE OLIVER AYE Item #15 4th Generation Home Builders, L.L.C. Page 3 REDMOND AYE RIPLEY AYE RUCINSKI NAY RUS50 NAY THORNTON AYE WEINER AYE By a vote of 8-3, the Commission approved item 15. Eddie Bourdon appeared before the Commission on behalf of the applicant. Roy Scott appeared in support. Danny Martin, Lewis Winston, Paul Calhoun, Robert Brown, Susan Erickson, Barbara J. Mastice and Mike Mastice appeared in opposition. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE Marchelle Coleman: By a recorded vote of 11-0, you have approved item 14. Dave Redmond: Thank you very much. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9183 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: December 18, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; 4th Generation Home Builders, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 6, 2015. I have reviewed the subject proffer agreement, dated July 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 4th GENERATION HOME BUILDERS, L.L.C., a Virginia limited liability company SARAH F. BARKER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this ist day of July, 2014, by and between 4tn GENERATION HOME BUILDERS, L.L.C., a Virginia limited liability company, party of the first part, Grantor; SARAH F. BARKER, 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: PREPARED BY: 018 SY"K?ES, BO{JPDON, ffil AIILItN & LEIN, P.C. WHEREAS, the party of the second part is the owner of that certain parcel of property containing approximately 2.97 acres located in the Bayside District of the City of Virginia Beach, Virginia, which is described in Exhibit "A" attached hereto and incorporated herein by this reference which is hereinafter referred to as the "Property"; and WHEREAS, the party of first part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-4o Residential District to Conditional PDH-2 District with an underlying A-12 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 Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit GPIN: 1479-03-8850-0000 Prepared By: R. Edward Bourdon, Jr., Esquire VSB #22i6o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District and the A-12 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 conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantors, their 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 uid ?ro 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Property is developed, it shall be as a residential condominium containing no more than nineteen (19) units, no less than fifteen percent (15%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibits titled "REZONING EXHIBIT OF SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", dated 07/01/14 and "LANDSCAPING SHEET OF SHELL COVE CONDOMINIUM For 4th Generation Home Builders, LLC", dated 7/01/14, prepared by Kellam-Gerwitz (the "Concept Plan") copies of PREPARED BY: 0.10 SYKE5, PoURDON, which have been exhibited to the Virginia Beach City Council and are on file with the ?? ?????? & LLYY' IT. Virginia Beach Department of Planning. 2 2. When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated "REZONING EXHIBIT FOR SHELL COVE CONDOMINIUM FOR 4th Generation Home Builders, LLC", prepared by Retnauer Baynes Associates, LLC (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When the Properry is developed, the residential structures will contain a minimum of 1700 square feet of living area (excluding garage) and a one or two car garage. The exterior building materials to be utilized as depicted on the Elevations will be fiber cement siding with brick veneer accents and thirty (30) year architectural shingles. 4. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. 5. The dimensional requirements applicable to Shell Cove Condominiums shall be as follows: ? Minimum setback for an enclosed building from Shell Road 25 feet • Minimum setback for a covered, unenclosed porch from Shell Road 17 feet • Minimum rear yard and side yard setbacks from adjacent property 18 feet • Minimum distance from front of dwelling to front of curb 20 feet • Minimum distance from side of dwelling to front of curb on interior street 12 feet • Minimum distance between residential buildings side to side io feet PREPAFiED BY: 010 SYkES. ?OURDON. OR AII£IIN & UNT K. • Maximum building height 35 feet ? Maximum fence height for interior unit/yard vinyl clad, picket style fences (no greater than 50% opaque) for all units 4 feet 3 • Fences in side yards between residential buildings must be setback from the front faqade of the enclosed residential structure (i.e. excludes covered porch and front of garage) a minimum of io feet PREPARED BY: 611: SYkES,B0URDON, ?il AIIERN & LEVI'. P.C. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are open spaces which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 7. When the Property is developed, any building faqade (i.e. front or side) facing Shell Road, Shell Cove Lane, Oyster Shell Lane or the shared driveway from Shell Cove Lane shall have one hundred percent (ioo%) foundation landscaping, with the exception of garage doors and front porch access steps. The exterior of all fencing which does not abut a Category I Landscape Buffer or does not internally separate fenced rear yards between units shall include a landscaped planting bed with ornamental grasses and/or shrubs running the entire length of said fencing, except where there is an operable access gate. 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 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 4 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 Grantors further 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 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 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: 61M SYk'LS. ?????ON, gil f???ERIi' & L M IT. 5 WITNESS the following signature and seal: Grantor: 4th Generation Home Builders, LLC, a Virginia limited liability company n. ? '(,! ` (SEAL) sy: Joh E. 'Olivieri, President PFiEPARED BY: ?7.: SYK£S, ROIJPDON, ffdl f1IIEk;V & LW1'. IT. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this lst day of July, 2014, by John E. Olivieri, President of 4tn Generation Home Builders, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 6 WITNESS the following signature and seal: Grantor: ? ??v(SEAL) ` Caroline E' abeth Corney, Att n-in-Fact for Sarah F. Barker STATE OF VIRGINIA CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this c?7?1 day of July, 2014, by Caroline Elizabeth Corney, Attorney-in-Fact for Sarah F. Barker, Grantor. ?'`?Si:?,?? ???? = ?.?. ? ? l},y.?x? ? Notary Public My Commission Expires: 3?? Notary Registration Number: :1 (o 0 22 _ E_?7 ?i?sr?r-aOTARY PUBL?ALTH OF ON EXp?qES MISSIpN N 7g0PREPARED BY: i JYUS. tb'???DON. ffil AIMIN & L£NrY, K. 7 WITNESS the following signature and seal: PERRY W. SHIFFLE7T JR. NarARY Pueuc coMMONWEnLnHoF Moxrw MY GOMMI3$IOPI EXPIRE8 8EPT.90. 2018 COMMISSION #7001100 Grantor: ?f c?c.e.-.-s (SEAL) Zay Frances Hall, Attorney-in-Fact for Sarah F. Barker STATE OF VIRGINIA 1? CITY/COUNTY OF l?lt"Af1Co , to-wit: The foregoing instrument was acknowledged before me this ori day of July, 2014, by Kay Frances Hall, Attorney-in-Fact for Sarah F. Barker, Grantor. tlw ?) - ? ` Iv_ Notary P lic PREPARED BY: 010 ?Ykl[S. BOU??ON, gil Al1ERN & Wr1', P.C. My Commission Expires: ?" _?o ; 2o?? Notary Registration Number: 71(D `i 8 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, containing approximately 2.97 acres, lying, being and situate in the Bayside Borough, Virginia Beach, Virginia, designated as Plat of Johnson U. Barden Estate of that certain plat entitled "PART OF PLAT OF JOHNSON U. BARDEN ESTATE" said plat being dated October 23, 1976 and made by Wilfred P. Large, C.L.S., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1613, at Page 55g• GPIN: 1479-03-8850-0000 H:\AM\Conditional Rezoning\4TH Generation Home Builders\ProfferAgreement.doc PFEPARED BY: b5fl SYLqS, BOiJRDON, AWAI1Ed2N & LLVl'. I).C. 8 Item #15 4th Generation Home Builders, L.L.C. Change of Zoning 5001 Shell Road District 4 Bayside November 12, 2014 REGULAR Dave Redmond: Mr. Thornton, will you please call the next item. Bob Thornton: The next item is item 15. This is an application by 4th Generation Home Builders, L.L.C. and property owner Sarah Barker. It is a request for a Change of Zoning from R-40 Residential to Conditional PD-H2 and an A-12 Planned Unit Development with an underlying zoning of A-12 Apartment District. It is located at 5001 Shell Road, consisting of 2.964 acres in the Bayside District of Virginia Beach. Dave Redmond: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Members of the Commission, I promise this will be the last time you will listen to me this month. It is my pleasure representing Mr. Olivieri, 4`h Generation Home Builders, L.L.C. on this application for Conditional Rezoning with a very detailed plan and a tightly proffered one as well. I want, again to give props to Kristine Gay. I thought she did a very thorough job and she spent a tremendous amount of time working directly with my client and with his engineer on these plans. I didn't get in the way of their work and they came up with, I think, a very beautiful transitional plan for this property. I've done a number of these in the last few years, and I think this is probably the nicest one in terms of the level of detail and amount of open space that is depicted. Mr. Olivieri has also spoken with and met with all of his adjourning neighbors, including the two homeowners to the south. The owners of the homes here have been very supportive. As I understand it, the gentleman on this piece of property has basically stay neutral. I do not believe that either of these gentlemen owners have any objection to this or want to see Shelton Road improved and put through here. As you've seen in the composite map that we had up there a moment ago, the property is certainly in a transitional location when you have a self-storage facility and all of this B-2 zoning directly adjacent on the east side. You have B-2 zoned property across the street with some commercial development as well as residential. And then you have both apartments and condominiums in the A-12 and A-18 districts across the street on Shell Road. And we have Bayside Presbyterian Church located adjacent on the west side. With that density, and with these almost semi-industrial, but competing uses, we felt like this was a perfect location for a transitional product like this. It is a condominium, 21 single-family units and is well landscaped. It will be maintained uniformly with the 20 plus percent open space. If this winds up getting bigger, we have to find and create more open space. The one issue that you all talked about in the informal this morning, and I appreciate the fact that this was on your consent agenda, was the parking. There are 21 proposed single-family units, each of which has at least three, and in some cases four, parking spaces plus 9 guest parking spaces. That is a total of roughly 75 parking spaces, and I think it is actually a couple more than that with the four parking spaces per unit. That is a lot of parking spaces. Frankly, it is more per unit than exists in a number of other developments that you were speaking of, and certainly the opportunity would exist if it became a problem and there was a need for additional parking. The Condo Association could potentially come back and propose, more Item #15 4`h Generation Home Builders, L.L.C. Page 2 spaces along here by using some impermeable pavers, with grass growing up through them. Really I don't believe that is going to be an issue here. I appreciate the concern there but this is a well parked application. Having the landscaping adjacent, all foundations exposed either front or side is again, a first, and it is an excellent one. The wrap-around porches are very attractive on Shell Road. The trail all the way long Shell Road will hopefully create some additional connectivity. And, again, I've done a lot of great things with this project. The landscape buffer which is required to the adjacent self-storage and adjacent residential, as it is currently zoned, will be beefed up as a part of this development. We standby to answer any questions. Mr. Olivieri will be very happy if you have any questions about the quality of architectural elevations. I think it is pretty evident. I will cease and assist. I'll be happy to answer any questions you all may have. I appreciate the opportunity to rebut. Dave Redmond: Thank you Mr. Bourdon: Are there any questions for Mr. Bourdon? Alright. Bob Thornton: We have one speaker in addition to Mr. Bourdon in support, a Mr. Roy Scott. Dave Redmond: No Mr. Scott. Bob Thornton: We have several in opposition. The first I call is Mr. Mike Mastice. Mike Mastice: Good afternoon Mr. Chair, staff and Commission. I am the President of Lakeview Park Civic League. Dave Redmond: Sir, would you state your name for the record please? Mike Mastice: My name is Mike Mastice, my apologies. Dave Redmond: Thank you. Mike Mastice: I'm the President of Lakeview Civic League and I am speaking in regards to the proposed zoning of 5001 Shell Road, located in Lakeview Park. It is stated in the evaluation and recommendation that the PD-H2 Planned Unit District Development District typically requires a lot size of five acres. This site is deficient of that requirement by 2.038 acres. Planning staff is generally not supportive of dwellings located any closer to each other than 12 feet. But the proposed design is only allowing for 10 feet. Shelton Road is currently a dead end has potential access to the new subdivision, presenting unwanted access. This addition would not enhance the existing neighborhood, as it would add more traffic within residential streets. Noting that traffic speed was so bad, we moved to an additional $200.00 fine a few years ago. We would not be opposed to the builder subdividing the site into three separate R-40 properties and developing it to be consistent with neighborhood units in its current location. It has also been brought to my attention that the rezoning request posted on the property has not been fully visible during its posted period. Most of the residents moved or started living in Lakeview Park to have some property, and have diligently fought to protect their little bit of country in the city for many decades. To my knowledge, no one selling, buying, or making decisions on this property lives in the neighborhood of Lakeview Park. No one has attempted to contact the civic league of Lakeview Park to discuss the intentions of the property during the planning phase. As President of Lakeview Park Civic League, I represent the voice of Lakeview Park residents. After extensive communication with the residents in our neighborhood about the 5001 Shell Road property, I have found an unanimous Item #15 4`h Generation Home Builders, L.L.C. Page 3 consensus to request a denial for rezoning from R-40 to PD-H2 A-12 apartments. I am providing you with a petition with over 150 names, which is a vast majority of the residents against the rezoning, including a resident from the adjacent southeast property on Shelton Road. There is no one on Shelton Road or anybody in the neighborhood that approves this. A decision to allow the rezoning sends a message cementing the fact that the voice and desires of the entire neighborhood where this property falls within would be unheard, essentially telling the residents within the neighborhood that the city does not care what the entire neighborhood says, but is on the side of a builder who will prosper in 7 digit figures. The rezoning would open the door for any builder to purchased properties at will within our neighborhood and rezone, especially along Shell Road where it would be like eating an elephant starting at the tail, and all of a sudden ravaging like a pack of wolves in the near future. Lakeview Park residents are very concerned about this particular rezoning since is it our backyard. Today we have a number of residents, including a builder, that have built in Lakeview Park, and would like to hear a favorable decision for our neighborhood. I will leave you with this. Ask yourself, if a builder came to your neighborhood, and bought up a piece of property, and wanted to rezone it to A-12, how would your neighborhood react as a whole? Thank you. Dave Redmond: Thank you Mr. Mastice. Are there any questions for Mr. Mastice? Did I get that right? Mr. Mastice? Mike Mastice: Mastice. Yes sir. Dave Redmond: Okay. Thank you. Are there any questions? Bob Thornton: Can you show us where your house is relative to that R-40 being the subject property? Mike Mastice: It is on Cullen Road. The corner of Cullen and Madeira. It is not on that layout right there. Bob Thornton: Okay. Thank you. Dave Redmond: Okay. Thank you sir. Mr. Thornton. Bob Thornton: The next person to speak is Barbara Mastice. Are you all speaking as one voice Ms. Mastice? Mike Mastice: I spoke for the neighborhood as the voice of the neighborhood. They are speaking as individuals. Bob Thornton: Okay. Dave Redmond: Thank you. Barbara Mastice: Good afternoon. My name is Barbara J. Mastice and I live in Lakeview Park neighborhood. I just want to take a moment of your time to tell you about our neighborhood. We like to think of it as one of the best kept secrets in Virginia Beach. Where else can you find a home on an acre of property that is 5 miles from the interstate, airport, medical facilities, and shopping? That is how Item #15 4th Generation Home Builders, L.L.C. Page 4 this neighborhood was developed. This community was zoned R-40 over 60 years ago, and we want to keep it that way. Children that grew up in this neighborhood are returning to their parent's home to raise their families. They have a large yard to play in, and the streets are relatively calm, especially after the residents got a petition to raise fines for speeding. We have a neighborhood that we are proud of, and when someone needs help we are there for them. When collecting the names for the petition against the rezoning, everyone was adamant that they didn't want it developed as proposed. I would also like to make it clear that two other neighborhoods, Lakeview Shores and Bradford Park, wanted to object as well. All of these neighbors were upset because they weren't aware of any proposed changes. I have been assured that residents of Lakeview Shores would have supplied us with more names if the time frame allowed. The residents bought their homes in the neighborhood because of the R-40 zoning, and felt worry free of any new development popping up in our community. No one had any objections to subdividing the property for three homes, keeping with the 40,000 square foot R-40 zoning because that is the way we live. We have residents from the apartment that signed the petition against it because they like our neighborhood. They said they only live in these apartments because they have too but if they had a choice and had the money they would live in our neighborhood. It is quiet. It is peaceful. We do not have a lot of criminal activities or anything going on. And, the other thing that we don't want to see that is we don't want to see an established precedent for the rezoning for everything on Shell Road. We want to have trust in our City officials that they are listening to us. Let us keep our neighborhood exactly how it was established and that we are proud of. Just this morning, and I'll try to be real quick, I got another thing from the Lakeview Shores with 16 more signatures from people that live in that area that don't want this. All that I can tell you is if you can't deny the rezoning, at least give us a deferral so that we can come back and give you all the signatures that you need for you to know that is not wanted in our neighborhood. Dave Redmond: Thank you Mrs. Mastice. Don't go! Are there any questions for Mrs. Mastice? Okay. Thank you very much. Sorry. Mr. Thornton. Bob Thornton: The next speaker is Susan Erickson. Susan Erickson: Thank you. Dave Redmond: You're welcome. Susan Erickson: My name is Susan Erickson, and I live at 5145 Shell Road, and I appreciate the opportunity to speak today. As a Lakeview Park resident, I am opposed to A-12 rezoning of this property because it would change the nature of our neighborhood. As the newsletter Editor for the Lakeview Park Civic League, I manage the email account for disseminating information to the civic league. On November 7th, I sent an email on behalf of Vice President, Paul Calhoun, requesting neighbors to respond regarding whether they were in favor or opposed to the rezoning request. Not one person responded in favor. There were 24 responses of the 26 that received the email, and they were all opposed to the rezoning. As a resident, I am particularly concerned about the rezoning as it opens the door for other properties in the neighborhood to be rezoned in a similar fashion. Two undeveloped lots are next to my own property, and I am concerned that they will be opened up for development, other than the residential use that is consistent with the rest of the Lakeview Park neighborhood. One of the emails that we received from another resident opposed to the rezoning, was addressed to the Planning Commission, so I would like to read that to you if I may? This is from Kevin S. Peek of 5004 Errington Item #15 4`h Generation Home Builders, L.L.C. Page 5 Drive, and he writes "To the members of the Virginia Beach Planning Commission, I have lived in Lakeview Park for over 35 years. I have invested hundreds of thousands of dollars in my home and my property, and am proud of our neighborhood, its' beauty, and its character. Throughout the entire 35 years, our R-40 zoning has survived many assaults. The neighborhood has consistently voiced almost unanimously and wavering support of the zoning that has been on record from the original plat. We have vocally opposed attempts to bust the R-1/R-4 zoning. Our neighborhood is unique. Our zoning is valuable. I urge the members of the Virginia Beach Planning Commission to oppose the rezoning of the property located at 5001 Shell Road, preserve the R-40 zoning for that property, and preserve Lakeview Park's unique character. Please do not set a dangerous precedent by approving this unworthy application for a variance. If it were possible for me to appear in person and speak in opposition to the zoning request, I would. I regret that I am traveling and unable to attend the Planning Commission hearing. Thank you for your consideration of my views". Respectfully, Kevin S. Peek. Dave Redmond: Thank you ma'am. Are there any questions for Ms. Erickson? No. Okay. Thank you. Have a good day. Bob Thornton: The next speaker is Robert, and I can't read your last name. It starts with an "R", and it kind of just runs on, and it ends with a"D", I think. Is Robert here? Is there anybody with such a name? Okay. Does that look like Robert to you? Donald Horsley: Robert L. somebody. Bob Thornton: Robert L. somebody. 1456? Robert Brown: 1456 Maharis. Bob Thornton: Yeah, that is it. Robert Brown: I really don't care to speak. I am in awe that my community is standing up for our rights here. There is a point here. Dave Redmond: Sir, excuse me, if you're going to speak, you need to come up here. Robert Brown: I didn't plan to speak but I will. Dave Redmond: How did we get your card? Robert Brown: They asked at the counter whether or not you wanted to speak and I said no, but, again. Gentleman, ladies, my name is Robert Brown. I have lived in my residence on 1456 Maharis Road for 14 years, and as I said, I didn't want to speak here. Shell Road is all the apartments on the north side of this road. On the south side of the road where Lakeview Shores Park there is residential. So, I think the big thing here is if you want to keep it, keep it on their side of the road. Don't bring it into our neighborhood. That is pretty much all I have to say. Dave Redmond: Okay. Are there any questions for Mr. Brown? Thank you for indulging us. Item #15 4`h Generation Home Builders, L.L.C. Page 6 Bob Thornton: The next speaker is Mr. Paul Calhoun. Paul Calhoun: Good afternoon. Thank you for your time and listening to what we have to say. I know this takes a lot of time out or your busy day, and we appreciate you all looking after our City like this. In regards to the property. Dave Redmond: Sir? Paul Calhoun: Oh I'm sorry, my name is Paul Calhoun. I am the Vice President of the Lakeview Park Civic League. Dave Redmond: Thank you. Paul Calhoun: I think mast of these other people stole my thunder. First thing, I saw the variance signs and I travel down Shell Road four times out of the week, and I saw the variance signs maybe about two weeks ago. Then we had that bad weather. We had that nor' easter come through on the weekend and blew the signs down. I actually contacted the Planning Department and told them the signs were down and that they need to be put up so the residents could see what was going on. So, we didn't have much time to get the word out that this was going on. But despite that, with short notice and the response, we have petitioned together. We contacted everyone by email, and we have well over a 100 residents, in not only our neighborhood, but in the Lake Point Condominiums, which is north of the subject property. They said they didn't want they area zoned with the potential of this high density. And, of course, just about all the residents in Lakeview Park and the people in Lakeview Shores, the surrounding neighborhood. I didn't get a chance to talk to the Northwest Beach Partnership. We will probably talk to them tomorrow about it. Going through some of the past Comprehensive Plans that the Planning Department has so intelligently put together, they sited Lakeview Park as an established neighborhood whose unique quality should be protected, and it is one of the last neighborhoods of its kind. These are R-40 lots. Nice size lots. People buy these lots because they love living here. Don't I get 10 minutes since I am the vice president? Dave Redmond: Three minutes Paul Calhoun: Ugh! Okay. Well, then this seems like it sets a precedence where we are taking 21 units that are designed for maybe 5 acres of land, and were compressing it and dumping it into three acres. And that is a big concern of mine. We would like for it to stay as R-40, three lots. Thank you for your time. Dave Redmond: Thank you. Are there any questions for Mr. Calhoun? David Weiner: I have a question. Dave Redmond: Mr. Weiner. David Weiner: Do you live anywhere close to where the proposed building is? Paul Calhoun: I live on the next street over, Maharis Road. Unfortunately this map is so compacted it only shows the surrounding properties. And I would challenge you all to go to the Virginia Beach site, go Item #15 4th Generation Home Builders, L.L.C. Page 7 Google maps, go to the City map site, expand out your views, zoom it out about two or three times and take a look and you will see what a beautiful neighborhood it is south of that area, and the other residential parcels around that. You will get a better picture than what is being depicted here. Right now you are just seeing what's on the perimeter, but I challenge you all to do that. I think you will get a better concept. Mine is two streets over on Maharis. David Weiner: Okay. Paul Calhoun: Thank you for your time. Dave Redmond: Okay. Thank you. Mr. Thornton, the next speaker. Bob Thornton: Lewis Winston. Lewis Winston: Good afternoon. My name is Lewis Winston. I own the property at 5004 Cullen Road. Members of the Commission, I am a past president and vice president of the Lakeview Park Civic League. You can see a common theme. The people that have signed the petition are the people participating today. We have an interest in our neighborhood. This proposal is not within the description of the suburban area focus as described in the Comprehensive Plan. The proffers in this case only serve to provide an illusion of creating space where none exists on this property. The size of the property, as stated by the Planner, is not sized to support this development. The short fall in size of two acres, as stated. While the applicant has offered proffers to mitigate, they are only an illusion and do not appear to provide the public benefit as alluded to in the plan. A closer read of the entire request reveals a number of inconsistencies in the following areas. The Comprehensive Plan, as it related to the suburban areas, net effect on transportation infrastructure and stormwater management as it relates to current capacity within the neighborhood. Current stormwater capacity has proved to be inadequate in action and the neighborhood has voiced the need for improvements over many years. In my view, the appropriate course of action is to seek a less dense development that would allow for a subdivision of three lots in consistent with the R-40 standard that exists within the neighborhood. I would add that this property is not a transitional neighborhood. It is actually part of the Lakeview Park property, so as Mr. Calhoun pointed out, if you should look at the map, I would encourage you to do that. The property on the other side of the road, is not considered Lakeview Park, nor is the storage unit area. That is in a separate neighborhood. So, it doesn't appear there is any description of transition area within suburban areas. I request that the commission deny this request for rezoning to PD-H2 A-12. Given the neighborhood trend of development within the R-40 standard it is inconsistent to change that course by approving this action. I will note that properties along Shell Road have been development in concert with the R-40 standard, as of other properties that have currently been developed or redeveloped. We encourage you to support that continued action in the neighborhood as opposed to diced up the development specifically within the Lakeview Park neighborhood. Mr. Russo, I was proud to hear you say that in a previous action here today that you wanted to be consistent with the Comprehensive Plan and provide a common sense approach. I hope the Commission does that today on this property. I encourage you to deny this request and look for a further and more likely solution that supports the Lakeview Park neighborhood. Dave Redmond: Thank you. Are there any questions? And you kept it right in that time frame too. Alright. Thank you sir. Item #15 4th Generation Home Builders, L.L.C. Page 8 Bob Thornton: Our last speaker signed up to speak in opposition is Danny Martin. Danny Martin: My name is Danny Martin. I've lived in Lakeview Park since 1955. If you want to know where I was raised, if I can get this button to work I will show you where I was raised. I was raised right here and now I live right here. We've had the same situation happening all my life since I've been there. They wanted to cut a road right between Cullen and Maharis Road and make the lot smaller. That is what they were trying to do. And every few years they come and try to do that stuff. And we fight them every year. If you all allow for this A-12, you will all eventually walk right on down the street and allow it all the way down. Go past the church and you allow some more, and some more. How these apartments got down here is beyond my brain, because back when I was in the service Dragas got me to build these apartments across the street. So, I didn't have a voice in that, but the rest of the stuff we fight every year. I don't know why you have a question. I don't know why you even stop. Right now, would be a good time to say, "you don't need to talk anymore". You have a 166 signatures and it is only 200 houses out there. Give us some time, and we will get all 200. So, that is all that I have to say. I am hoping you guys will understand what is going on. We are not happy. Thank you. Dave Redmond: Hold on. Hold on. Are there any questions for Mr. Martin? Anybody? Okay, thank you Mr. Martin. Bob Thornton: That's the last of the speakers for this item. Dave Redmond: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. I want to thank all of the folks who spent the afternoon with us coming down this afternoon, and we certainly appreciate their passion for their neighborhood. It is a nice neighborhood. I was born and raised here, and I know Mr. Martin very well. He is good folks. The point of this; however, is that this piece of property is not, nor has it ever been a part of the Lakeview Park subdivision or neighborhood. If that were the case, when this neighborhood was subdivided the street would have gone right on up to Shell Road. It doesn't because this was not part of the subdivision, and unlike the other scenarios that the folks spoke about, this is Independence Boulevard. This is all commercial, as you all can see, that doesn't exist on the west side of the church property. This institutional use here, and so this is a unique piece of property that does not fit into any of the modes that were spoken of. Cutting a road through here and attempting to put three houses is actually going to open the neighborhood up to more traffic, which this doesn't do because this is a unique piece of property where it is situated, and by what it is surrounded by. It is a perfect transitional land use from the apartments and the condominiums across the street and the commercial that adjoins it, as well as across the street, to this type of a use. Mr. Olivieri did speak. I want to make sure that you know that he spoken to Mr. Calhoun a couple of weeks ago and offered to come to their board meeting and was told he didn't need to do so. So, that there is no assumption that there was no effort made. The other thing is, and many of you have been on this Commission a long time, I don't remember all of these applications that I'm hearing about regarding people trying to develop properties to the west on Shell Road, which is entirely residential as has been set forth. I wouldn't take any such application and I don't think anybody would either. Maybe somebody did attempt to, but I don't recall any such request. I represented some clients that live on Maharis but that is further down. It is not going to be impacted by this high quality of a development, and in fact, I think that trying to put the road through and develop any number of houses is not going to be as high quality as what we're talking about here. These folks Item #15 4'h Generation Home Builders, L.L.C. Page 9 will not be criminals by any stretch of the imagination. These are not apartments. These are fee simple ownership condominiums, and they are of very high quality. The five acre situation is just something that has been in the ordinance for about 30 somewhat years, and there have been numerous situations like this with infills that are kind of hard to know how best deal with them. We actually think this is, as your staff does, an excellent application but, we certainly want to thank the folks who are here. We are not trying to heed their property appreciations, and we think this is the last thing this application will do. I'll be happy to answer any questions that any of you may want to put forth. Dave Redmond: Are there any questions for Mr. Bourdon? Mr. Weiner. David Weiner: I think you just cleared that up. But to the southwest, that is a church there? Eddie Bourdon: Yes, it is a significant church. David Weiner: The east is the ... Eddie Bourdon: The B-2 Storage facility. David Weiner: Storage facility. Okay. Eddie Bourdon: If this had been part of the Lakeview Park subdivision development, that road would have gone through, and it would be subdivided, and we wouldn't be dealing with that situation at all. It is basically a three acre piece of undeveloped, unsubdivided property that has been there since before we were a city, as it currently exists. Dave Redmond: Mr. Brockwell. Ross Brockwell: Can you elaborate on the proposed shared amenities and enhanced features? Eddie Bourdon: Sure. You have the buffer along the street with the walkway that will be provided and hope to provide connectivity in the future. You have the BMP dry pond, the open space area field and you have the landscape buffer and fencing. The folks across here already have fencing and we have landscaping all along the perimeter. You just have patios on the back of the homes, and then the landscaping buffer that is required to the adjoining property that needs some enhancement that we agreed to provide on their site. It has been discussed but we don't have the agreement signed. And, then all of the substantial amounts of landscaping trees exceeding the requirements have been proffered with this application, and the guest parking we spoke of earlier. There will be no parking on the streets within the condominium. The architectural amenities as far as the buildings are concerned are very high quality. They will be very valuable, and the main thing is maintain uniformly so that you don't have any deterioration over the course of time. The open space exceeds what is required under the PD-H2, and we talked about the porches and the wrap-around porches that have also been proffered just to make it livable. We believe this very high end product for today's market. Again, no one is suggesting that Lakeview Park or Bradford Park or any of these old neighborhoods be converted into something different. If this was a situation where that were likely to be the case, I would agree the scenarios that were said, but it is not in this location because of its uniqueness. Because it is not part of the community, its access is not through that community. I do understand that. If you're north bound Item #15 4th Generation Home Builders, L.L.C. Page 10 on Independence Boulevard, because of the median break, there is some traffic that goes to these apartments and these other Shell Road developments through the neighborhood but that's of the norm. That is one scenario. Every other way you would come down Shell Road from the west you come off of Independence Boulevard. Dave Redmond: Mr. Bourdon, can you hold on a minute. Sir, is there a reason why you are standing? prefer that you sit down. Excuse me can you please sit down. You are being disruptive. This man is speaking now. You had your chance to speak. Mr. Bourdon. Eddie Bourdon: Anyway, the main thing is that it is going to be managed and maintained uniformly at a high quality. That has been the history of these types of developments. They actually enhance and provide a different housing type. And we are certainly not suggesting with all of these other neighborhoods need to be changed in terms of zoning. This location, calls for something other than just R-40 lots and cutting the road through. I don't think it is going to affect the neighborhood any way, shape, manner or form to try to squeeze some houses across from the apartments next to the storage facility. And who knows what will eventually happen directly across the street on the B-2 property over there. Something likely will happen there at some point. It is a unique situation that doesn't exist to the west of the church. Dave Redmond: Thank you Mr. Bourdon. Are there any questions? Ms. Oliver? Dee Oliver: There is no connectivity from their neighborhood into that? Eddie Bourdon: The folks that adjoin us. They have fences. They want to keep fences, and they don't want the road to go through. Dee Oliver: It has always been a dead end street? Eddie Bourdon: Absolutely. Dee Oliver: And it is going to remain. So there is no traffic from this? It is to the open road. Eddie Bourdon: Correct. No traffic is generated into their neighborhood. It is deminimous. If you're coming north on Independence Boulevard because you can't cross over of the median, and if you're coming home here, you either go across the pass over, do a U-turn, come back, and turn right into Shell Road, or as you come up you can turn at the light and you go into the neighborhood, but that movement is from that one direction only and it would apply to all these other hundreds and hundreds of units on Shell Road. The traffic generally will be coming from Shell Road from the west or from the east. There is nothing that will be introduced to the neighborhood other than that one movement, and it is a minimum that already have to do that to get to those apartments and condos that are far more-dense, and that are truly 12 and 18 units and not 7 units as this is proposed. Dave Redmond: Mr. Ripley. Ron Ripley: I thought during your initial presentation you said the two houses to the south don't object? Item #15 4th Generation Home Builders, L.L.C. Page 11 Eddie Bourdon: That was my understanding from talking to Mr. Olivieri. I saw the gentleman here, if we can bring John up. John has talked to them extensively said he had no objection. The gentleman that lives here indicated he was neutral. He wasn't going to get involved. It is certainly possible that since this effort has been mounted that people have changed their minds. Ron Ripley: Okay. Eddie Bourdon: I am not going to misrepresent. I have not spoken to either one of them but Mr. Olivieri is here and you can confer with him just what I told you. He talked to them a couple months ago. He approached all of the adjoining property owners from day one figuring they were the ones that would be most impacted and needed to know. Dave Redmond: Mr. Inman. Mike Inman: Mr. Bourdon, do you know how long the subject property here has been on the market before it was put under contract by Mr. Olivieri? Eddie Bourdon: Let me inquire. I don't know the answer but I think I can find out for you. My client advises me that it was on the market for about ten days or something of that nature. Not long. Dave Redmond: Mr. Thornton. Bob Thornton: In the two houses, are they two parcels behind this project. Are we looking at and I see obviously one large roof. That is one family, one dwelling? Eddie Bourdon: This is the other dwelling. And I think those are out buildings. Bob Thornton: There are only two single-family residences behind that entire project? Eddie Bourdon: Yes sir, that is correct. Bob Thornton: Okay thank you. Eddie Bourdon: That is exactly right. Dave Redmond: Any other questions for Mr. Bourdon? Okay, Thank you. Eddie Bourdon: Thank you all. Dave Redmond: Alright, and with that, we will close the public hearing and open it up for discussion. Is there any discussion? Mr. Inman, did you just raise your hand? Okay. Mr. Ripley. Ron Ripley: Well, we are always concerned when neighbors come down and their neighborhood is something they have become very passionate about. We all do. I totally respect that. I'm trying to think of some other application that has happened in this area too. I've been on the Commission for about 14 years and I can't recall any thing down this Shell Road. I know up on Independence we've had Item #15 4th Generation Home Builders, L.L.C. Page 12 a number of items but I can't recall anything down there other than perhaps the Dragas application, which is significant obviously, and that was approved and developed at 12 units to the acre. When I look at the patterns of land use on this property, and I can understand and see where the developer felt it was probably logical. I can see where the staff has made the recommendation that it seems appropriate as a transitional use because you have mini-storage on one side, condominiums across the street and apartments across the street, and you have the church as well, so, coming into this neighborhood with the single-family type use, as opposed as coming in with a garden apartment, if you will, it made sense. If it wasn't a single-family use, I think we would really have a problem. If it was further on the other side of the church, it would be out of character with patterns and densities that are in here, so I feel for the neighborhood, but I believe that staff has made a correct recommendation here, and I'm going to support the staff. Dave Redmond: is there anybody else? Mr. Inman. Mike Inman: It seems like there is a significant buffer between the neighborhood that these folks come from and this particular property. And, I just can't imagine if the property stays in its current zoning that someone would come along and develop three single-family homes in that spot considering that commercial use on one side, a large church on the other side, and a dense apartment complex across the street. So clearly, I think if we end up with a higher density, one way or the other, and this has been nicely planned. They are proffered the type of structure that is going to go in there so there is no concern about the aesthetics and there has been a lot of work put in, as far the landscaping aspect of it. It looks like a nice product that I don't see an impact on that neighborhood that these folks come from that would be adverse. Dave Redmond: Mr. Russo. Phil Russo: I take the opposite view. After listening to the neighbors, I have to consider their position and because they are obviously the ones that have to live there. In weighing these applications, I always try to look what's best for the City, but when it comes down to it, I think we have to look at what's best for the neighborhood. It is zoned R-40, and I don't see the benefit to the neighborhood. I really don't see the benefit to the overriding community for changing it just for the sake of it being developed. It may not be developed under R-40 but that is what the neighborhood wants, and they have to live with it. I don't really see where this is a good transition. In looking at this, it just doesn't excite me when I see that. It looks like a lot of very dense development, and it does not look transitional. So, I can't support the application. Dave Redmond: Mr. Thornton. Bob Thornton: A couple of thoughts come to my mind. If this were to develop as single-family R-40, it seems to me that the City may very well require that road to be connected because people that live in 40,000 foot lots may not necessarily want to live on Shell Road. So, that road may have to come through and maybe a configuration of four houses in there. I'm not sure how you would lay it out but if you started to do that, the bottom side of that road might have to be cul-de-sac'd for fire protection because it certainly not that way now. And the top piece coming from the north might have to be connected to it so you may get one lot on the right and a couple of houses on the left, so from a practical standpoint, it may be one or two or the houses forced to push out to Shell Road. So, Item #15 4th Generation Home Builders, L.L.C. Page 13 practically, I'm not sure how you develop it as an R-40 piece. My other point is that the developer built something very similar to this on Little Neck Road, probably 10 or 12 years ago, and it's really a very fine project. It is well landscaped and I had a chance to talk with the developer about this project and he assured me that is their standard of quality. It is a very attractive project. I drive by it a couple of times a day and it is well done. It is extremely well landscaped, and it is a nice feature to the neighborhood, and like this, it happens be on a busy road. I think they have done a nice job of putting a nice quality residential project on a busy street that would not typically support single-family houses. Dave Redmond: Ms. Rucinski. Jan Rucinsk: I am just curious. The Association president said that had a petition of whether or not the homes that immediately back up to that whether they participated in the petition. Dave Redmond: Is there anybody else? Okay. I live 30 seconds from this site. I think the house was built when, 1908? So, this is hardly a modern depiction of what might occur in 2014, 2015 and beyond. I, by a large, don't think there are enough large lots in the world, and I live on a R-20 lot myself. People don't live that way these days for the most part. I would think differently if not for a couple of different things. First off, it is buffered by two properties that are fairly large properties, the church to the west. It may be zoned R-40 but it has got large surfaced parking field and the building looks to me about what 10,000 square feet? It is highly developed site with a lot of impervious cover. It is hardly what you would think of when you think of a large lot with open space on it. I've been there any number of times. To the east of it is a large industrial building. To the south, you find the R-40. Again, you're talking about a fence line that exist today, apparently which is to be retained, and beneath it are lots that are the better assuming they all meet the R-40, nearly an acre. To the extent that there is any impact on the other side of that fence, on the other side of the landscaping that is to occur, I couldn't imagine it would be anything but minuscule. I couldn't imagine there is going to be any. Clearly there would be no traffic impact because it doesn't open up to the neighborhood to the south. It opens up onto Shell Road. And I do think that the application incorporates an awful lot of the qualities that characterize these planned unit developments. It is very heavy on landscaping. There are access considerations and amenities that you don't find in a by-right development. You just don't' find them. The materials and architectural elevations are the things that we look for. We like cement siding. We like architectural shingles. We like high quality buildings that are very low maintenance. If this were, as Mr. Ripley a pretty bland multi- family building to be built with siding and a whole bunch of concrete and not a lot in the means of amenities, this would be a very, very easy decision for me. But it is very high quality cluster of homes, which so far as I can tell is fairly isolated from all the other uses around it. There is a fence to the south, an industrial park to the east and a large developed parcel to the west which would be the church. So, despite that I do really like large lots, I like big lots with tall trees and there is a lot of Virginia Beach that is like that, not much of it that is R-40 except to where Mr. Horsley lives, in which case there is a great deal more. I do think this is an application that has taken great care to fit a particular use onto a piece of property that is otherwise set apart in some ways, and so, I'm going to support the application as well. And as I said, I moved to this neck of the woods in late 1964 and lived most of my life, and I've seen a lot of changes, so I take it very seriously. Is there anybody else? I think we are ready for a motion. Ron Ripley: I would like to make a motion that we approve the application. . ? ? n 0 a g c 0 y ? a ? ? ? v ? ? ? ? ? 0 ? 0 ? 0 o; ? ? a? ? 0 ? 0 ? n 0 ? Q ? 0 ? y ? ?I oS ?NU ?yr''' CITY OF VIRGINIA BEACH AGENDA ITEM . . ITEM: AH SANDBRIDGE, LLC (ApplicantlOwner). Application: Modification of Proffers of a Conditional Change of Zoning approved by the City Council on June 11, 2013. Property is located at 2101 Princess Anne Road (GPIN 2414129860). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: January 6, 2015 ¦ Background: On June 11, 2013, City Council approved a Conditional Change of Zoning for this property from AG-1 and AG-2 Agricultural and B-2 Community Business to Conditional B-2 Community Business. The applicant is requesting modification to Proffer 3, which lists 19 land uses (as well as any `hazardous or illegal uses') that, by this proffer, may not be located on the site. The applicant is requesting that the uses `massage parlor' and 'child care center' be deleted from Proffer 3 as being prohibited. ¦ Considerations: The purpose of Proffer 3 from the 2013 rezoning was to prohibit potential businesses that have traditionally been viewed as either being undesirable to most people or having the potential for being a nuisance if not well-managed. Of note, however, is that many of the uses described in the proffer are not specifically listed in the Zoning Ordinance as a principal or conditional use. The most likely reason for this is that the word describing the use is not part of contemporary language. This is true of `tavern,' `betting agency,' `dance hall,' and `game parlor.' Others, while not specifically listed in the Zoning Ordinance, are uses that are considered by the Zoning Ordinance to be `recreational and amusement uses [of an indoor nature].' Although not specifically listed as a permitted or conditional use in the Zoning Ordinance, there are several of the uses in Proffer 3 that are regulated by other parts of the City Code. For example, `dance halls' are regulated by Chapter 4, Article II of the City Code. `Massage parlor' is mentioned in the Zoning Ordinance only as a prohibited accessory use, such as in a home occupation; however, massage is regulated by Chapter 18.5 of the City Code, which refers to it in its contemporary meaning as a form of physical therapy, and thus labels it as `Massage Therapy.' The attached staff report includes additional description and explanation of the applicant's request as well as Staff's evaluation of the request. AH SANDBRIDGE Page 2 of 2 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 proffered: PROFFER 1: The Original Proffers are hereby modified by replacing Section 3 of the Agreement with the following: "3. No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; or hazardous or illegal uses." PROFFER 2: All other covenants, conditions, and restrictions proffered as part of the Original Proffers shall remain unchanged and in full force and effect and are hereby incorporated by reference. [The original proffers are listed on pages 4 and 5 of the attached staff report]. ¦ 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 Departme ' ; City Manager: k -V ooue-Mcxft swWE L?J December 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER: AH SANDBRIDGE, L.L.C. 'mYqwMCamWOrrFMM1n.OywrSMSrl?ernabn STAFF PLANNER: Stephen J. White REQUEST: Modification of the Proffers of the Conditional Chanqe of Zoninq approved by the City Council on June 11, 2013 ADDRESS / DESCRIPTION: 2101 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24141298600000 PRINCESS ANNE 11.2 acres 65-70 d6 DNL (Sub- Area 2) BACKGROUND / DETAILS OF PROPOSAL Backaround On June 11, 2013, City Council approved a Conditional Change of Zoning for this property from AG-1 and AG-2 Agricultural and B-2 Community Business to Conditional B-2 Community Business. The Conditional Rezoning has eight proffers, which are listed at the end of this report. The applicant is requesting modification to Proffer 3, which lists 19 land use categories (as well as any 'hazardous or illegal uses') that, by this proffer, may not be located on the site. Specifically, the applicant requests deletion of the uses 'massage parlor' and 'child care center' as prohibited. The proffer currently reads as follows: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 1 The applicant's purpose in prohibiting these uses is to delete potential businesses that are traditionally viewed as either being undesirable to most people or have the potential for being a nuisance if not well- managed. Many of the uses described in the proffer are not specifically listed in the Zoning Ordinance as a principal or conditional use, most likely because the term that describes it is not in contemporary use. This is true of 'tavern,' 'betting agency,' `dance hall,' and 'game parlor.' Others, while not specifically listed in the Zoning Ordinance, are uses that are considered by the Zoning Ordinance 'recreational and amusement uses [of an indoor nature].' Although not specifically listed as a permitted or conditional use in the Zoning Ordinance, there are several of the uses in Proffer 3 that are regulated by other parts of the City Code. For example, `dance halls' are regulated by Chapter 4, Article II of the City Code. `Massage parlor' is mentioned in the Zoning Ordinance only as a prohibited accessory use, such as in a home occupation; however, massage is regulated by Chapter 18.5 of the City Code, which refers to its contemporary meaning as a form of physical therapy, and thus labels it as 'Massage Therapy.' IMPACT ON CITY SERVICES There will be no impact on City services as a result of deleting 'childcare center' and 'massage parlor' as prohibited uses. EVALUATION AND RECOMMENDATION The request to delete 'childcare center' and 'massage parlor' from the list of uses that may not be allowed on the property is acceptable. As previously noted at the beginning of this report, while 'massage parlor' is included in the list as an undesirable use, its inclusion is based on the `massage parlor' of the past, which was largely unregulated and, dependent on its location and management, would prove to be a nuisance. The City Code now provides regulations for businesses that provide massage, classifying such a business as a`massage establishmenY for the purpose of providing massage therapy. There are now several such businesses in shopping centers throughout the city where massage therapists, certified by the Commonwealth, provide this form of physical therapy. The inclusion of `childcare center' in the list of uses not allowed on the property may be due to a variety of reasons, from noise to the thought of the potential for children to be playing in the parking lots of the shopping center. As with 'massage parlor,' whatever the reason, much of the rationale may be based on childcare centers of the past and the potential problems of such a center in a shopping center with no regulation. Currently, however, a childcare center located in a shopping center must be licensed by the Virginia Department of Social Services (DSS), which also regulates the use. There are childcare centers located in shopping centers throughout the city, as the use is permitted without a conditional use permit in the B-2 Business District. The question of whether a childcare center is suited for a shopping center is dependent on the regulations of DSS. Some shopping centers can meet the criteria established by the regulations and some cannot. For example, if a period of outdoor play is required based on the AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 2 ' regulations, it may not be possible for a shopping center to provide the required type and size space located within the required minimum distance from the physical building. The subject site, however, does have areas where outdoor play could occur. Staff, therefore, finds that permitting a'childcare center' as an allowable use on the site is appropriate. Staff recommends approval of this request with the submitted proffers. The proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. [The "Original Proffers" referenced below are provided on the following page.] PROFFER 1: The Original Proffers are hereby modified by replacing Section 3 of the Agreement with the following: "3. No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; or hazardous or illegal uses." PROFFER 2: All other covenants, conditions, and restrictions proffered as part of the Original Proffers shall remain unchanged and in full force and effect and are hereby incorporated by reference. The City Attorney's Office has reviewed the proffer agreement dated September 29, 2014, and found it to be legally sufficient and in acceptable legal form. "ORIGINAL PROFFERS" (2013) PROFFER 1: The Property shall be developed in substantial conformity with the Site Plan entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), the Landscaping Plan entitled "CONCEPTUAL LANDSCAPING PLAN OF SANDBRIDGE SHOPPING CENTER" dated 8/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Landscaping Plan"), and the renderings entitled "SANDBRIDGE SHOPPING CENTER" dated 3/15/13, prepared by HBA, which have been exhibited to the City Council (the "Renderings"), with copies of the Site Plan, the Landscaping Plan, and the Renderings being on file with the City's Department of Planning and Community Development ("Planning"). PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style, exterior materials, and character of improvements constructed on any outparcel on the Property ("Outparcel") shall be in substantial conformity with the quality, architectural style, exterior materials, and character of improvements constructed on the remainder of the Property as depicted on the Renderings. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building-mounted exterior signs located on the Property shall consist of channel lettering and may be back-lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free-standing sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same "native species" utilized in the landscaping depicted on the Landscaping Plan. PROFFER 6: Grantor will not seek, nor will the Grantee be required to issue a Certificate of Occupancy for any new structure or business upon either of the two (2) "Outparcels" as depicted on the Site Plan for a period of two (2) years from the date the Property is rezoned. PROFFER 7: A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition of the City's issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project 2.195.000 known as Princess Anne Road - Phase VII (the "CIP ProjecY'). In accordance with Section 107 (h) (3) of the CZO and Section 15.2-2298 of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty AH SANDBkIDGE, LO.t.C. - RAgenda Itdm 8 - Page 4 from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City's Comprehensive Plan as the "Transition Area." PROFFER 8: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled "SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. AH SAND E I ? a ? ' ' •'i ?? ? l •;?? ,. t 4 ?, ? ? ?''? ,?? ? ?` ? ; ` ;?? - • . y/; .f? ?': ?', • a . ? . ? . ir • ' ? -z' AERIAL OF SITE LOCATION ?I I I I ,' AH SANDBRIDGE, L.L.C. ' Agenda Item 8 Page 6 , ? ? ? 0 1 1?ag ? 11, 11 qgl 1 1 zv? p ?£ a U ? -. ? §?a . ' - '• ? ? . . ? t? •? ? (?/ [?;/?S.? 1 ¢?? ? ?{ ?? z O Z , ?a d? z ? .?w ? ? O (1 ? z `?? ? Q= Q Q oz . ¢ Z Q . c z If z ? Q o Lu V < ! 'i m Zp U V / (V ? I ? w I ' I SITE PLAN PROFFERED IN 2013 I II AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 7 ?, ? ? . ,; i APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foilowing: 1. List the applicant name foilowed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) AH Sandbridge, LLC; Members: New Armada Hoffler Properties I, LLC & Armada Hoffler, L.P.; Manager: Armada Hoffler Manager, LLC (See Attachment #1 for additional info) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Atfach list if necessary) Numerous Armada/Hoffler entitles and business entities are affilitated wiih the Applicant through its various principals: Daniel A. Hoffler, Louis S. Haddad, Anthony P. Nero and A. Russell Kirk Fl Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this secfion only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Aftach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach Jist if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &` See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No FXI 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 architecturat services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Faggert & Frieden, P.C., Is the only business providing services related to this Application to modify conditions. '"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 recelpt 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 vlew the site for purposes of processing and evaluating this application. ApplicanYs Signature SEE ATTACHED SIGNATURE PAGE Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Condltlons Appllcation DISCLOSURE STATEMENT APPLICATION SIGNATURE PAGE AH SANDBRIDGE, LLC, a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company Its Manager By: Louis S. Haddad, Manager (SEAL) DISCLOSURE STATEMENT Item #S AH Sandbridge, L.L.C. Modification of Proffers 2101 Princess Anne Road District 7 Princess Anne December 10, 2014 CONSENT An application of AH Sandbridge, L.L.C. for a Modification of the Proffers of the Conditional Change of Zoning approved by the City Council on June 11, 2013 on property located at 2101 Princess Anne Road, District 7, Princess Anne. GPIN: 24141298600000. PROFFERS PROFFER 1: The Original Proffers are hereby modified by replacing Section 3 of the Agreement with the following: "3. No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; or hazardous or illegal uses." PROFFER 2: All other covenants, conditions, and restrictions proffered as part of the Original Proffers shall remain unchanged and in full force and effect and are hereby incorporated by reference. The City Attorney's Office has reviewed the proffer agreement dated September 29, 2014, and found it to be legally sufficient and in acceptable legal form. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 8. AYE 9 NAY 0 ABS 1 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND ABS RI PLEY AYE RUCINSKI ABSENT RUSSO AYE Item #8 AH Sandbridge, L.L.C. Page 2 THORNTON AYE WEINER AYE By a vote of 9-0-1, with the abstention so noted, the Commission approved item 8 by consent. Mike Nuckols appeared before the Commission on behalf of the applicant. CITY OF VIRGINIA BEACH 1NTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9181 TO: Mark D. Stiles Z FROM: B. Kay Wilson& DATE: December 18, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; AH Sandbridge, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 6, 2015. I have reviewed the subject proffer agreement, dated September 29, 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: Faggert & Frieden, P.C. 222 Central Park Avenue Suite 1300 Virginia Beach, Virginia 23462 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION OF CONDITIONS AGREEMENT (this "Agreement"), made as of the 29th day of September, 2014, by and between AH SANDBRIDGE, LLC, a Virginia limited liability company (the "Owner", and for indexing purposes, "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City", and for indexing purposes, "Grantee") WITNESSETH: WHEREAS, the Owner is the current owner of that certain property located in the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A(the "Property"), which Property is currently zoned Conditional B-2 and is subject to certain recorded proffers; WHEREAS, on June 11, 2013, the City Council of the City conditionally rezoned the Property subject to certain proffered covenants, conditions and restrictions set forth in that certain Agreement, dated March 8, 2013, between David Beldon Hill, Jr, Luke Harrison Hill II, and Susie Wood Hill (the "Prior Owners"), Owner and the City, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 20130620000724670 (the "Original Proffers"); WHEREAS, the Owner desires to modify Section 3 of the Original Proffers and has initiated a modification of conditions application with the City to modify the Original Proffers; WHEREAS, the Owner has voluntarily proffered in writing in advance of and prior to the public hearing before the City Council of the City, as part of the proposed modification to the Original Proffers, the following reasonable amended conditions related to the use of the Property. NOW THEREFORE, the Owner, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion of q_uid pro cuo. for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following GPIN No.: 2414-12-9860 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 the Original Proffers, as modified hereby, shall constitute covenants running with the title to the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owner, its successors, assigns, grantees, and other successors in title or interest: 1. The Original Proffers are hereby modified by replacing Section 3 of the Agreement with the following: "3. No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstare; nightclub; tavern; lounge; dance hall; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; or hazardous or illegal uses." 2. All other covenants, conditions and restrictions proffered as part of the Original Proffers shall remain unchanged and in full force and effect and are hereby incorporated by reference. All references herein to zoning districts and to regulations applicable thereto refer to the Zoning Ordinance of the City in force as of the date the forgoing modification is approved by the City Council of the City. The modified covenants, conditions and restrictions set forth above having been proffered by the Owners and allowed and accepted by the City shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office, and executed by the record owner(s) of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the City in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the City, after a public hearing before the City advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia of 1950, as amended, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Owners covenant and agree that (1) the Zoning Administrator of the City shall be vested with a11 necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City's Zoning Ordinance or this Agreement, the Owners shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office and indexed in the name of the Owner and the City. This Agreement may be executed in counterparts or by using counterpart signature pages. [SIGNATURES BEGIN ON NEXT PAGE] OWNER: AH SANDBRIDGE, LLC, a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company Its Manager By_ (SEAL) Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this ?#day of , 2014, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Vir ima limited liability company, Manager of AH Sandbridge, LLC, a i inia limite liability company, on its behalf. Notary Public [AFFIX SEAL OR STAMP] JMy Commission Expires: S ???????????,,? Notary Registration No. ,• . ?` ??•'NpTARY ? ????: P118Lic , * - . * MY p MISSIUN Q' ? C> ?• EXPIRES •' _ ? :?21 '•.,10131/2016.•' Jx ? ?0NwEALTN "'? ?''1s?11s111?t`"% EXHIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "PARCEL Gl GPIN 2414-12-9860, 495,113 S.F. (11.366 ACRES) on that certain plat entitled "PLAT SHOWING RESUBDIVISION OF PARCEL C INSTRUMENT #200306050087111 AND CLOSED PORTION OF UNNAMED 70' PUBLIC RIGHT-OF-WAY M.B. 275, PG. 32 VIRGINIA BEACH, VIRGINIA", made by Patton Harris Rust & Associates, Inc., Engineers, Surveyors, Planners, Landscape Architects, Norfolk, Virginia, dated 02/06/2012, Scale: 1" = 100', which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120321000313070. S:\C1ients\7183\007\Proffer Amendment\Proffer Agreement-Amendment-v2.doc 5 .,_ ?.,. ??u°•F" yi L? a;.. CITY OF VIRGINIA BEACH AGENDAITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 208 of the City Zoning Ordinance pertaining to portable storage containers for special events. MEETING DATE: January 6, 2015 ¦ Background: The City Zoning Ordinance does not currently allow portable storage units to be used during special events. Event organizers find it convenient to have portable storage containers on-site for transporting and/or storing event-related materials. For example, the Boardwalk Art Show organizers would like to allow artists to store artwork overnight during the four-day event in portable storage containers. On December 2, 2014, the City Council deferred this item to the January 6, 2015 meeting for the purpose of ensuring the amendment to Section 4-1 of the City Code was heard by the City Council at the same time as the amendment to Section 208 of the City Zoning Ordinance. ¦ Considerations: The proposed amendment to Section 208 of the City Zoning Ordinance, which regulates portable storage containers, provides for portable storage containers to be utilized during special events that possess a valid Special Events Permit. An amendment to City Code Section 4-1, Special Events, is proposed in conjunction with the City Zoning Ordinance amendment. The amendment requires that where storage containers are desired, the application for a special event must specify the number and location of containers and how long they will be on the site. This amendment requires no action by the Planning Commission; however, since the purpose of the amendment to the Zoning Ordinance is to regulate portable storage containers used at special events that have a valid Special Events Permit, the two amendments are interdependent. There was no opposition to the proposed amendment to Section 208 of the Zoning Ordinance. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval. CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 208 Page2of2 ¦ Attachments: Minutes of Planning Commission Hearing Ordinances Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen 4?., City Manager: ??14 ,7b8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REQUESTED BY COUNCILMAN JOHN UHRIN AN ORDINANCE TO AMEND SECTION 208 OF THE CITY ZONING ORDINANCE PERTAINING TO PORTABLE STORAGE CONTAINERS FOR SPECIAL EVENTS SECTION AMENDED: City Zoning Ordinance § 208 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 208 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 208. - Portable storage containers. Portable storage containers located outside of an enclosed building or structure shall be allowed only as specified in this section and subject to the following regulations: (a) General requirements. The following requirements shall apply to portable storage containers in all districts: (2) No more than one (1) sign having a maximum area of six (6) square feet per sign may be displayed on any portable storage container; (h) Special Event Permits. In coniunction with a special event, portable storaqe containers shall be allowed in any zoninq district with a valid special event permit. Such portable storaqe containers shall comply with all requirements of the special event permit. Onlv the siqnaqe allowed in accordance with subsection (a)(2) of this section shall be permitted. 40 COMMENT 41 42 These amendments would in conjunction with the amendment to City Code Section 4-1 43 allow portable storage containers to be used by events with special event permits. The special event 44 permit would need to include time limits, location and numbers for review by staff. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ci y Attorney's Office 2 CA1996/R-5/December 23, 2014 Item #16 City of Virginia Beach An Ordinance to Amend Section 208 of the City Zoning Ordinance pertaining to portable storage containers for special events. November 12, 2014 An amendment to City Code Section 4.1, Special Events, is proposed for the City Zoning Ordinance. The Section 4.1 amendment requires that where storage containers are desired, the application for a special event must specify the number and location of containers and how long they will be on the site. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 16. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUS50 AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 16 by consent. Karen Lasley appeared before the commission on behalf of the city. S ?NU?tiI iY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 111 and 401 and add Section 241 of the City Zoning Ordinance Pertaining to a Definition and Conditions Required for a Recreational Resort Community. MEETING DATE: January 6, 2015 ¦ Background: On November 26, 2013, City Council approved amendments to the City Code that established Appendix K as the Floodplain Ordinance. The amendments were part of a significant revision of the City's Floodplain Program to address deficiencies identified by the Federal Emergency Management Agency (FEMA) during its review of the City's Floodplain Program in 2012. During the review, City staff and FEMA noted that there are `resort parks' in the city, originally approved as `campgrounds,' that now contain units that remain in place long-term rather than the moveable tents and trailers found in traditional campgrounds. The City Zoning Ordinance defines `campground' as follows: Premises where spaces are offered for occupancy for relatively short periods by portable recreational housing, including any land, building, structure or facility on such premises used by occupants of such portable recreational housing. ¦ Considerations: The proposed amendment creates a new category of use called a`Recreational Resort Community,' which will allow for stationary structures and vacation homes. Recreational Resort Communities are proposed as a conditional use in the Agricultural Districts. The amendment outlines requirements for Recreational Resort Communities, including recreational amenities, protection of natural resource features, and provision of utility services. In order to comply with the Floodplain Ordinance, some permanent improvements must be made to at least one existing resort development that was formerly approved as a`campground.' For example, "Oceanfront Resort" in Sandbridge (approved as a`campground' in 1976), intends to submit an application for a Recreational Resort Community Use Permit. Approval of that Use Permit will allow for the issuance of permits necessary to place stationary park model trailers and other more permanent units on foundations meeting the regulations of the Floodplain Ordinance. AMENDMENT - RECEATIONAL RESORT COMMUNITY Page 2 of 2 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 to the City Council. ¦ Attachments: Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: Q:tk ' J)e 6C>:j' 1 AN ORDINANCE TO AMEND SECTIONS 111 2 AND 401 AND ADD SECTION 241 OF THE 3 CITY ZONING ORDINANCE PERTAINING TO 4 A DEFINITION AND CONDITIONS 5 REQUIRED FOR A RECREATIONAL 6 RESORT COMMUNITY 7 8 SECTIONS AMENDED: City Zoning Ordinance §§ 111 and 401 9 SECTION ADDED: City Zoning Ordinance § 241 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE GTY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 111 and 401 of the City Zoning Ordinance are hereby amended 18 and Section 241 is added and reordained to read as follows: 19 20 ARTICLE 1. GENERAL PROVISIONS 21 22 .... 23 24 Sec. 111. Definitions. 25 26 .... 27 28 Public use. Any use conducted by a public agency for a bona fide public purpose 29 on land owned or leased by that agency. 30 31 Recreational Resort Community. A communitv with an emphasis on outdoor 32 recreational activities with seasonal livinq accommodations for tourists and owners. 33 Such communities shall not provide lonq-term permanent housinq or principal 34 residences. Accommodations mav consist of anv combination of motor homes, 35 recreation vehicles, park model trailers, manufactured housinq or cottaqes. 36 37 Religious uses. Places of religious worship, such as churches, synagogues, 38 temples, mosques, similar places and their appurtenant uses. 39 40 .... 41 42 COMMENT 43 44 This new category of use will allow motor homes, recreational vehicles, park model trailers 45 and manufactured homes in the same community. Many of the "campgrounds" in the City are a 46 mix of these uses instead of the required movable variety. This variation of structures became 47 apparent during the FEMA Community Assistance Visit. 48 49 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 50 ALL DISTRICTS 51 52 .... 53 54 Sec. 241. Recreational Resort Community. 55 56 In addition to qeneral requirements a recreational resort community shall be 57 subiect to the followinq requirements which shall be deemed to be conditions of the 58 conditional use permit: 59 60 (a) Minimum lot area The minimum lot area of a recreational resort 61 communitv shall be ten (10) acres. 62 63 (b) Parkinq Requirements A minimum of one (1) parkinq space shall be 64 provided for every unit The use of permeable pavers and a provision for 65 quest parkinq is encouraqed. 66 67 (c) Recreational facilities Recreational areas shall be so located, desiqned 68 and provided as to minimize traffic hazards to users and adverse effects 69 on surroundinq residential uses and environmental features. 70 71 (d) Siqnaqe One (1) finro-sided free standinq monument stvle siqn havinq a 72 maximum of twenty four (24) square feet per side is permitted per 73 entrance No such siqn shall be closer than one hundred (100) feet to 74 another such siqn In addition any common buildina mav be identified 75 with one (1) siqn havinq a maximum of twentv (20) square feet. 76 77 (e) Applications Applications for conditional use permits for a recreational 78 resort community shall include in addition to the information required bv 79 section 221 of this ordinance, the followinq: 80 81 (1) A site plan showinq the communitv layout, includinq where 82 applicable: number of units parkinq spaces recreational amenities open 83 space pedestrian walkways and trails boat slips/lifts and any accessorv 84 structures; and 85 86 (2) Architectural elevations and description of housinq unit types that 87 will be allowed includinq minimum and maximum size permitted per tvpe, 88 maximum buildinq heiqht foundation types buildinq materials and colors; 89 and 90 91 (3) Description of any nonresidential uses that are proposed, includinq 92 a description of recreational amenities, storaqe areas or maintenance 93 facilities; and 94 95 (4) Description of how utilities includinq water and sewer, will be 96 provided; and 97 98 (5) Description of any qreen development features such as permeable gg pavers native plant landscapinq reduced street lenqths and pavement 100 width bio-retention islands shared parkinq veqetated swales in lieu of 101 curb and gutter or other features of development intended to enhance 102 environmental qualitv; and 103 104 (6) Desiqnate any natural veqetation or other natural features on the 105 site that will be preserved Provide a qeneral landscape plan and a tree 106 preservation plan; and 107 108 (7) For qated communities describe how access will be provided for 109 emerqencv vehicles. 110 111 COMMENT 112 113 The requirements of recreational resort communities include providing proof of the 114 recreational amenities, layout, environmental features and utility services. 115 116 ARTIeLE 4. AGRICULTURAL DISTRICTS 117 118 .... 119 120 Sec. 401. Use regulations. 121 122 (a) Principal and conditional uses. The following chart lists those uses 123 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 124 the respective agricultural districts shall be permitted as either principal uses indicated 125 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an 126 "X" shall be prohibited in the respective districts. No uses or structures other than as 127 specified shall be permitted. 128 ------- - m._----- __. Use AG-1 AG-2 Recreational Resort Communitv C ; C 129 130 131 132 133 134 135 3 136 137 138 139 COMMENT Recreational Resort Community would be allowed in the Agricultural Zoning Districts as a Conditional Use. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2015. APPROVED AS TO CONTENT: 4 ?-' 4 441 41-, ? ? Plannin D rtment CA13126 R-6 December 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Ci y A'torney's Office 4 Item #12 City of Virginia Beach An Ordinance to Amend Sections 111 and 401 and add Section 241 of the City Zoning Ordinance Pertaining to a Definition and Conditions Required for a Recreational Resort Community. December 10, 2014 CONSENT The proposed amendment creates a new category of use called a"Recreational Resort Community," which will allow for stationary structures and vacation homes. Recreational Resort Communities are proposed as a conditional use in the Agricultural Districts. The amendment outlines requirements for Recreational Resort Communities to include recreational amenities, environmental features, and utility services. In order to comply with Floodplain Regulations, some permanent improvements must be made in at least one existing resort development that was formerly approved as a"campground." `Oceanfront Resort' in Sandbridge (approved as a"campground" in 1976), for example, intends to apply and become a"Recreational Resort Community" so that required permits can be issued to place stationary park model trailers and other more permanent units on foundations meeting the Flood Plain Regulations. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 12. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER By a vote of 10-0, the Commission approved item 12 by consent. Karen Lasley appeared before the Commission. S `HU ?y i ? CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 502 of the City Zoning Ordinance Pertaining to Setbacks Adjacent to the Atlantic Ocean in the R-5R Zoning District. MEETING DATE: January 6, 2015 ¦ Background: Currently, Section 502 of the City Zoning Ordinance requires a 30-foot setback from the Atlantic Ocean for all structures, except in-ground swimming pools: As an exception, the minimum setback in any yard adjacent to the Atlantic Ocean for any structures, except in-ground swimming pools, shall be 30 feet in the R-5R District. Occasionally, however, there has been confusion about from where on the lot the required setback should be measured or whether the setback is even required. For example, the existence of a 150-foot wide unimproved right-of-way east of the oceanfront lots from 58th Street to 89th Street has often been a source of confusion, as the lots are adjacent to that right-of-way. ¦ Considerations: To clarify this issue, the proposed amendment clarifies the setback from the `Atlantic Ocean' in the R-5R Residential Resort District applicable to the oceanfront lots from 58th Street to 89th Street. The amendment makes it clear that the 30-foot setback applies even if there is an unimproved right-of-way or bulkhead between the lot and the Atlantic Ocean. The proposed amendment was reviewed with the North Beach Civic League, which supports this clarification. 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 to the City Council. AMENDMENT - SETBACK FROM OCEAN IN THE R-5R DISTRICT Page 2 of 2 ¦ Attachments: Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager: Qt---A% P. , c? Item #13 City of Virginia Beach An Ordinance to Amend Section 502 of the City Zoning Ordinance Pertaining to Setbacks Adjacent to the Atlantic Ocean in the R-5R Zoning District. December 10, 2014 CONSENT The amendment clarifies the setback from the Atlantic Ocean in the R-5R Residential Resort District applicable to the North Beach oceanfront lots from 48th Street to 89th Street. Currently, Section 502 of the City Zoning Ordinance requires a 30-foot setback from the Atlantic Ocean for all structures, except in-ground swimming pools. The proposed amendment makes it clear that the 30-foot setback applies even if there is an unimproved street or bulkhead between the lot and the Atlantic Ocean. There is a 150-foot wide unimproved street that was platted in the 1920's east of the oceanfront lots from 58th Street to 89th Street, and there has been some confusion regarding the setback from the oceanfront for such lots. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 13. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 13 by consent. Karen Lasley appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 502 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SETBACKS ADJACENT TO 4 THE ATLANTIC OCEAN IN THE R-5R 5 ZONING DISTRICT 6 7 SECTION AMENDED: City Zoning Ordinance § 502 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 502 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 5. RESIDENTIAL DISTRICTS 19 20 .... 21 22 Sec. 502. Dimensional requirements. 23 24 The following chart lists the requirements within the R-40 through R-5S 25 Residential Districts for minimum lot area, width, yard spacing and maximum lot 26 coverage for single-family dwellings. 27 28 (a) For single-family dwellings: 29 ' Residential Districts _ R- R- R- R- '. R- ' R- ' R- R- ' R- ' 40 30 20 15 10 7.5 5D 5R ' SS (1w1) NA NA NA NA :NA NA NA 30 NA ? ;As an exception, the minimum setback in any ; yard adjacent to the public beach of the Atlantic ' Ocean for any structures, except in-ground swimming pools, shall be 30 feet in the R-5R ' District. For purpose of this section, "beach" shall include any bulkheaded area contiquous : to and anv unimproved public riqht-of-way ' 'within, the sandv beach. 30 31 32 33 34 35 36 The following chart lists the requirements within the R-5D Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b) For duplex and semidetached dwellings in the R-5D Residential District: Duplexes' Semidetached (9) As an exception, the setback for any yard adjacent to the public beach of the Atlantic Ocean for any structures shall ' be 30 feet in the R-5R District. For purpose of this section, "beach" shall include anv bulkheaded area contiquous to, and anv unimproved public riqht-of-way within the sandv beach. 37 38 The following chart lists the requirements within the R-5R Residential District for 39 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 40 semidetached dwellings. 41 (b1) For duplex and semidetached dwellings in the R-5R Residential District: 42 _ 43 Duplexes Semidetached (9) As an exception, the minimum setback in any yard 'adjacent to the public beach of the Atlantic Ocean for any structures, except in-ground swimming pools, shall be 30 feet . in the R-5R District. For purpose of this section, "beach" shall ' include any bulkheaded area contiquous to, and any unimproved public riqht-of-way within, the sandy beach. 44 The following chart lists the requirements within the R-40 through R-2.5 45 Residential Districts for minimum lot area, width, yard spacing and maximum lot 46 coverage for uses and structures other than dwellings. 47 48 (d) For uses other than dwellings: 49 ' Residential Districts R- R- R- R- R- R- R- R- !R- R- ' 40 ' 30 `20 15 10 7.5 5D ' 5R ' SR 2.5 2 As an exception, the setback for any NA NA NA NA NA NA NA 30 NA NA (8) yard adjacent to the public beach of the Atlantic Ocean for any structure shall be 30 feet in the R-5R District. For purposes of this section "beach" shall include anv bulkheaded area . contiguous to, and anv unimproved public riqht-of-wav within the sandv beach. COMMENT These amendments clarify that all structures adjacent to the public beach of the Atlantic Ocean are required to have a tlurty (30) foot setback. This is applicable even if the lot is adjacent to an unimproved street or bulkhead as is present from 48th to 89`h Streets. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , . r City Attorney's Office 3 ? CA13131 R-2 December 23, 2014 P. APPOINTMENTS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION PERSONNEL BOARD PLANNING COMMISSION TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE Q. UNFINISHED BUSINESS R. NEW BUSINESS S. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ?«*******?***?*??**?*??***??***« If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ?********?***************?***** CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to S: 00 PM /gw 0 1 /06/2015 CITY OF VlRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 12/09/2014 PAGE: 1 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D 1 CITY COLJNCIL BRIEFING James Parke, Director A. VOLUNTEER RESOURCES ANNUAL REPORT II CITY MANAGER'S BRIEFINGS A. MAYOR'S ACTION CHALLENGE Cindy Curtis, Deputy City Manager B. ANNUAL AUDIT/INTERIM Patti Phillips, Director FINANCIAL STATEMENT - Finance IIUIVN/VI CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y -E F/G MINUTES APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y December 2, 2014 H/1 Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y CONSENT a. §§ re Call Meetings the Library Board b. §§ ADD re Sound Wallslside lot fences/improvements on City properry 2. Ordinance to AMEND the City Code re ADOPTED, BY 9-1 Y Y Y Y Y N Y A Y Y Y paid Jury Duty CONSENT 3 Resolution to AUTHORIZE Arena ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y development 4 Ordinance to DECLARE Ciry-owned DEFERRED 9-0 Y Y Y Y Y A Y A Y Y Y' property as EXCESS/AUTHORIZE INDEFINITELY, BY B CONVEYANCE to VDOT at Lake CONSENT S Gaston easement Brunswick Counry, T Virginia A I N E D C7TY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 12/09/2014 PAGE: 2 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E ) A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D 5 Resolution to AUTHORIZE/EXECUTE ADOPTED 9-0 Y Y Y Y Y A A Y Y Y Y Sub-Recipient Agreement re Solar B Market Pathways S T A I N E D 6 Ordinances toACCEPT/ ADOPTED APPROPRIATE/TRANSFER: a. $231,533 re Circuit Court 10-0 Y Y Y Y Y Y Y A Y Y Y b. $67,982 re Oceanfront Outreach 9-1 Y Y Y Y Y N Y A Y Y Y Initiative re Homeless c. $112,500 re Police training and 10-0 Y Y Y Y Y Y Y A Y Y Y equipment ADDED Resolution re Distribution of Recordation ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Tax reduction in CONSENT State aid ADDED Resolution recognizing retiring ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Councilman Brad Martin and declaring CONSENT December 17'" Brad Martin Day Ul EXTRA SPACE STORAGE/GWEN DENIED, BY 10_0 y y y y y Y y A Y Y MCNEAL: Modification to Condition CONSENT No. 3 of a CUP for Self-Storage re signs at 1545 General Booth Boulevard DISTRICT 6 - BEACH 2 RAVE SOCCER COMPLEX, LLC: APPROVED/ 9-1 Y N Y Y Y Y Y A Y Y Y Modification of Conditions No. 7/8 of CONDITIONED CUP re post facto approval of additions at 2949 Shipps Comer Road DISTRICT 6 - BEACH 3 THOMAS C./LISA D. MCKEE: closure a A'PROVED/ 10-0 Y Y Y Y Y Y Y A Y Y l' portion of public r/o/w known as Circle CONDITIONED, BY CONSENT Lane DISTRICT 6- BEACH 4 MARK JANIK/SUSAN HEILIG: APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Change in Non-Conforming Use re CONDITIONED, BY garage apartmeut at 1604 Baltic Avenue CONSENT DISTRICT 6 - BEACH 5 7-ELEVEN /HOG POST, LLC: CUP re APPROVED/ 9-1 Y N Y Y Y Y Y A Y Y Y fuel sales/store at 1658 Virginia Beach CONDITIONED, BY CONSENT Boulevard DISTRICT 6- BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 12/09/2014 PAGE: 3 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D 6 MIKE O'CONNOR APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y l' TOWERCO./WILDWOOD PARK, CONDITIONED, BY CONSENT LLC: CUP re communications tower at 925 South Military Highway DISTRICT 2 - KEMPSVILLE 7 JERAMY BIGGIE/CHESAPEAKE APPROVED/ 10_0 y y y y Y Y Y A Y Y 1' BEACH VOLUNTEER CONDITIONED, BY FIRE/RESCUE DEPT: CUP re Craft CONSENT Brewery at 2444 Pleasure House Road DISTRICT 4 - BAYSIDE 8 FUN SPOT AMUSEMENT, APPROVED/ 10_0 y y y Y y Y Y A Y Y Y LLC/LILLY INC: CUP re commercial CONDITIONED,FOR parking lot at 22"d Street DISTRICT 6- Z YEARS, BY CONSENT BEACH 9 KWP, IBC, LLC: CUP re a Veterinary APpROVED/ 10_0 y y y Y Y Y Y A Y Y Y Clinic at 404 Investors Place DISTRICT CONDITIONED, BY CONSENT 3 - ROSE HALL 10 DAVID C./NDITH L. MARTIN: APPROVED AS 10-0 Y Y Y Y Y Y Y A Y Y Y COZ from AG-2 Conditional 13-2 re a 1'ROFFERED, BY Child Day Care Center on Upton Drive CONSENT DISTRICT 7 - PRINCESS ANNE J COMMUNITY SERVICES BOARD RESCHEDULED g y C O N S E N S U S HUMAN RIGHTS COMMISSION BOARD OF ZONING APPEALS Appoioted 10-0 Y Y Y Y Y Y Y A Y Y Y Alternates - 5 Yr Term 1/1/15- 12/31/19 Janice P. Anderson Myles Pocta HISTORIC PRESERVATION Appointed - 3-Yr 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION Term 1/1/15 - 12/31/17 Michel C. Ashe PARKS and RECREATION Appointed - 10-0 Y Y Y Y Y Y Y A Y Y Y Unexpired thru 8/31/17 William J. Brunke, tv PLANNING COMMISSION Appointed - 4-Yr 10-0 Y Y Y Y Y Y Y A Y Y Y Term 1/1/15 - 12/31/18 Karen B. Kwasny - Princess Anne, District 7 ClTY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 12/09/2014 PAGE: 4 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE g ] A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D ABSTRACT OF VOTES - GENERAL CLERK TO RECORD ELECTION - November 4, 2014 AS PART OF PROCEEDINGS K/L/M I ADJOURNMENT I 7:18 PM 2014 CITYHOLIDAYS Christmas l:ve (half-rltry) - Wednewlny, Uecember 24 Chrtstmas Ucry - ThtersdaP, l)eeemlier 25 Drry After Chri.strnas, December 26 CITYCOUNCIL WINTERRETREAT Brock Environmenta! Center 363 Marlin Bay Drive Bayside District February 5-6, 2015 ` 8:30 AM to S: 00 PM