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JANUARY 20, 2015 AGENDA
CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 M. BENJAMIN DAVENPORT, At Large ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER -- JAMES K.SPORE CITYATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 20 JANUARY 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER BRIEFING - Conference Room - A. MOBILE APPLICATIONS Communications and Technology Matt Arvay, Director Chris Golding, Systems Engineer II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE: VIRGINIA BEACH, VIRGINIA 23456-900'1 PHONE: (757) 385-4307 FAX (75 7) 385-5669 E-MAIL: Ctycnc1@vbgov.con,i 3:30 PM 4:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Doug Gray Senior Chaplain Westminster Canterbury C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Creation of a Special Service District (SSD) Hurds Cove Neighborhood Dredging Project 2. Excess City -Owned Property 130 London Bridge Road 3. Proposed Leases a. 1409 Virginia Beach Road b. 1467 Old Virginia Beach Road C. 213 and 217 Louisa Avenue 4. Acquisition of Property by Agreement or Condemnation Southern Canal and Lead Ditch Culvert Replacement Project January 6, 2015 I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code and ADD Section 35.3-13: a. CREATE Hurd's Cove Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes b. TRANSFER $600,000 for engineering and design work DISTRICT 5 -LYNNHAVEN 2. Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY the property to the Development Authority DISTRICT 6 — BEACH 3. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. 1409 Old Virginia Beach Road to Virginia Beach Community Development Corporation b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation DISTRICT — 6 BEACH 4. Resolution re City Investments and Deposits (Sponsored by Councilman Moss) 5. Ordinances to AUTHORIZE: a. Acquisition of property in fee simple for right-of-way re the Southern Canal and Lead Ditch Culvert Replacement Phase II b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re maintaining an existing bulkhead, construct and maintain a proposed boatlift and pier at 2804 West Point Court DISTRICT 6 - BEACH 6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of Emergency Management (VDEM): a. $165,547 re Hazmat Team Equipment and Training b. $ 6,600 re Transportation of Hazardous Materials Training J. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Conformity re single family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 2. STEVE BARNES and MARY SUE and JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) DISTRICT 7 — PRINCESS ANNE: a. Variance to Section 4.4(b) of the Subdivision Regulations of the City Zoning Ordinance (CZO) b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B) c. Conditional Use Permit for a Farm Stand RECOMMENDATION APPROVAL 3. DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 5. OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTON for a Conditional Use Permit re a Home Occupation for boarding and training at 5013 Madeira Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 6. BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 7. NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for a Change of Zoning from B-2 Community Business and A-18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 8. CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA H. LAWRENCE TRUST: a Change of Zoning from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach Boulevard b. Conditional Use Permit re Auto Sales and Service DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. AH SANDBRIDGE, LLC for Modification of Proffer No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road (APPROVED June 11, 2013) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION 10. CITY OF VIRGINIA BEACH: APPROVAL a. Change of Zoning from B-2 Community Business to Conditional I-1 Industrial at London Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential Zone DISTRICT 6 — BEACH RECOMMENDATI APPROV. b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered Conditions that deviate from allowable lot coverage RECOMMENDATION APPROVAL c. AMEND the Comprehensive Plan re Princess Anne and Transition Area, Chapter 4 of the Policy Document, and REVISE the Transition Area Design Guidelines RECOMMENDATION APPROVAL d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks adjacent to the Atlantic Ocean RECOMMENDATION APPROVAL e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans of Development for setbacks adjacent to the Public Beach of the Atlantic Ocean RECOMMENDATION APPROVAL 11. RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency Review for vehicular access RECOMMENDATION K. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ADOPTION 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 5:00 PM I. CITY MANAGER BRIEFING - Conference Room - A. MOBILE APPLICATIONS Communications and Technology Matt Arvay, Director Chris Golding, Systems Engineer II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 3:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Doug Gray Senior Chaplain Westminster Canterbury C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Creation of a Special Service District (SSD) Hurds Cove Neighborhood Dredging Project 2. Excess City -Owned Property 130 London Bridge Road 3. Proposed Leases a. 1409 Virginia Beach Road b. 1467 Old Virginia Beach Road C. 213 and 217 Louisa Avenue 4. Acquisition of Property by Agreement or Condemnation Southern Canal and Lead Ditch Culvert Replacement Project January 6, 2015 PUBLIC HEARING: AN ORDINANCE TO CREATE A SPECIAL SERVICE DISTRICT FOR THE HURD'S COVE NEIGHBORHOOD DREDGING PROJECT As required by Code of Virginia § 15.2-2400, the City Council of Virginia Beach, Virginia will hold a Public Hearing on an ordinance to create a Special Service District for the Hurd's Cove Neighborhood Dredging Project. The Public Hearing will be held on January 20' 2015, at 6 PM in the City Council Chamber. The Chamber is located on the second floor of City Hall, at 2401 Courthouse Drive. All persons are encouraged to attend and speak about this proposed special service district. A copy of the proposed ordinance, including a map of the district boundary, may be inspected at the Office of the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing Impaired, call: TDD only 711 (TDD — Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon ad# 24469349 Dec 28, 2014, Jan. 4 & 11, 2015 PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, January 20, 2015, at 6:00 P.M., in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to the City of Virginia Beach Development Authority: Approximately 18.245 acres located at 130 London Bridge Road (GPIN 2407-04-8646) former London Bridge Commerce Center Any questions concerning this matter should be directed to the Dept. of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, VA 23462, (757) 385-6464. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon January 11, 2015 24484179 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on January 20, 2015 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following properties: 1) 1.409 Virginia Beach Road (GPIN 2417-17-9326); 2) 1467 Old Virginia Beach Road (GPIN 2417-16- 0982); 3) 213 Louisa Avenue (GPIN 2407-85-6101); and 4) 217 Louisa Avenue (GPIN 2407-85-6107) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Smith Fraser, MMC City Clerk Beacon January 11, 2015 24471861 PUBLIC HEARING ACQUISITION, BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Southern Canal and Lead Ditch Culvert Replacement Project (CIP No. 2-024), Tuesday, January 20, 201.5, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "SOUTHERN CANAL AND LEAD DITCH CULVERT REPLACEMENT PHASE 11 CIP #7. 024 PWCN-14-0011" and are on file in the Public Works Department, Engineering Division, File Room. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757385.4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Real Estate Office, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon January 11, 2015 24478115 I. ORDINANCES/RESOLUTIONS Ordinance to AMEND the City Code and ADD Section 35.3-13: a. CREATE Hurd's Cove Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes b. TRANSFER $600,000 for engineering and design work DISTRICT 5 -LYNNHAVEN 2. Ordinance to DECLARE the property at 130 London Bridge Road EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY the property to the Development Authority DISTRICT 6 — BEACH Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. 1409 Old Virginia Beach Road to Virginia Beach Community Development Corporation b. 1467 Old Virginia Beach Road to Transitions Community Development Corporation DISTRICT — 6 BEACH 4. Resolution re City Investments and Deposits (Sponsored by Councilman Moss) Ordinances to AUTHORIZE: a. Acquisition of property in fee simple for right-of-way re the Southern Canal and Lead Ditch Culvert Replacement Phase II b. Temporary Encroachments into a portion of Pinewood Branch (Lynnhaven River) re maintaining an existing bulkhead, construct and maintain a proposed boatlift and pier at 2804 West Point Court DISTRICT 6 - BEACH 6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of Emergency Management (VDEM): a. $165,547 re Hazmat Team Equipment and Training b. $ 6,600 re Transportation of Hazardous Materials Training f � CITY OF VIRGINIA BEACH AGENDA ITEM , ITEMS: (1) An Ordinance to Amend the Code of the City of Virginia Beach to Create the Hurd's Cove Neighborhood Dredging Special Service District and to Levy Additional Taxes on Real Property within the Hurd's Cove Neighborhood Dredging Special Service District (2) An Ordinance to Create Capital Project #8-505, "Hurd's Cove Neighborhood Dredging," and to Transfer Funds to CIP #8-505 MEETING DATE: January 20, 2015 ■ Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. As provided by the policy, the City may partner with neighborhoods wherein at least 80% of the affected property owners provide signed petitions asking for the establishment of a special service district. As part of this agreement, the City will pay for the dredging of the City spur channel, and the Special Service District will pay for the neighborhood channel dredging. The City, through its Department of Public Works, has received signed petitions from a sufficient number of the affected property owners in the Hurds Cove Area to meet the 80% threshold. The Hurds Cove Area Dredging Special Service District ("Service District") will serve 91 properties. The first dredging is planned in FY 2016-17, with the second and third dredging cycles to occur in FY 2023-24 and FY 2030-31, respectively. The City staff has provided the enumerated special service district levy based on the FY 2013-14 assessed values of the properties within the service district. The staff will re- calculate the estimated project costs at least every four years. After the completion of the third dredging cycle and the payment of any outstanding costs associated with the dredging, the Service District will dissolve, and the properties will no longer be subject to the additional levy. ■ Considerations: State law permits the City to establish a special service district for the purpose of providing additional services, including dredging creeks and rivers to maintain existing uses. A neighborhood dredging project is a partnership between the City, the neighborhood, and the property owners. The estimated cost for the initial dredging of the City spur channel, the neighborhood channel, environmental mitigation, and contingencies totals $1,408,000. The total cost of the first cycle of dredging will also include the amounts paid by individual property owners for access basin dredging. Neighborhood Dredging SSD Page 2 of 2 The Service District is not anticipated to generate ample funding through the levy to complete the first neighborhood channel dredging in FY 2016-17; therefore, the City will provide an estimated $600,000 for surveys, design, environmental mitigation and contingencies in FY 2014-15 and $364,308 for dredging of the City spur channel and the neighborhood channel in FY 2016-17. The Service District will repay the City its share of costs in future years. Using the FY2013-14 assessed values, the additional levy on the 91 properties is 43.8 cents per $100 of assessed value. This levy will provide the funding for the neighborhood channel dredging. The effective date of the Special Service District levy will be July 1, 2015. A second ordinance is attached. This ordinance establishes Capital Project 8-505, "Hurds Cove Neighborhood Dredging," to capture the costs associated with the Hurds Cove Neighborhood Dredging Project. A total of $600,000 is provided to the project in FY 2014-15 for surveys, design, environmental mitigation, and contingencies. There is sufficient funding in the Reserve for Contingencies, Neighborhood Dredging, that was established in FY 2014-15 Operating Budget. ■ Public Information: This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public information will be provided through the normal Council agenda process. ■ Recommendations: Approval of the two attached ordinances. ■ Attachments: Ordinances (2), Map, Property List Recommended Action: Approval Submitting Department/Agency: Public Works n ILO City Manager. V,' 1 1 AN ORDINANCE TO AMEND THE CITY CODE TO CREATE 2 THE HURD'S COVE NEIGHBORHOOD DREDGING 3 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 4 TAXES ON REAL PROPERTY WITHIN THE HURD'S COVE 5 NEIGHBORHOOD DREDGING SPECIAL SERVICE 6 DISTRICT 7 8 SECTION ADDED: 35.3-13 9 10 WHEREAS, the City of Virginia Beach has received signed petitions from at least 11 80% of the residents of the Hurd's Cove Dredging Area waterfront property owners; and 12 13 WHEREAS, the petitions provide the signers commit to the imposition of special 14 service district ("SSD") taxes and other contributions as set forth in further detail herein; 15 and 16 17 WHEREAS, the Hurd's Cove Area Dredging Project ("Project") includes three (3) 18 cycles of dredging; and 19 20 WHEREAS, although the SSD taxes will begin July 1, 2015, the first dredging is 21 planned for FY 2016-17, the second is planned for FY2023-24, and the third is planned 22 for FY 2030-31; and 23 24 WHEREAS, the Project is a partnership addressing related dredging activities: 25 the community channel dredging, which is supported by City contributions to the Special 26 Service District; the neighborhood channel dredging, which is supported by the levy of 27 Special Service District taxes; and the access channels, which are supported by 28 individual contributions to the Special Service District; and 29 30 WHEREAS, the rate established by this Ordinance is based on the FY2013-14 31 real estate assessed value of the subject properties; and 32 33 WHEREAS, City staff will re -calculate the estimated Project costs at a minimum 34 of every four (4) years; and 35 36 WHEREAS, the City Council of the City of Virginia Beach believes that 37 undertaking the Project is in the best interest of the public and is a reasonable exercise 38 of the City's authority to promote general welfare, including commerce and industry of 39 the City and the inhabitants thereof. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA.- 43 IRGINIA:43 44 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended to add 45 Section 35.3-13 as follows: 46 47 Section 35.3-13. Creation of the Hurd's Cove Area Dredging Special Services 48 District. 49 a. There is hereby created the Hurd's Cove Area Dredging Special Service District 50 for the purposes set forth in this chapter and those set forth in Code of Virginia, 51 section 15.2-2403. 52 b. The boundaries of the Gills Cove Area Dredging Special Service District shall be 53 described in detail by the map attached to this ordinance. 54 c. The Hurd's Cove Area Dredging Special Service District shall dissolve on July 1, 55 2031, if not sooner. 56 57 2. There shall be levied and collected taxes for the special purpose of providing 58 neighborhood dredging on all real estate within and pursuant to the Hurd's Cove Area 59 Dredging Special Service District at the rate of 43.8 cents ($0.438) on each one 60 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in 61 addition to the real estate tax rate set forth by the General Real Estate Tax Levy 62 adopted by City Council. Any deferral of such levies for elderly or disabled persons 63 shall be subject to § 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written 64 consent is required to apply this tax rate to the full assessed value of properties subject 65 to special use value assessment. The real estate tax rate imposed herein shall be 66 applied on the basis of one hundred percentum (100%) of the fair market value of such 67 real property except for public service real property, which shall be on the basis as 68 provided in Code of Virginia § 58.1-2604. 69 70 3. The City Manager or designee is hereby authorized to enter into contracts and to 71 perform other actions consistent with this ordinance. 72 73 4. Paragraphs 1 and 3 shall be effective immediately. 74 75 5. Paragraph 2 shall be effective July 1, 2015. 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 Management Services APPROVED AS TO CONTENT: 1 � Public APPROVED AS TO LEGAL SUFFICIENCY: At ney s Office CA13183 R-1 December 8, 2014 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-505, 2 "HURD'S COVE NEIGHBORHOOD DREDGING" AND TO 3 TRANSFER FUNDS TO CIP #8-505 4 5 WHEREAS, by separate ordinance the City Council established the Hurd's Cove 6 Neighborhood Dredging Special Service District; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, THAT: 10 11 1. Capital Improvement Project #8-505, "Hurd's Cove Neighborhood Dredging" is 12 hereby established in the FY 2014-15 Capital Improvement Program; and 13 14 2. $600,000 is hereby transferred from the General Fund Reserve for 15 Contingencies, Neighborhood Dredging, to Capital Project #8-505 for 16 engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT Management Services APPROVED AS TO CONTENT: EIAFA APPROVED AS TO LEGAL SUFFICIENCY: it for ey's Office CA 13184 R-1 December 8, 2014 W s 5 1 wpmim m Legend = Nbsi. Channel City Funded Spur Neighborhood Funded Spur Study Area Property Property Lin.. Buildings City Property e e (MC, 8 HCA e Hurds Cove Neighborhood Dredging Fee Attachment B Neighborhood Dredging for Hurds Cove October 2014 Number GPIN Address HCl 14982365340000 3045 LITTLE HAVEN RD HC2 14982345070000 3049 LITTLE HAVEN RD HO 14982324000000 3065 LITTLE HAVEN RD HC4 14982301060000 3013 OAK LYNN PATH HC5 14982310680000 943 QUAIL RUN QUAY HC6 14982330110000 947 QUAIL RUN QUAY HC7 14982332320000 951 QUAIL RUN QUAY HC8 14982343500000 953 QUAIL RUN QUAY HC9 14982380390000 959 QUAIL RUN QUAY HC10 14982279200000 955 QUAIL RUN QUAY HC11 14982266750000 958 QUAIL RUN QUAY HC12 14982245500000 950 QUAIL RUN QUAY HC13 14982217310000 946 QUAIL RUN QUAY HC14 14982209010000 942 QUAIL RUN QUAY HC16 14981295180000 927 HURDS RD HC17 14981294940000 931 HURDS RD HC18 14982252070000 949 HURDS RD HC19 14982232610000 Lot Only HC20 14982231350000 945 DIGGS LN HC23 14982138320000 989 HURDS RD HC24 14982116140000 984 HURDS RD HC25 14982108740000 980 HURDS RD HC26 14982109170000 976 HURDS RD HC27 14981189090000 952 HURDS RD HC28 14981260520000 950 HURDS RD HC29 14981273920000 940 HURDS RD HC30 14981263110000 938 HURDS RD HC31 14981241940000 936 HURDS RD HC32 14981242180000 934 HURDS RD HC33 14981255900000 928 HURDS RD HC35 14981224990000 3105 BLAIR CIR HC36 14981217590000 3109 BLAIR CIR HC37 14981206140000 3113 BLAIR CIR HC38 14980288020000 3116 BLAIR CIR HC39 14980380170000 3112 BLAIR CIR HC40 14980362410000 3141 LITTLE HAVEN RD HC41 14980341350000 884 BISHOPSGATE LN HC42 14980249910000 3100 CELBRIDGE CT HC43 14980267420000 3101 CELBRIDGE CT HC44 14980264050000 832 BISHOPSGATE LN HC45 14980283630000 1 3108 1 AUDLEY WAY Attachment B Neighborhood Dredging for Hurds Cove October 2014 Number GPIN Address HC46 14980293920000 3104 AUDLEY WAY HC47 14981220580000 3100 AUDLEY WAY HC48 14981137380000 784 BISHOPSGATE LN HC49 14981166350000 780 BISHOPSGATE LN HC50 14981153370000 783 BISHOPSGATE LN HC51 14981123700000 787 BISHOPSGATE LN HC52 14981101360000 791 BISHOPSGATE LN HC53 14981058410000 621 TIMBERLAND TRL HC54 14981170960000 627 TIMBERLAND TRL HC55 14981098190000 625 TIMBERLAND TRL HC56 14981087920000 624 TIMBERLAND TRL HC57 14982049550000 3067 BRAY RD HC58 14982160280000 3071 BRAY RD HC59 14982162660000 3075 BRAY RD HC60 14982194720000 3091 BRAY RD HC61 14983115810000 3095 BRAY RD HC62 14982196870000 3101 BRAY RD HC63 14983137640000 3107 BRAY RD HC64 14983232420000 3119 BRAY RD HC65 14983100820000 3083 BRAY RD HC66 14982377110000 3041 LITTLE HAVEN RD HC67 14981281920000 954 HURDS RD HC68 14981065600000 617 TIMBERLAND TRL HC69 14981044680000 613 TIMBERLAND TRL HC70 14981017030000 3100 WINCHESTER LN HC71 14980075460000 3200 QUEENSBURY DR HC72 14980065280000 3204 QUEENSBURY DR HC73 14980067350000 3208 QUEENSBURY DR HC74 14980047570000 3212 QUEENSBURY DR HC75 14980037380000 3216 QUEENSBURY DR HC76 14980028320000 3220 QUEENSBURY DR HC77 14981095580000 620 TIMBERLAND TRL HC78 14981094300000 616 TIMBERLAND TRL HC79 14981082630000 612 TIMBERLAND TRL HC80 14981080080000 608 TIMBERLAND TRL HC81 14971989260000 604 TIMBERLAND TRL HC82 14971988460000 3112 QUIMBY RD HC83 14971987550000 3108 QUIMBY RD HC84 14971986840000 3104 QUIMBY RD HC85 14971984350000 3100 QUIMBY RD HC87 14972913540000 3024 WATERGATE LN Attachment B Neighborhood Dredging for Hurds Cove October 2014 Number GPIN Address HC88 14972923940000 3020 WATERGATE LN HC89 14972943130000 3016 WATERGATE LN HC90 14972942950000 3012 WATERGATE LN HC91 14972964670000 3009 BRAY RD HC92 14972956800000 3013 BRAY RD HC93 14972937030000 3021 BRAY RD HC95 14982041070000 3035 BRAY RD HC99 14982075770000 3059 BRAY RD HC100 14980273410000 1 3112 1 AUDLEY I WAY !{{ppq 3 ��lJ�4vN%�x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 18.245 +/- Acres of City Property Located at 130 London Bridge Road to be in Excess of the City's Needs and Authorizing the City Manager to Convey the Property to the City of Virginia Beach Development Authority MEETING DATE: January 20, 2015 ■ Background: In 2011, the City of Virginia Beach (the "City") acquired approximately 18.245 acres of property located at 130 London Bridge Road (GPIN: 2407-04-8646), formerly known as the London Bridge Commerce Center (the "Property"). The Property was acquired as part of the APZ-1 Use and Acquisition Plan (CIP 9-060). At the time of acquisition, the Property was developed with three commercial buildings housing multiple tenants. The acquisition allowed the City to remove 22 non -conforming business uses from APZ-1. The City desires to prepare the Property for future commercial development consistent with the APZ-1 zoning restrictions and a Navy restrictive easement that encumbers the Property. To further that goal, the City is also applying to re- zone the Property to conditional 1-1. The City of Virginia Beach Development Authority (the "Authority") is the development arm of the City and has been instrumental in overseeing other commercial development projects, including several industrial and corporate parks. Staff recommends that title to the Property be transferred to the Authority to better facilitate the marketing and negotiation aspects of potential future commercial development. ■ Considerations: The Authority would develop, market and ultimately sell the Property (in one or more transactions) for use consistent with the City's APZ-1 zoning regulations and the Navy's restrictive easement. ■ Revenue restrictions: The City funded the acquisition of the Property through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property, less any Authority costs associated with the development of the Property and allowable under the grant agreement with the Commonwealth, will be returned to the City. Thereafter, fifty percent (50%) of the amount will be appropriated to CIP 9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the funds retained by the City will be available for costs associated with the BRAC program per the grant agreement. ■ Public Information: A public hearing was advertised in The Virginian -Pilot and advertisement of the City Council Agenda. ■ Recommendations: Staff recommends approval of the transfer of the Property to the Authority. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: k 1 AN ORDINANCE DECLARING 18.245+/- ACRES 2 OF CITY PROPERTY LOCATED AT 130 LONDON 3 BRIDGE ROAD TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY MANAGER 5 TO CONVEY THE PROPERTY TO THE CITY OF 6 VIRGINIA BEACH DEVELOPMENT AUTHORITY 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 130 9 London Bridge Road (GPIN: 2407-04-8646), formerly known as the London Bridge 1 o Commerce Center (the "Property"); 11 12 WHEREAS, the Property was acquired pursuant to the City's APZ-1 Acquisition 13 Program (CIP 9-060) (the "Program"); 14 15 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 16 was created for the purpose of stimulating economic growth and stability of the City by 17 expanding the tax base and increasing business development; is 19 WHEREAS, City Council has identified the Property for future commercial 2o development and the Authority would be the entity best suited to market the Property 21 and negotiate with potential developers; and 22 23 WHEREAS, the Authority shall market the property for uses consistent with the 24 City's APZ-1 Ordinance and the Navy's restrictive easement; and 25 26 WHEREAS, City staff and the Authority have determined that title to the Property 27 should be transferred from the City to the Authority to facilitate further development of 28 the Property in a manner consistent with the Program and the City's long-term goal of 29 retaining NAS Oceana as the East Coast Master Jet Base. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That City Council, subject to acceptance by the Authority, authorizes the 35 transfer of title to the Property, more particularly described in Exhibit A attached hereto 36 and made a part hereof, to the Authority. 37 38 2. That the City Manager, or his designee, is hereby authorized to execute 39 any and all documents to complete such transfer, so long as the documents contain 40 such terms, conditions and modifications as may be acceptable to the City Manager and 41 in a form deemed satisfactory by the City Attorney. 42 43 3. That City Council requests and recommends that the Authority adopt a 44 Resolution accepting the transfer of the Property to the Authority. 45 4. That revenue from the sale of the Property, less costs expended by the 46 Authority consistent with the City's grant agreement with the Commonwealth regarding 47 the Program, shall be refunded by the Authority to the City. The funds shall be received 48 by the City and fifty (50) percent of this amount shall be appropriated to CIP 9-060, 49 Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) percent shall be 5o deposited for future payment by the City Manager to refund the Commonwealth's 51 portion in accordance with the grant agreement. A manual encumbrance will be 52 established to ensure that the funds retained by the City will be available for expenses 53 associated with the BRAC program per the agreement with the Commonwealth. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney APPROVED AS TO CONTENT: D " 0, I� Management Services APPROVED AS TO CONTENT: Economic Development CA13194 R-1 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D007\P019\00176317.DOC 1/12/2015 2 EXHIBIT A (LEGAL DESCRIPTION) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as PARCEL 3A -2A, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OWNED BY THE SEAY COMPANY, INC. AND SEAY FAMILY, LLC (M.B. 37, P. 4) (M.B. 127, P. 13A) (D.B. 1585, P. 575) VIRGINIA BEACH, VIRGINIA," dated January 17, 2006 and prepared by NDI, L.L.C., Basgier and Associates Division, Engineers -Surveyors -Planners, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20090121000056270. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by Deed dated October 24, 2011 from 130 London Bridge LLC, a Virginia limited liability company, and recorded in the aforesaid Clerk's Office as Instrument No. 20111027001112530. 4k� ' r' 1 4k� O S� S fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with the Virginia Beach Community Development Corporation for the use of land and a residence located at 1409 Old Virginia Beach Road. MEETING DATE: January20, 2015 ■ Background: Virginia Beach Community Development Corporation ("VBCDC") currently leases the residential property located at 1409 Old Virginia Beach Road (GPIN 2417-17-9326) (the "Premises") from the City of Virginia Beach pursuant to ORD -3083C adopted May 12, 2009. VBCDC would like to continue leasing the Premises, which they are using to provide affordable rental housing for Virginia Beach residents. Considerations: This lease would be for a term of one (1) year, with four one-year renewals, and the City has a thirty (30) day termination right. The property was acquired as a part of the City's APZ-1 Use and Acquisition Plan (CIP 9-060). During VBCDC's initial lease period, they completed noise attenuation requirements and brought the Premises into compliance with City code, and these measures will be maintained during the proposed lease period. ■ Public Information: Advertisement of City Council Agenda. Advertisement of Public Hearing. ■ Alternatives: Approve terms of Lease Agreement as presented, alter terms of the proposed Lease Agreement, or decline to lease the subject premises. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office City Manager: I`� , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR ONE YEAR, WITH FOUR OPTIONAL ONE-YEAR RENEWALS, WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION FOR THE USE OF LAND AND A RESIDENCE LOCATED AT 1409 OLD VIRGINIA BEACH ROAD. WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land and the residence located thereon located at 1409 Old Virginia Beach Road (GPIN 2417-17-9326) and more particularly described on Exhibit "A" attached hereto (the "Premises"); WHEREAS, the Virginia Beach Community Development Corporation ("VBCDC") is currently leasing the Premises pursuant to ORD -3083C adopted May 12, 2009; WHEREAS, VBCDC, in accordance with the current lease, performed noise attenuation measures and brought the Premises into compliance with City building codes; WHEREAS, VBCDC would like to continue leasing the Premises from the City and will perform all required maintenance during the lease term; WHEREAS, VBCDC would like to enter into a formal lease with the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit "B"; and WHEREAS, the Premises will be utilized for affordable housing for Virginia Beach residents and for no other purpose. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of one year, with the option to renew for four one-year terms, between VBCDC and the City, for the Premises in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be deemed acceptable by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Atto y APPROVED AS TO CONTENT lojvy-� � Facilities MA"nag- emeAt CA12955 1/9/2015 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d008\p023\00127443.doc Exhibit "A" Legal Description for 1409 Old Virginia Beach Road, Virginia Beach, VA 23454 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Lynnhaven Borough in the City of Virginia Beach, Virginia, designated as the property of J. Hunter, Jr., on the plat entitled "Street Dedication, Brockville - Extended, Site No. 25, at Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia," made by W.B. Gallup, County Surveyor, dated July 20, 1964 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 61, at page 45, and more particularly described as follows: BEGINNING at a point on the south side of Old Virginia Beach Road and Gary Avenue; thence in an easterly direction along the southern side of the Old Virginia Beach Road 91.6 feet, more or less, to a point; thence S 70 30'00" W 8.8 feet; thence continuing in the same course 165.05 feet to a point at the dividing line between the property shown as Lot "G" on said plat; thence N 82°30'00" W 91.6 feet to the easterly line of Gary Avenue; thence N 7°30'00" E 162.3 feet along the easterly side of Gary Avenue to the southern side of Old Virginia Beach Road, to the point of beginning. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Sheila Ross dated September 29, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20081010001188270. EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: A residential property: 1409 Old Virginia Beach Road (GPIN: 2417-17-9326) TERM: February 1, 2015 through January 31, 2016, with four (4) one-year renewal options. Renewal terms are at the City's option. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF VBCDC: • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one family reside in the dwelling unit. • Shall not modify the Premises without prior approval from City. • Will maintain sound attenuation measures and compliance with City codes at Lessee's expense. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate the lease at any time without cause upon thirty (30) days' advance written notice. krjsjj s L`N M alS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with Transitions Community Development Corporation for the use of land and a residence located at 1467 Old Virginia Beach Road. MEETING DATE: January 20, 2015 ■ Background: Transitions Community Development Corporation, a Virginia non - stock corporation ("Transitions"), currently leases the residential property located at 1467 Old Virginia Beach Road (the "Premises") from the City of Virginia Beach, pursuant to ORD -3111 G adopted December 8, 2009. Transitions would like to continue leasing the Premises for a non-profit temporary housing program. The residents include women in transition from incarceration, in recovery from substance, sexual, and/or physical abuse, or otherwise in need of temporary housing. No more than four (4) full- time residents are permitted at any time. ■ Considerations: This lease would be for a term of one (1) year, with four one- year renewals, and the City has a sixty (60) day termination right. The property was acquired as a part of the City's APZ-1 Use and Acquisition Plan (CIP 9-060). During Transitions' initial lease period, the group completed noise attenuation requirements and brought the Premises into compliance with City code, and these measures will be maintained during the proposed lease period. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or decline to lease the subject premises. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval Submitting Department/A ency: Public Works / acilities Management City Manager: 'Z)�n 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TRANSITIONS COMMUNITY 5 DEVELOPMENT CORPORATION FOR THE USE OF 6 LAND AND A RESIDENCE LOCATED AT 1467 OLD 7 VIRGINIA BEACH ROAD. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain parcel of land and the residence located thereon located at 1467 Old 11 Virginia Beach Road (GPIN 2417-16-0982) and more particularly described on 12 Exhibit "A" attached hereto (the "Premises"); 13 14 WHEREAS, Transitions Community Development Corporation, a Virginia 15 non -stock corporation ("Transitions"), is currently leasing the Premises pursuant 16 to ORD -3111 G adopted December 8, 2009; 17 18 WHEREAS, Transitions, in accordance with the current lease, performed 19 noise attenuation measures and brought the Premises into compliance with City 20 building codes; 21 22 WHEREAS, Transitions would like to continue leasing the Premises from 23 the City and will perform all required maintenance during the lease term; 24 25 WHEREAS, Transitions would like to enter into a formal lease with the 26 City for the Premises in accordance with the Summary of Terms attached hereto 27 as Exhibit "B"; and 28 29 WHEREAS, the Premises will be utilized to provide temporary housing for 30 no more than four (4) residents at one time and for no other purpose. 31 32 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for the term 36 of one year, with the option to renew for four one-year terms, between 37 Transitions and the City, for the Premises in accordance with the Summary of 38 Terms attached hereto, and such other terms and conditions deemed necessary 39 and sufficient by the City Manager and in a form deemed satisfactory by the City 40 Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 43 day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ii*y Atto Y Y APPROVED AS TO CONTENT Public Wor — Facilit' s Management CA12960 `.` vbgov.com�DFS1`:Applications:CityLawProd,cycom32Wpdocss.D020,.P006,00032870. DOC R-1 January 9, 2015 2 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, located and being near the old road from Oceana to Virginia Beach Borough, in the Borough of Lynnhaven, City of Virginia Beach, Virginia, and being more particularly bounded and described as follows: BEGINNING at a pin distant 305.04 feet South 7 degrees 30 minutes West from a pin on the Southern line of said old road to Virginia Beach, and running thence South 7 degrees 30 minutes West 381.6 feet to a pin; thence South 82 degrees 30 minutes East 279 feet to a pipe; thence North 7 degrees 30 minutes East 370.4 feet to a pin; thence North 80 degrees 29 minutes West 279.2 feet to the point of beginning, containing 2.4 acres according to plat made by W. B. Gallup, County Surveyor, September 27, 1945, and of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 17, page 30, to which plat reference is hereby made for a more particular description of said land; TOGETHER with an easement reserved by Elmira Knox and designated on the plat entitled, "Property of Charlie Willie Blackshear and Mary Elizabeth Blackshear, made by W. B. Gallup, dated May 23, 1957", marked on said plat as "Easement reserved by Elmira Knox", said easement being located in the northeast corner of the property of Charlie Willie Blackshear and Mary Elizabeth Blackshear, and being triangular in shape with twenty feet at the base and an altitude of forty feet. EXCEPTING, HOWEVER, from the above tract of land a small parcel of land designated as .28 acre according to a plat entitled "Property of Charlie Willie Blackshear and Mary Elizabeth Blackshear, made by W. B. Gallup, dated May 23, 1957", recorded in the aforesaid Clerk's Office in Map Book 45, page 38, and set out in the deed from Elmira Knox, unmarried, to Charlie Willie Blackshear and Mary Elizabeth Blackshear, his wife, dated August 12, 1958, and duly of record in the aforesaid Clerk's Office in Deed Book 554, page 120. EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Transitions Community Development Corporation PREMISES: A residential property 1467 Old Virginia Beach Road (GPIN: 2417-16-0982) TERM: February 1, 2015, through January 31, 2016, with four (4) one-year renewal options. Renewal terms are at the City's option. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for a temporary residential facility and for no other purpose. • At no time shall more than 4 people reside in the dwelling unit. • Shall not modify the Premises without prior approval from the City. • Will maintain sound attenuation measures and compliance with City codes at Lessee's expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease upon sixty (60) days' advance written notice. t nn CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding City Investments and Deposits MEETING DATE: January 20, 2015 ■ Background: The City Charter provides that the City Treasurer, as custodian of City funds, is responsible for the deposit and investment of City funds. In 1996, City Council adopted the City Investment Policy, which provides guidance to the City Treasurer regarding the investment of City funds. ■ Considerations: This resolution provides that City Council believes that taxpayer funds should not be deposited in any financial institution for which a member of City Council has a personal interest arising from the member's employment, or employment of an immediate family member, by a financial institution or any entity that has an affiliated business entity relationship or parent -subsidiary relationship with the financial institution. It further provides that the City Investment Policy shall be amended to provide that City investments should not be made with any such financial institution and that the City Council is of the sense that this resolution is necessary to eliminate any appearance of conflicts of interests. ■ Public Information: Councilmember Moss presented a preliminary draft of this resolution to City Council during the informal session of its televised public meeting on November 25, 2014. If the resolution is adopted, the resolution provides that the City Manager shall post a copy upon the front page of the City webpage and distribute copies by a formal press release to all print and digital media outlets in Hampton Roads. ■ Attachments: Resolution Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION REGARDING CITY 2 INVESTMENTS AND DEPOSITS 3 4 WHEREAS, the public trust is essential to effective governance; and 5 6 WHEREAS, even the appearance of a conflict of interests undermines the public 7 trust in government; and 8 9 WHEREAS, the City Council, as a body, has an obligation to take any and all 10 measures within its authority to preclude the appearance of a conflict of interests 11 regarding the deposit or investment of taxpayer money in financial institutions; and 12 13 WHEREAS, the City Treasurer, as custodian of City funds pursuant to section 14 8.03 of the City Charter, is responsible for the investment of City funds; and 15 16 WHEREAS, the City Council adopted a policy for the investment of City funds on 17 May 28, 1996, and this policy was most recently updated February 2014; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The City Council believes taxpayers' money should not be deposited in any 23 financial institution for which a sitting member of the City Council has a "personal 24 interest" arising from the member's employment, or employment of an "immediate 25 family" member of the Council member, by the financial institution or any entity that has 26 an "affiliated business entity relationship" or "parent -subsidiary relationship" with the 27 financial institution, based on the definitions of those terms as set forth in Virginia Code 28 § 2.2-3101. 29 30 2. The City Investment Policy is hereby amended to provide that City 31 investments, such as certificates of deposit, should not be in any financial institution for 32 which a sitting member of the City Council has a "personal interest" arising from the 33 member's employment, or employment of an "immediate family" member of the Council 34 member, by the financial institution or any entity that has an "affiliated business entity 35 relationship" or "parent -subsidiary relationship" with the financial institution, based on 36 the definitions of those terms as set forth in Virginia Code § 2.2-3101. 37 38 3. Upon adoption of this Resolution, the City Clerk is directed to deliver the 39 Resolution to the City Treasurer. 40 41 4. Upon adoption of this Resolution, the City Manager shall post a copy upon the 42 front page of the City webpage and distribute copies by a formal press release to all 43 print and digital media outlets in Hampton Roads. 44 45 5. The City Council is of the sense that this action is necessary to eliminate any 46 appearance of conflicts of interests. 47 48 6. This Resolution is effective upon adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2015. APPROVED AS TO LEGAL SUFFICIENCY: tt of s/ Office CA13170 R-3 January 9, 2015 r4�yy� 7t J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of- way for the Southern Canal and Lead Ditch Culvert Replacement Phase II Project (CIP 7-024), and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: January 20, 2015 ■ Background Head River Road, Indian Creek Road and Crags Causeway experience frequent flooding, and numerous residents are affected when these roads are impassible. Severe road flooding can interfere with emergency vehicle access and delivery of City services. This project will replace existing culverts, widen shoulders to allow for bicycle traffic, and install guardrails at three (3) locations. These culverts are located at Head River Road (with construction in February, 2015) and at Indian Creek Road and Crags Causeway (with construction in late Summer 2015). ■ Considerations: Right-of-way and easements have been acquired from all properties necessary for the Project, except one. This property affects both the Indian Creek Road and the Crags Causeway projects sites. There are no total acquisitions necessary. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Citizen Information Meeting was held on April 29, 2014. An advertisement of the public hearing was published in The Virginian -Pilot, Beacon. Advertisement of the City Council Agenda. ■ Funding: The acquisitions will be funded by CIP 7-024. ■ Alternatives: Approve the Ordinance as presented, or deny the request and risk cancelling the Project. ■ Recommendations: Approve the Ordinance. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering'p City Manager: k, w, ZV 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE SOUTHERN 4 CANAL AND LEAD DITCH CULVERT 5 REPLACEMENT PHASE II PROJECT (CIP 7- 6 024), AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT 8 EASEMENTS, EITHER BY AGREEMENT OR 9 CONDEMNATION 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists to improve transportation safety and reduce flooding along Head 13 River Road, Indian Creek Road and Crags Causeway within the City and for other related 14 public purposes for the preservation of the safety, health, peace, good order, comfort, 15 convenience, and for the welfare of the people in the City of Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et sec., and 22 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 23 fee simple, including temporary and permanent easements (the "Property"), as shown on 24 the plans entitled "Southern Canal and Lead Ditch Culvert Replacement Phase II CIP #7- 25 024 PWCN-14-0011," (the "Project") and more specifically described on the acquisition 26 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans 27 being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2015. PREPARED: 12/03/2014 CA13236 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d018\p019\00173185.doc AP OVED AS TO NTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM L RX REAL ESTATE CITY 'ATTORNEY ly a ON RF K � Sq NT AR R T ��\ ' FRD •` O 001 D a, Ro<i A a DOF R„l- a Z IKt GO fER RD� W ite s CITY OF CHESAPEAKE O t e a ro e I OWN PROJECT Berard & Linda Harrison Property P b PROJECT LOCATION Legend SOUTHERN CANAL Berard &Linda Harrison Property C I P 7-024 a o 0. S��NU �l X4 , 2 lu S, �t�i�v J ti CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City Property known as the Pinetree Branch of the Lynnhaven River located at the rear and a portion of the side of the property known as 2804 West Point Court for Jennifer M. Reed and Christopher S. 011ice. MEETING DATE: January 20, 2015 ■ Background: Jennifer M. Reed and Christopher S. 011ice (the "Applicants") have requested permission to maintain an existing fence, pier and modular jetski float; reconstruct and maintain an existing bulkhead (486 LF); and construct and maintain a proposed boatlift and pier, upon the. City's property known as the Pinetree Branch of the Lynnhaven River located at the rear and side of 2804 West Point Court. During review of this encroachment application, a shed was identified in the side -yard setback. The shed was reported to zoning. It does not appear that any permits were granted when the shed was installed by the prior owners. The shed was installed between 2008 and 2010. There are similar encroachments along the Pinetree Branch of the Lynnhaven River, which is where the Applicants have requested to encroach. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In regard to the shed discussed above, the Agreement provides that the permission granted herein does not extend to any accessory structures shown on the Agreement's exhibit. Also, the Agreement provides that the owners would need to procure any other permits required by law. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 -foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the Applicants' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The Applicants have submitted a plan for establishing a variable width (7,350 square foot) vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate hh tilt P9 City Manager: k ' GJ V O 2� \ v d1 v N L • V V � _ Q Q O Q O 41 N cr V O N E N W s ai V 0 m _o Ocu L q* v V O u a 00 W N U- 4- 0 O }, co O -C U O N - L Q) U_ QJ Q O tv0 O D- o O .N Q- X W � 0 3 ' L O i ( L O _ •Q CL Q a �4� -�e X a, Vf i -0�O 0 O 4J aA — Q O � U L 0 OC +j LL a, a O �D E Ht1p z � � c -I W C N O o_ m U O O i 00 v o c W N > (1) 4 L O O � Q O 4, O V1 U u O t o o a vr� v QU Ii 0 ro 0 CL hA U O c IR� N , Q :3 0 Q O N Q dA r ro 3 � 3 co C 0 0 Ccr a (� c s N _ E o 4-J •— a� Z5 0 aE O 4-0 X co 0 V) E v on VO V,YO � E O O 0 L i 00 v W N L ca U � _ N ca M 0) L � U Un CL L Q - N 4- CO Q ° �..r of i -0 V) Q 4� GJ = Cr V o a o E H U u O � Woo N \�j a i i F c n 0 r u y Oi d r\ J 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS THE 7 PINETREE BRANCH OF THE 8 LYNN HAVEN RIVER LOCATED AT 9 THE REAR AND A PORTION OF 10 THE SIDE OF THE PROPERTY 11 KNOWN AS 2804 WEST POINT 12 COURT FOR JENNIFER M. REED 13 AND CHRISTOPHER S. OLLICE. 14 15 WHEREAS, Jennifer M. Reed and Christopher S. 011ice, (the "Applicants") 16 desire to Grantee to maintain an existing fence, pier and modular jetski float; reconstruct 17 and maintain an existing bulkhead (486 LF); and construct and maintain a proposed boatlift 18 and pier, upon the City's property known as the Pinetree Branch of the Lynnhaven River 19 located at the rear and side of 2804 West Point Court. 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's right-of-way/property subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jennifer M. Reed and 31 Christopher S. 011ice, their heirs, assigns and successors in title are authorized to Grantee 32 to maintain an existing fence, pier and modular jetski float; reconstruct and maintain an 33 existing bulkhead (486 LF); and construct and maintain a proposed boatlift and pier, upon 34 the City's property as shown on the map entitled: "EXHIBIT "A" — ENCROACHMENT 35 REQUEST FOR JENNIFER M. REED & CHRISTOPHER S. OLLICE," a copy of which is 36 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 37 reference is made for a more particular description; 38 39 BE IT FURTHER ORDAINED, that the temporary encroachments are 40 expressly subject to those terms, conditions and criteria contained in the Agreement 41 between the City of Virginia Beach and the Applicants, (the "Agreement"), an unexecuted 42 copy of which has been presented to the Council in its agenda, and will be recorded among 43 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicants and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2015. CA13152 R-1 PREPARED: 11/6/2014 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFE Y AND FORM: 'PUBLIC -PM R -K -S, REAL ESTATE h�) CITY 1 E s FENCE ENCROACHES ,off 5 PINUREE BRANCH N EX. PIER ENCROACHES f -FLOOD 14.6' INTO CVB PROPERTYR w E PST H QF \ EBB— N� Moo � FT Ex �oPj J�SK Me sa s Pc 21 �� PIER'f Lo ExR MLW AND MHW AT PSE EX. BULKHEAD N/FCITY OF T. PROPOSED 7,350 SF LANDSCAPE GPIN: 114971R47N13785ACH RICHARD BARTLLII D S Ss•� RESERVED FOR BOAT BASIN AND DRAINAGE LIC. No. 18335 O . (M. B. 41, PG. 22) 58, PG. 21) o DECEMBER 11, 2014 CIS 60 6 p 5' UTILITY & DRAINAGE EASEMENT (M.B. Z , . RF3.900 SF .7 �<kNFgO` �SS/D `\ UNDERSTORY TREES: 3450 SF TURF W N A L o W `S 4' METAL sT4S0Q, FENCE ENCROACHES MULCHED TURF F6.2' INTO • 1$ PROPERTY CVB 00. � W AREA BULKHEAD START � 09 OR• \ o S TO BE PLANTED 4 BULKHEAD 41 � kp� GARDEN PLANTERW END 7 RF LOT 65 I� BUFFER AREA THAT WILL N/F NORMAN BENWITZ JR. 60 ARCHITECTURALLY BLEND WITH THE MULCH BED �. 2809 WEST POINT COURT Po• EX MULCH BEDS 0 W A �' EX. TRIEE (TYP) 7YP 40' R W . 0 EX. POOL ORNAMENTAL GRASSES TURF htv 0 0 4i MULCH BED 1.5 STY. BR & F R' MULCH 02804 R,'S LOT 67 ' EX 4' METAL EXHIBIT "A" — ENCROACHMENT REQUEST = N/F KEVIN KNIGHT s FENCE ENCROACHES ,off SHED 601 CHESOPEIAN TRAIL GPIN: 1497 sa 2539 6.4' INTO CVB W PROPERTY $ CONC., DRIVE. PROPOSED 7,350 SF LANDSCAPE �p BUFFER INCLUDES PLANTINGS OF: O PROPOSED 486 LF. 5' UTILITY & DRAINAGE EASEMENT LOT 66 WEST POINT CT (M. B. 58, PG. 21) CANOPY TREES: (19) BALD CYPRESS BULKHEAD 5E, PG. z,) GPIN: 1497-58-1609 UNDERSTORY TREES: (19) (19) NATCHEZ CREPE MYRTLES (19) BLOODGOOD JAPANESE MAPLE h BULKHEAD START � 09 OR• \ Cg8�2Q• S TO BE PLANTED 41 � kp� TONG THE) REESBAND THROUGHOUT LOT 65 �4 BUFFER AREA THAT WILL N/F NORMAN BENWITZ JR. 60 ARCHITECTURALLY BLEND WITH THE 2809 WEST POINT COURT Po• f�O11pT WCL+T POINT t�GJ 1, 1 y Vf\ SPECIES OF TREES PLANTED GPIN: 1497 48 9563 40' R MISC. GROUND COVER, 0 40' 80+ ORNAMENTAL GRASSES k PERENNIAL PLANTS BUFFER REQ•D: 488.5'x15'=7,328 SF SPECIES MAY VARY DEPENDING ON BUFFER PROVIDED: 7,350 SF AVAILABILITY AT TIME OF PLANTING 1" = 40' EXHIBIT "A" — ENCROACHMENT REQUEST FOR JENNIFER M. REED ZONING: R-15 ENGINEERING SERVICES PROVIDED BY: CHRISTOPHER S. OLLICE PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) n3 -110N DWL• RICKOPCC-LLC.COM DECEMBER 11, 2014 SHEET 1 OF 1 PINUREE BRANCH N 5 EXPIER ENCROACHES FLOOD 14.6" INTO CVB PROPERTY w e P�� H OIC - p�R EBe� �Nom. EX Kp0 PROp���� POSED 3E�s MB 58 S PG 21 � WATUFT�Cp EXMLW AND MHW AT PIER S, P\ER EX. BULKHEAD N/FGPCITY VIRGINIA u RICHARD T. BARTLC11 IN: 114973785BEACH RESERVED FOR BOAT BASIN LIC. N0. 18335 Sss•60.. AND DRAINAGE (M.B. 41, PG. 22) DECEMBER 11, 2014 (M.B. 58, PG. 21) PROPOSED 00 W �000\Q) 0000 ... DSCAPE LA FFERS 3.900 SF RF Z . q� N A L �\ W 3,450 SF W TURF 0 O `S4' METAL f 6T4500; FENCE ENCROACHES CVB MULCHED NRF 6.2' INTO F �5 00, PROPERTY W ,p AREA o BULKHEAD W .W GARDEN PLANTER W END � RF y.W.WZ MULCH BED W MX. W ULCH BEDS EX. TRE E (TYP) W O �P) EX. POOL . W LL hry TURF ° O MULCH BED 1•S $N BR & FR. P MULCH B D �p ° #2804 N LOT 67 W,j+ 2 F KEVIN IG HT EX. 4' METAL " 6011/ SHED CHESOPEIANRAIL FENCE ENCROACHES r� GPIN: 1497 58 2539 6.4' INTO CVB PROPERTY GONG.. �+ DRIVE` PROPOSED 7,350 SF LANDSCAPE V BUFFER INCLUDES PLANTINGS OF: O. 5' UTILITY & DRAINAGE LOT 66 WEST POINT CT CANOPY TREES: (19) BALD CYPRESS PROPOSED 486 LF. EASEMENT (M.B. 58, PG. 21) BU ' Vuc-^ y� (M.B. 58, PG. 21) LRfIM GPIN: 1497-58-1609 UNDERSTORY TREES: (19) NATCHEZ CREPE MYRTLES (19) BLOODGOOD JAPANESE MAPLE N •� BULKHEAD 600904• \ START C$eO20• SHRUS TO BE PLANED AM LOT 6 NOLO THE REESBAND THROUGHOTUT HEONG BUFFER AREA THAT WILL N/F NORMAN BENWITZ JR. 60 00, ARCHITECTURALLY BLEND WITH THE SPECIES OF TREES PLANTED 2809 WEST POINT COURT WEST POINT COURT GPIN: 1497 48 9563 40' RAW MISC. GROUND COVER, + 0 40 80, ORNAMENTAL GRASSES & PERENNIAL PLANTS BUFFER REO'D: 48B.5'x15'=7,328 SF SPECIES MAY VARY DEPENDING ON BUFFER PROVIDED: 7,350 SF AVAILABILITY AT TIME OF PLANTING EXHIBIT "A" - ENCROACHMENT REQUEST 1" = 40' FOR JENNIFER M. REED ZONING: R-15 CHRISTOPHER S. OLLICE ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) 773-SM4 EMAIL- RICKOPCC-LL.C.COM DECEMBER 11, 2014 SHEET 1 OF 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Fire Department's HazMat Team MEETING DATE: January 20, 2015 ■ Background: The City was notified that the Virginia Department of Emergency Management (VDEM) would be providing a grant of $165,547 in federal pass-through funding for Hazmat Team Equipment and Training. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Hazmat Team along with the cities of Portsmouth, Norfolk and Chesapeake. The funding will allow the HazMat Team to maintain its operational readiness for identifying and responding to hazardous and unknown substances. ■ Considerations: This grant is awarded by VDEM with funding originating from the U.S. Department of Homeland Security's National Preparedness Directorate, FY 2014 State Homeland Security Program (CFDA 97.067). There is no local match required for this program. The funds will allow the Fire Department to provide training ($12,000), maintenance ($15,000) and to purchase the following equipment: • Portable Capture and Containment System ($5,000); • Concrete coring tool and bits ($5,667); • Grip Hoist ($2,800); • Shoring equipment (15,080); • Structural Assessment, marking and monitoring tools ($15,000); • Raman Spectroscopy Detector ($45,000); • Multi Sensor Meter Detector ($43,800); and • Plume Modeling Software ($6,200). The end of the program period for obligation purposes is March 31, 2016. The deadline to complete expenditures and finalize the close out reporting process is April 30, 2016. ■ Public Information: Public information will be provided by the normal Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agncy: Fire Department City Manag �� , - �, & , 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR THE FIRE DEPARTMENT'S HAZMAT TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $165,547 is hereby accepted from the U.S. Department of Homeland Security by way of the Virginia Department of Emergency Management and appropriated, with estimated revenues increased accordingly, to the FY2014-15 Operating Budget of the Fire Department to provide training, maintenance, and the purchase of equipment that will allow the Hazmat Team to maintain its operational readiness for the response to and identification of hazardous and unknown substances. 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: APPROVED AS TO LEGAL SUFFICIENCY: -f—]c,` - 1 , - b if X01 Lk-� J Z142' - . r� — Budget and Management Service C' y Att ney's Office CA13250 R-1 January 7, 2015 CITY OF VIRGINIA BEACH AGENDA ITEM - ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management and to Provide the Required Local Match MEETING DATE: January 20, 2015 ■ Background: The City has been awarded $6,600 by the Virginia Department of Emergency Management (VDEM). This is a federal grant from the Department of Homeland Security that is passed through VDEM. This funding will be used to cover the costs of conducting a full scale exercise related to the transportation of hazardous materials. ■ Considerations: A 20% in-kind contribution is required for this program, which will be covered by personnel costs from the Hazmat Team's existing resources in the FY 2014-15 Operating Budget of the Fire Department. The end of the program period is September 30, 2015 to complete expenditures and finalize the close-out reporting process. ■ Public Information: Public information will be provided by the regular Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: K ,W'', V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT AND TO PROVIDE THE REQUIRED LOCAL MATCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $6,600 is hereby accepted from the Virginia Department of Emergency Management and appropriated, with estimated revenues increased accordingly, to the FY 2014-15 Operating Budget of the Fire Department for the Office of Emergency Management to conduct a full scale exercise related to the transportation of hazardous materials; and 2. That the required 20% local match will be provided by in-kind resources of the Fire Department's Hazmat Team. 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 Servi es CA13251 R-1 January 7, 2015 APPROVED AS TO LEGAL SUFFICIENCY: Ci,54!5y'gloffice J. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non -Conformity re single family dwellings at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 2. STEVE BARNES and MARY SUE and JAMES S. RIGGS at 1076 Sandbridge Road (Deferred December 2, 2014) DISTRICT 7 — PRINCESS ANNE: a. Variance to Section 4.4(1) of the Subdivision Regulations of the City Zoning Ordinance (CZO) b. Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B) c. Conditional Use Permit for a Farm Stand RECOMMENDATION APPROVAL 3. DOMINION VIRGINIA POWER for a Conditional Use Permit re to EXPAND a Public Utility Electric Transformer Station at 2056 Recreation Avenue DISTRICT 7 — PRINCESS ANNE RECOMMENDATION 4. KENNETH LEACH and TIMOTHY WHITE for a Conditional Use Permit re an Open Air Market at 2545 Sandpiper Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 5. OBEDIENT PAWS, LLC and ADAM and DIANE BLACKISTON for a Conditional Use Permit re a Home Occupation for boarding and training at 5013 Madeira Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 6. BEACH LAWN and GARDEN INC and GEORGE LEITZ for a Conditional Use Permit re Bulk Storage at 1760 Independence Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 7. NEWTOWN SQUARE ASSOCIATES, LLC and PROVIDENCE DEVELOPMENT CORP for a Change of Zoning from B-2 Community Business and A-18 Apartment to Conditional B-4 Mixed Use District Commercial re redevelopment of the site at 544 Newton Road and 525 Landfall Arch DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 8. CHECKERED FLAG MOTOR CAR COMPANY, INC and JULIA H. LAWRENCE TRUST: a Change of Zoning from A-12 Apartment and B-2 Community Business to Conditional B-2 Community Business at 324 Nelms Lane and Virginia Beach Boulevard b. Conditional Use Permit re Auto Sales and Service DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 9. AH SANDBRIDGE, LLC for Modification of Proffer No. 3 of a Conditional Change of Zoning at 2101 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION , , eIym 10. CITY OF VIRGINIA BEACH: a. Change of Zoning from B-2 Community Business to Conditional I-1 Industrial at London Bridge Road between Potters Road and I-264 re uses compatible with the Accident Potential Zone DISTRICT 6 — BEACH RECOMMENDATION APPROVAL b. AMEND Section 107 of the City Zoning Ordinance (CZO) re Proffered Conditions that deviate from allowable lot coverage RECOMMENDATION APPROVAL c. AMEND the Comprehensive Plan re Princess Anne and Transition Area, Chapter 4 of the Policy Document, and REVISE the Transition Area Design Guidelines RECOMMENDATION WIVRIJKey" d. AMEND Section 502 of the City Zoning Ordinance (CZO) re setbacks adjacent to the Atlantic Ocean RECOMMENDATION APPROVAL e. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans of Development for setbacks adjacent to the Public Beach of the Atlantic Ocean RECOMMENDATION APPROVAL 11. RESOLUTION re SIMON ACQUISITION II, LLC for a Comprehensive Plan Consistency Review for vehicular access RECOMMENDATION ADOPTION NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, January 20, 2015, at 6:00 P.M., at which time the following applications will be heard: DISTRICT 7 - PRINCESS ANNE Steve Barnes (A) Variance to the Subdivision Regulations, Section 4.4(b); (B) Variance to the Floodplain Ordinance, Sections 4.10(B) and 5.1(B); and (C) Conditional Use Permit for a farm stand at 1076 Sandbridge Road (GPIN 2423267173). Dominion Virginia Power Application: Conditional Use Permit (addition to a public utility transformer) at 2056 Recreation Avenue (GPIN 1484890177). Kenneth Leach/Timothy White Application: Conditional Use Permit (open air market) at 2545 Sandpiper Road (GPIN 2434104628). MCQ Builders, LLC - 1/B.H. VINELAND, LLC Application: Change in Non -Conformity at 1046 & 1050 Old Dam Neck Road and 1037 Dam Neck Road (GPIN 24156520060000; 24156408450000; 24156522050000). CITY OF VIRGINIA BEACH Ordinance to Adopt Amendments to Chapter 4 (Princess Anne & Transition Area) of the Policy Document of the Comprehensive Plan: (1) Description and general issues affecting development in Transition Area; (2) vision statement (mix of uses, transitional character, preservation of open space, waterways, natural resources, and recreational amenities); (3) development and design general policies (density/intensity, development techniques, architectural themes, historic preservation, AICUZ considerations); (4) open space & recreation (open space, roadway buffers, trail system; (5) infrastructure (availability and adequacy of public infrastructure phased development, concurrency with implementation of Capital Improvement Plan, public or private sewage disposal facilities, Master Transportation Plan, stormwater management); (6) residential development policies (dwelling unit density, parcel consolidation, lot area, active and passive open space, roadway buffers, trail/open space connectivity, fencing); (7) non-residential development policies (scale, intensity, location, site design, open space, parking, signage, trail connectivity). AND (B) Ordinance to Adopt Amendments to Transition Area Design Guidelines and incorporate by reference into Comprehensive Plan: (1) general physical design principles (applicability to connected "Special Places" designated in Comprehensive Plan, development and design techniques, open space, viewsheds, stormwater management, roadway buffers, trail linkage, design elements); (2) residential development (parcel consolidation, lot area, active and passive open space, connectivity, fencing, sewage disposal, sidewalk/non-vehicular mobility); (3) non-residential development (scale, intensity, location, open space, trail connectivity, stormwater management, natural area preservation, parking, signage); (4) design character of special places in or near Transition Area (Municipal Center, Princess Anne Historic Courthouse, Nimmo Church, Pungo, Environmental Education Center at Back Bay); (5) glossary of terms; (6) updated Trails and Open Space Network map. Ordinance to Amend Section 107 of the City Zoning Ordinance Pertaining to the Acceptance by City Council of Proffered Conditions that Deviate from Allowable Lot Coverage. DISTRICT 2 - KEMPSVILLE Newtown Square Associates, LLC/Providence Development Corp. Application: Change of Zoning from B-2 Community Business and A-18 Apartment to Conditional B-4 Resort Commercial at 544 Newtown Road and 525 Landfall Arch (GPINs 1468303340 and 1467392620). Proposal is to redevelop an existing shopping center with 268 apartment units and 18,000 square feet of commercial use. Comprehensive Plan - Suburban Area. DISTRICT 4 - BAYSIDE Obedient Paws, LLO/ADAM and DIANE BLACKISTON Application: Conditional Use Permit (home occupation) at 5013 Madeira Road (GPIN 1469919744). Beach Lawn and Garden Inc./George Leitz Application: Conditional Use Permit (bulk storage yard) at 1760 Independence Blvd. (GPIN 14792400820000). Checkered Flag Motor Car Company, Inc./Julia H. Lawrence Trust Application: (A) Change of Zoning from A-12 Apartment (324 Nelms Lane/GPIN 1467770065) and B-2 Community Business (5200, 5220, 5228, & 5232 Virginia Beach Boulevard /GPINs 1467761791, 1467760982, 1467669850 & 1467669913) to Conditional B-2 Community Business, (B) Conditional Use Permit for auto sales and service. DISTRICT 6 - BEACH City Of Virginia Beach Application: Change of Zoning from B-2 Community Business to Conditional 1-1 Industrial at London Bridge and Potters Roads and 1-264 (GPIN 2407048646). Purpose of zoning change is to allow for development of the site with uses that are compatible with Accident Potential Zone 1. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at h_I p; Lr_vw_vtr %ix For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon January 4 & 11, 2015 24463991 r4@�NuHI f0� I % Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCQ BUILDERS, LLC -1 (Applicant) / B.H. VINELAND, LLC (Owner), Enlargement to and Conversion of Nonconforming Uses, 1046 & 1050 Old Dam Neck Road & 1037 Dam Neck Road (GPIN 24156520060000; 24156408450000; 24156522050000). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: January 20, 2015 ■ Background: The applicant is requesting approval for an Enlargement and Conversion of Nonconforming Uses for the purpose of redeveloping a 2.6 -acre site with 12 single-family dwellings. ■ Considerations: The required public notice signs were not posted. Furthermore, Staff is still waiting for the applicant to provide additional information with regard to the proposal. ■ Recommendations: For the reasons above, this application must be deferred. Staff recommends an indefinite deferral. ■ Attachments: Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department City Manager. s k - am u e� (O ' 1 NE `4tL``wv�r CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: STEVE BARNES (Applicant) / MARY SUE & JAMES S RIGGS (Owners), (A) Variance to the Subdivision Reaulations, Section 4.4(b); (B) Variance to the Floodplain Ordinance, Sections 4.10(8) and 5.1(B); and (C) Conditional Use Permit for a Farm Stand. 1076 Sandbridge Road (GPIN 2423267173). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: January 20, 2015 ■ Background: The applicant has submitted three requests that are necessary to allow the applicant to expand an existing 2,250 square foot farm stand: • Conditional Use Permit (Agricultural product sales, and sales of agricultural -related products at buildings or structures larger than 3,500 square feet in area). This application was heard by the Planning Commission on November 12, 2014. On December 2, 2014, the City Council deferred the application to the January 20, 2015 meeting, as the Planning Commission had not yet considered the applications below. • Variance to the Subdivision Regulations • Variance to the Floodplain Ordinance ■ Considerations: The applicant currently operates a 2,250 square foot farm stand, located on a 38.27 -acre parcel. The applicant proposes to enlarge the existing farm stand to 5,400 square feet. Since the farm stand will exceed 3,500 square feet, a Conditional Use Permit is required and the expansion is subject to the requirements of Section 401(d) of the Zoning Ordinance. The applicant is currently not the owner of the property, but is proposing a subdivision of the 38.27 -acre parcel to create a 4.96 -acre lot that the applicant will own. The farm stand will be located on the lot, as well as growing fields for soy, herbs, and cut -flowers. The subdivision of the property, however, requires approval of a Subdivision Variance, as the entire site is located in the VE flood zone, which is a Special Flood Hazard Area (SFHA). The SFHAs located in Southern Rivers Watershed are designated as `Floodplains subject to special restrictions.' Section 200(c) of the Zoning Ordinance prohibits use of such floodplain area for the purpose of "determining minimum lot area requirements." As a result, neither the proposed 4.96 -acre lot nor the remainder of the existing parcel (residual lot) will have the required lot area or lot width. Accordingly, a STEVE BARNES Page 2 of 3 variance to Section 4.4(b) of the Subdivision Regulations is requested, as that section requires that lots created by subdivision must meet all requirements of the Zoning Ordinance. The scope of work includes expanding the existing roof structure 15 feet to the sides and rear, and adding a concrete slab under the covered area to create an open air area to display merchandise. The addition will be constructed to match the design of the existing structure. Since the site is located entirely within the Special Flood Hazard Area, a variance to the Floodplain Ordinance is required, as the concrete slab is considered fill within a floodplain. Further details pertaining to the proposal, as well as Staff's evaluation of the requests, are provided in the attached staff report. There was no opposition to the requests. ■ Recommendations: As noted above, there are three requests necessary for the applicant's proposal to proceed. The Conditional Use Permit was heard by the Planning Commission on November 12, 2015, and the commission placed the item on its Consent Agenda, voting 11-0 to recommend approval of the Use Permit to the City Council as with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the addition shall be developed substantially in conformance with the submitted site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD." 2. With the exception of any modifications required as a result of the review process for recording the final plat, the property shall be subdivided substantially in accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF MARTHA SUE RIGGS," dated September 30, 2014 and prepared by Bonifant Land Surveyors, Inc. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. On January 14, 2015, the requests for variances to the Subdivision Regulations and the Floodplain Ordinance were heard by the Planning Commission. The Planning Commission placed those items on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the requests to the City Council with the following conditions: The subject site shall be subdivided substantially in accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF STEVE BARNES Page 3of3 MARTHA SUE RIGGS", dated September 30, 2014 and prepared by Bonifant Land Surveyors, Inc. 2. The proposed "LOT B" shall be limited to agricultural uses, including the farm stand. "LOT B" shall not be a residential building site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: PRINCESS ANNE n. �la� i1-13 .7[CVC Dar11Cs M' to b S-nt �f AGI AG2 to IAG2 { y 1 AG2 :AG2 AG2 AGI gAN0SRIpIGE ROAD AG2 f i A= Av G , !a v was Cm Pi . 0p 5- P CUP for a Farm Stam D1 November 12, 2014 Public Hearin APPLICANT: STEVE BARNES PROPERTY OWNER: MARY SUE AND JAMES S. RIGGS STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit for a farm stand in excess of 3,500 square feet ADDRESS / DESCRIPTION: 1076 Sandbridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24232671730000 Princess Anne 38.27 acres (4.96- Less than 65 dB DNL new parcel) BACKGROUND / DETAILS OF PROPOSAL Backaround / Details: The applicant requests a Conditional Use Permit to allow for a farm stand to exceed 3,500 square feet. The existing 2,250 square foot farm stand is located on an approximately 38 acre parcel. It is the intent of the applicant to subdivide the parcel and create a 4.96 acre lot that will contain the farm stand, as well as growing fields for soy, herbs and cut -flowers. The applicant wishes to enlarge the existing farm stand to 5,400 square feet. The addition will increase the footprint of the farm stand by 15 feet on both sides and the rear of the structure. Parking is accommodated in a gravel area to the front of the farm stand. The two ingress/egress access points from Sandbridge Road will remain. The farm stand is open from late April until mid-September and has hours of operation of 8:00 a.m. to 6:00 p.m. The farm stand sells locally produced poultry, meats, eggs, flowers and a variety of other locally grown and manufactured products. The owner of the farm stand has a Farm Service Agency (FSA) number from the United States Department of Agriculture (USDA) and operates a farm in the City. STEVE BARNES Agenda Item D1 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Farm stand and growing fields SURROUNDING LAND North: . Growing fields / AG -1 Agriculture District USE AND ZONING: South: . Sandbridge Road • Single-family home & growing fields / AG -2 Agriculture District East: . Single-family home / AG -2 Agriculture District West: . Single-family home / AG -2 Agriculture District NATURAL RESOURCE AND A majority of the site is undeveloped land used to farm flowers, CULTURAL FEATURES: soy beans and herbs. A portion of the site is developed with a farm stand and gravel parking area. The site is located in the Southern Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 to 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Sandbridge Road is a two-lane minor rural arterial in the vicinity of this site. This section of Sandbridge Road has a variable right-of-way width and it is included on the Master Transportation Plan as an ultimate 100 foot right-of-way rural two lane section. There is currently no capital improvement project scheduled for this segment of Sandbridge Road. STEVE BARNES Agenda Item D1 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 10,616 ADT 13,600 ADT (Level of No trip generation Service "C") data available for this 15,000 ADT' (Level of use Service "D" Average Daily Trip EVALUATION AND RECOMMENDATION The applicant is requesting a conditional use permit to enlarge an existing farm stand. No changes are proposed to the operation of the farm stand. The addition will be constructed to match the design of the existing structure. The site also contains growing fields that will be cultivated and the products sold at the farm stand. The proposed expansion is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as well as being consistent with the character of the surrounding area. Additionally, this proposal meets the requirements of Section 401 (d) of the Zoning Ordinance for a farm stand. For the reasons stated above, staff recommends approval of this request with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the addition shall be developed substantially in conformance with the submitted site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD", prepared by the Planning Staff and reviewed by the applicant. 2. With the exception of any modifications required as a result of the review process for recording the final plat, the property shall be subdivided as shown on the site plan entitled "Exhibit A", prepared by Phil Bonifant. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. STEVE BARNES Agenda Item D1 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. STEVE BARNES Agenda Item D1 Page 4 FARM STAND AS SEEN FROM SANDBRIDGE ROAD STEVE BARNES Agenda Item D1 Page 6 llago S.t.w b A—n i" I., P •e: EXHIBIT .� Ya l.. r ,. 24A2*~ 703lA1.7 T7 A[N[5 PROPOSED PROPERTY LINES Lx 8 - rbamsrn7ua.e►.t�w; Av i"+n1Riep(Q7ap 0. W un34GiW MAMA 3wPAW N717 011 P -K P � YA 1: 31 VlbOG4' PA^e z1�se�.s so. n. GROWING FIELD- SOY FARM STAND 4.06 Ao%M PARKING =M.:b¢�GE R1R1 GROWING FIELD- CUT FLOWERS sce PC- v, - is. - PROPOSED SITE PLAN STEVE BARNES Agenda Item D1 Page 7 EXISTING SITE LAYOUT STEVE BARNES Agenda Item D1 Page 8 PROPOSED SITE LAYOUT STEVE BARNES Agenda Item D1 Page 9 ZONING HISTORY # DATE REQUEST ACTION 1 02/01/2006 Use Permit (Country Inn) Deferred 2 01/04/2000 Floodplain Variance Approved 11/23/1999 Floodplain Variance Denied 06/09/1998 Use Permit (Cellular Tower) Approved 09/09/1997 Use Permit (Cellular Tower) Approved 05/19/1980 Use Permit (Golf Course) Approved 3 04/14/1969 Use Permit (Mobile Home Park) Approved s"Gt'N A Act STEVE BARNES Agenda Item D1 " a Page 10 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Steve Barnes Cj,thra 1.). 'Srnas 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Ef"Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Martha Sue Riggs and James S. Riggs 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ,Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next pace for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT STEVE BARNES Agenda Item D1 Page 11 r 14 ADDITIONAL DiSCLOSUlRES List SII 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 s2lylces: (Attach Aet.lf necessarvi Steve Barnes will perform all conttrOction work r "Parent-stabaldlary retation1hlp" means "a relationship that exists when one corporation dlrectty or Indirectly owns shares possessing more than 60 percent of the voting power of another corporation." See State and Local Govemmsnt Conflict of Interests Act, Va. Code § 2.2.3101. 2 "Affillated business entity relationshiW means "a relationship, other then parent- eubsldWy- r+el2 ftwhip; that exists when (1) one business entity has a controlling ownership Interest In the other business •entity, (10 a controlling owner In one entity Is also a controlling pruner in the other entity, or (ill) there Is shared management or control between the business eludes. Factors that should be considered in determining the wdstsnoe of an affiliated WOW" entity rel0lonshfp Include that the same person or substantially the same person own or manage the twa shtifles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, reawtow or pommel on a regular basis; or there is otherwise a.close working relationship beh*en the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.23101. CERTIFICATION: I certify that the Information contained herein is true and accurate, I understand that, upon receipt of notiftcadon (postcard) that the applicalon has been scheduled for pulfiic hewft I am responsible for obtaining and posting the required Sian on the subject property at least 30 days prior to then scheduled public hearing according to the lnelruotlons to this package. The undersigned also consents to entry upon the subject property by emplowes of the Department of Planning otograph and view the site for purposes of processing and evaluating Ibis application. J aAppi o 1:1 818nat". Print Name Je ntGs� . JQ� res 5 - ea:'rwa S. 'R 6's roperty Owner's Signature (it ifferent than apP110ant)v ky Print Name DISCLOSURE STATEMENT STEVE BARNES Agenda Item D1 Page 12 PRINCESS ANNE .%Is� nteve narnes ACl _ AG1 i - AG2 JAGI AG2 0 >>, AG2 AGI SANDBRID(; D !:A AG2 ° a � —,n—. 0—S. -vim,- Subdivision Varian 13 January 14, 2015 Public Hearing APPLICANT: STEVE BARNES PROPERTY OWNER: MARY SUE AND JAMES S. RIGGS STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (b) of the Subdivision Ordinance, which requires that lots meet all the requirements of the Zoning Ordinance. Floodplain Variance to Section 4.10 of the Floodplain Ordinance relating to fill within the Floodplain Subject to Special Restrictions. ADDRESS / DESCRIPTION: Property located on the north side of Sandbridge Road, at 1076 Sandbridge Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24232671730000 PRINCESS ANNE 38.27 acres (4.95 Less than 65 dB DNL acres- proposed parcel) BACKGROUND / DETAILS OF PROPOSAL Subdivision Variance Existing Lot: The existing 38.27 acre lot is zoned AG -1 and AG -2 Agriculture Districts. While there is an existing single-family dwelling and farm stand on the property, the majority of the property is undeveloped land with areas under cultivation. Proposed Lots: It is the intent of the applicant to create a 4.95 acre parcel so that the existing farm stand will be located on its own parcel. The remaining lot will be approximately 33 acres. The entire site is located in the Special Flood Hazard Area (VE flood zone). Section 200 (c) of the Zoning Ordinance states that "Floodplains subject to special restrictions pursuant to section 4.10 of the Floodplain Ordinance (Appendix K) shall not be included in determining minimum lot area requirements." As a result, neither the STEVE BARNES Agenda Item 13 Page 1 proposed lot nor the residual lot will have the required lot area or lot width, thus a Subdivision Variance is requested. i Lot A Lot B I Actual * Section r-------------I Actual " Section 1 I Lot Width in feet 1 1 0 feet 1 I * 0 feet 1 1 33 acres a prox. I LOT B I LOT A I µes aeras) 1 (approOndoly u acres) 1 1 1 1 I 1 1 I I I 1 FARM STAND 1 I I I I Ws I 1 I 1 I I I I `SINGLE-FAMILY I 1 DWELLING I 1 I I _--------1 I — ------ ---_- Item Lot A Lot B Required Actual * Section Required Actual " Section 200 c 200 c Lot Width in feet 150 feet(approx.) 2100 feet 0 feet 150 feet 292.26 feet * 0 feet Lot Area in square feet 1 acre 33 acres a prox. ' 0 acres 1 3 acres 1 4.95 acres 1 0 acres Variance required. Section 200 (c) states that any area located in a Floodplain Subject to Special Restrictions pursuant to section 4.10 of the Floodplain Ordinance (Appendix K) shall not be included in determining minimum lot area requirements. Lots A and Lot B are entirely located within a Special Flood Hazard Area. Floodplain Variance Background/ Details: A Conditional Use Permit for the expansion of the existing farm stand was recommended for approval by the Planning Commission on November 12, 2014. The Use Permit application is awaiting approval of this request before it is placed on a City Council meeting agenda. The Use Permit is requested so that the applicant can construct an expansion to the existing farm stand. The scope of work includes expanding the existing roof structure 15 feet to the sides and rear, and adding a concrete slab under the covered area to create an open air area to display merchandise. A Floodplain Variance is required to construct the concrete slab (fill) as the site is located entirely within the Special Flood Hazard Area. STEVE BARNES Agenda Item 13 Page 2 Section 4. 10 of the Floodplain Ordinance states: B. The following provisions shall apply within the floodplain subject to special restrictions: 1. Notwithstanding any provision of this ordinance to the contrary, no filling shall be permitted, including filling with material excavated from the same floodplain except for. a. The purpose of public roadway or other similar public works construction; b. The maintenance, alteration, or relocation of bona fide agricultural ditches, swales, or agricultural pathways or those ditches required for proper lot drainage; C. For shoreline stabilization or maintenance projects, such as riprap revetment, bulkheads, or other treatment used to stabilize and protect the banks of waterways, the city manager or his designee may approve the placement of fill provided the following criteria are met.- i. et.i. A joint permit application is submitted, ii. The alignment of the stabilization structure is along the escarpment or in line with adjacent stabilization structures; and iii. Fill must be the minimum necessary to support the stabilization project. Because the entire parcel is located within the VE flood zone there is no opportunity to mitigate. The total amount of fill (concrete slab) being added to the site is approximately 2,250 square feet to a depth of 4 inches. Thus, the impacted area is approximately one percent of the 215,551 square foot proposed lot, all of which is located in a Special Flood Hazard Area. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family home, farm stand and growing fields SURROUNDING LAND North: . Growing fields / AG -1 Agriculture District USE AND ZONING: South: . Sandbridge Road • Single-family home & growing field / AG -2 Agriculture District East: . Single-family home / AG -2 Agriculture District West: . Single-family home / AG -2 Agriculture District NATURAL RESOURCE AND A majority of the site is undeveloped land, some of which is used to CULTURAL FEATURES: farm flowers, soy beans, and herbs. A portion of the site is developed with a single-family home, and a portion with a farm stand and gravel parking area. The site is located in the Southern Rivers Watershed. Hells Point Creek runs adjacent to the eastern property line. The entire site is located in the Special Flood Hazard Area (Zone VE). COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of STEVE BARNES Agenda Item 13 Page 3 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. (pp. 3-1 to 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Sandbridge Road is a two-lane minor rural arterial in the vicinity of this site. This section of Sandbridge Road has a variable right-of-way width and it is included on the Master Transportation Plan as an ultimate 100 foot right-of-way rural two-lane section. There is currently no capital improvement project scheduled for this segment of Sandbridge Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Sandbridge Road 10,616 ADT 13,600 ADT (Level of No trip generation Service "C") data available for this 15,000 ADT' (Level of use. Service "D" Average Daily Trips Section 9.3 of the Subdivision Ordinance states: "No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance." STEVE BARNES Agenda Item 13 Page 4 The adoption of the new Floodplain Ordinance in November 2013 expanded upon the criteria for a variance that were previously located in the Site Plan Ordinance. The review of a request for a variance under the present Floodplain Ordinance is provided by Section 6.2 as well as Section 6.4. Section 6.2 A. Notwithstanding any other provision of this ordinance, the City Council shall have the authority to grant such variances from the terms of this ordinance as will not be contrary to the public interest in cases in which the strict application of the provisions of this ordinance would effectively prohibit or unreasonably restrict the use of the subject property. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase of the base flood elevation. B. In acting upon applications for variances, the City Council shall satisfy all relevant factors and procedures specified in other sections of this ordinance and shall consider the following additional factors: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept on to other lands or transported in floods posing the risk of injury to others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. 10. The safety of access by ordinary and emergency vehicles to the property in time of flood. 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 13. Such other factors that are relevant to the purposes of this ordinance. Section 6.4 No variance shall be granted unless the following requirements are met: A. Such variance will not create or result in: STEVE BARNES Agenda Item 13 Page 5 Unacceptable or prohibited increases in flood heights; 2. Additional threats to public safety; 3. Extraordinary public expense; 4. Nuisances; or 5. Fraud or victimization of the public. B. The granting of such variance will not be detrimental to other property in the vicinity. C. The circumstances giving rise to the variance application are not of a general or recurring nature. D. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. E. The granting of such variance will not be in conflict with any city ordinance or regulation. F. Variances shall be the minimum necessary to provide relief. G. All variances shall meet all of the requirements for the Chesapeake Bay Preservation Area Ordinance (Appendix F) and the Southern Rivers Watershed Management Ordinance (Appendix G), unless a variance therefrom is granted. In sum, in its review of the requested variance, City Council is required to consider the factors listed in Section 6.2 (as well as any other factor or procedure that is elsewhere in the ordinance and may be found to have relevance). The consideration of these factors provides the City Council with a first -level evaluation with regard to the need for the variance, the potential impacts resulting from granting the variance, and the effect of the variance, if granted, on the overall floodplain system in the proximity. This first -level evaluation leads to a more informed second -level of evaluation, which is the determination of whether a variance should be granted. That determination is based on City Council's finding based on the variance standards in Section 6.4. While the majority of Section 6.4 lists the common standards to be used in determining whether a variance should be granted, the standards listed in Section 6.4(A) are greatly informed by City Council's consideration of the factors in Section 6.2. Thus, when considered together, Sections 6.2 and 6.4 are the basis upon which the City Council is to make its determination of whether a variance is warranted. EVALUATION AND RECOMMENDATION The subject site is located entirely within a Special Flood Hazard Area. If the proposed lots were not located within a flood zone, both lots would exceed the dimensional requirements for the AG -2 District. The farm stand that exists on the proposed 4.95 -acre lot has been at that location for many years. The amount of concrete (fill) being added to accommodate the expansion is minimal, and staff feels that this circumstance is unique to this site and not reoccurring in nature. The Floodplain Variance request, in Staffs opinion, sufficiently addresses the standards set forth for the granting of a variance to disturb the Special Flood Hazard Area. The physical characteristics of the property require filling and disturbance in the floodplain, as the entire site is impacted by the floodplain. Disturbance in the floodplain is minimal, as only approximately one percent of the entire Special Flood Hazard Area on the site will be impacted by the proposal. Based on this, Staff recommends approval of the Floodplain Variance. STEVE BARNES Agenda Item 13 Page 6 CONDITIONS 1. The subject site shall be subdivided substantially in accordance with the submitted exhibit entitled "PRELIMINARY SUBDIVISION PROPERTY OF MARTHA SUE RIGGS", dated September 30, 2014 and prepared by Bonifant Land Surveyors, Inc. 2. The proposed "LOT B" shall be limited to agricultural uses, including the farm stand. "LOT B" shall not be a residential building site. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. STEVE BARNES Agenda Item 13 Page 7 AERIAL OF SITE LOCATION STEVE BARNES Agenda Item 13 Page 8 PRELIMINARY SUBDIVISION PLAT STEVE BARNES Agenda Item 13 Page 9 ✓ 010 it uj ix a. & PRELIMINARY SUBDIVISION PLAT STEVE BARNES Agenda Item 13 Page 9 .0 A :N, LOT A J SINGLE-FAMILY DWELLING Marthe Sue Riggs 5 d9 912E PRELIMINARY SUBDIVISION PLAT STEVE BARNES Agenda Item 13 Page 10 3.43ZM.071 N 12.220.153.155 e FARM STAND 5Q Fl �.�J� alk•! •. LOT B �9 �Q \ :N, LOT A J SINGLE-FAMILY DWELLING Marthe Sue Riggs 5 d9 912E PRELIMINARY SUBDIVISION PLAT STEVE BARNES Agenda Item 13 Page 10 ZONING HISTORY # DATE REQUEST ACTION 1 12/02/2014 Use Permit Farm stand) Approved 2 02/01/2006 Use Permit Country Inn) Deferred 3 01/04/2000 Floodplain Variance Approved 11/23/1999 Floodplain Variance Denied 06/09/1998 Use Permit (Cellular Tower) Approved 09/09/1997 Use Permit (Cellular Tower) Approved 05/19/1980 Use Permit (Golf Course) Approved 4 04/14/1969 Use Permit Mobile Home Park) Approved STEVE BARNES Agenda Item 13 Page 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Steve Barnes C�nthta Wrn�S 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Ef"Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Martha Sue Riggs and James S. Riggs 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT SUBDIVISION VARIANCE STEVE BARNES Agenda Item 13 Page 12 7 14 ADDITIONAL. DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested,p,operty use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal sg!ylces. (Attach llst.lf necessarv) ' "Parent-aubsldlary relationship" means "a relationship that exists when one corporation directly or indirectly owns shams possessing more than 60 percent of the voting power of another corporation." Sea State and Local Government Conflict of Interests Act, Va. Code § 2..2.3101. "Affiliated business entity relationship" means "a relationship, other than parent- dubsidlery relattionship; that exists when (1) one business entity has a controlling ownership Interest In the tither business entity, (11) a controlling owner In one entity is also a controlling oWner In the other entity, or (111) there Is shated management or control between the business efttfties. Factors that should be considered in determining the existence of an affiliated busin"s. entity rolalionship Include that the some person or substantially the some person own or menage the two ahtitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resoumw or pemennel on a regular basis; or there is otherwise a.close working relationship between'the entities." See State and local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notiffcatton (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required slgn on the subject property at feast 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 Doartment of Planning o holograph and view the site for purposes of processing and evaluating this application. Appl:cent N Slgnat i s- Print Name JAM CS S 5 t a�c`r'rf+i �. 72i +trbtt roperty Owner's Signature (if 0ferent then applloant) Print Name DISCLOSURE STATEMENT SUBDIVISION VARIANCE STEVE BARNES Agenda Item 13 Page 13 , APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) STWC t Ofrtnria W. ?fie%) S 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 1 i go Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the Offy of Virginia Beach have an interest in the subject land? Yes F� No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT FLOODPLAIN VARIANCE STEVE BARNES Agenda Item 13 Page 14 to i t� 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 providees of architectural services, real estate servioes, financial services, accvunttrtg services, and legal services; (Attach fist If necessary) , te,-ve Barnes will perform all construction work "Parent-eubstdlary rplattonshlt" rneahs "e retaltonshlp that -exists when one corporation. directly or indirectly owns she tee lads'seeing more than 60 perroont of the voting power of another corporation. See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ° `Affiliatod business entity relationship" means "a relationghip, other then parent, .subsidiary relationship, that exists when (1) one bUslnese entity hes a controlling ownership Interest In the other business entity, (li) a controlling owner in one entity is also a controlling owrtar in the gather entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered In determining the oWenee of an affiliated 'business entity relationship Include the 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 ar employees or otherwise share activitles, resources or personnel on a regular basis; or there fs otherwise a close working relationship between the entitles," Sae State and t.ocei Government Conflict of Interests Act, Va. Code 2.�w3101, C15RTIF11CATION. i cert)fy that the information contained herein )s tru6 and accurate. .t priderstond that, upon rbcelpf of notification-(postcwd) that,the appliWHoh hss been schodulsd for puhle, hearing, I am responsible for obtaining and osting the-requkird sign oa•ifxa st btf property at toot aid drays prior to the scheduled publro hearing 86cordfng is the finstruc@ons In this package. The undersigned also consents to entry upon the subject property by employees of the Department of PlarnminnAo, photograph and view the site for purposes of processing and evaluating this sppheailon. aure Print Name ..rti.lot Javrle.s v. TZ )wner's Signature different than appHten Pnni Name - DISCLOSURE STATEMENT FLOODPLAIN VARIANCE STEVE BARNES Agenda Item 13 Page 15 Item #D1 Steven Barnes Conditional Use Permit 1076 Sandbridge Road District 7 Princess Anne November 12, 2014 CONSENT An application of Steven Barnes for a Conditional Use Permit for a farm stand in excess of 3,500 square feet on property located at 1076 Sandbridge Road, District 7, Princess Anne. GPIN: 24232671730000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the addition shall be developed substantially in conformance with the submitted site drawing entitled, "STEVE BARNES- FARM STAND EXPANSION, 1076 SANDBRIDGE ROAD", prepared by the Planning Staff and reviewed by the applicant. 2. With the exception of any modifications required as a result of the review process for recording the final plat, the property shall be subdivided as shown on the site plan entitled "Exhibit A", prepared by Phil Bonifant. 3. The farm stand shall not be open for business except between the hours of 7:00 a.m. and 8:00 p.m. A motion was made by Commission Hodgson and was seconded to approve item D1. By a vote of 10-0-1 with the abstention so noted, the Commission approved item D1 by consent. The applicant Steven Barnes appeared before the Commission. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY ABS I N MAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSK AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0-1 with the abstention so noted, the Commission approved item D1 by consent. The applicant Steven Barnes appeared before the Commission. �N dlL� fOS, 4- " si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DOMINION VIRGINIA POWER (Applicant/Owner), Conditional Use Permit (Addition to a Public Utility Transformer), 2056 Recreation Avenue (GPIN 1484890177). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: January 20, 2015 ■ Background: The applicant is requesting a Conditional Use Permit for an expansion of a Public Utility Electric Transformer Station. Six acres of the 17 -acre site is currently developed with an electric transmission substation. A Use Permit for the existing substation was approved by City Council in 1987. ■ Considerations: The submitted site plan shows a proposed 1.26 -acre expansion to the west of the existing substation. The purpose of the expansion is to install equipment that stabilizes voltage, particularly in reaction to transient events such as lighting strikes and short circuits. The expansion includes a 2,736 square foot building, a propane tank enclosure, and an on-site generator. The existing fence will be extended around the addition. New landscape planting will be installed between the addition and Recreation Drive. Access to the site will remain at its current location on Recreation Drive. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed, landscaped, and maintained substantially in conformance with the submitted site plan entitled "CONDITIONAL USE PERMIT (SHEET 2) DOMINION VIRGINIA POWER Page 2 of 2 LANDSTOWN SUBSTATION SVC EXPANSION PLAN VIRGINIA BEACH, VIRGINIA", dated June 3, 2014 and prepared by Dominion. 2. The proposed STATCOM building, identified on the submitted site plan as "PROPOSED 24'X 114'X 17' TALL SVC BUILDING", when constructed, shall be in substantial conformance with the exhibits entitled, "SVC BUILDING ELEVATIONS SHEET 1 OF 2" and "SVC BUILDING ELEVATIONS SHEET 2 OF 2", dated April 4, 2014 and prepared by Beta Engineering. ■ 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: City Manager. /— Planning Department IRINCESS ANNE Nuc -Ir Dominion Virginia Power - . _ - _ s'r ,- AGI -- - _ M t - AM z"" w Caara+RA . 0� so" P� CUP for Public Utility TranstoMw nnnion / Line REQUEST: Conditional Use Permit (Public Utility Transformer Station / Line) ADDRESS / DESCRIPTION: 2056 Recreation Avenue 1 December 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER: DOMINION VIRGINIA POWER STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14848901770000 PRINCESS ANNE 17.29 acres 65-70 dB DNL; 70-75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backnround The applicant purchased the subject 17.29 -acre parcel in 1973. The site is currently developed with an electrical substation encompassing approximately 6 acres of the parcel. A Use Permit for the existing substation was approved by City Council in 1987. New regulations imposed by the Environmental Protection Agency (EPA) make most existing coal-fired power stations no longer cost-effective to operate. As a result, in 2016, multiple generator units at the Yorktown and Chesapeake Center Power Stations will be retired. This will negatively impact the transmission system in Virginia Beach. In order to maintain voltage quality and stability, mitigation devices need to be added to the transmission grid. As such, the applicant proposes to add a 'Static Synchronous Compensator (STATCOM)' to the existing substation. A STATCOM is a device based on a 'Voltage Source Converter (VSC)' that is used to provide voltage stability, which is particularly important when reacting to transient events such as lighting strikes and short circuits. DOMINION VIRGINIA POWER Agenda Item 1 Page 1 Details The submitted site plan shows a proposed 1.26 -acre expansion to the west of the existing substation. The expansion includes a 2,736 square foot STATCOM building, 114 feet in length, 24 feet in width and 17 feet in height. A propane tank enclosure is also proposed to the south of the expansion. The propane will fuel the on-site generator. Access to the site will remain at its current location on Recreation Drive. The perimeter fence around the existing substation will be extended around the proposed addition. The new fence will be eight (8) feet in height with one (1) foot of barbed-wire on top. The westernmost fence of the existing substation will be removed, as it will no longer be part of the perimeter fence. The submitted site plan shows a combination of plant materials that will be installed along Recreation Drive to provide screening from the right-of-way. All mature vegetation on the site will remain. The ground cover of a majority of the substation expansion will consist of pervious rocks, with a minimum depth of four (4) inches. A crushed gravel road will extend around the perimeter of the entire substation, including the proposed expansion. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Public Utility Transformer Station SURROUNDING LAND North: . Cemetery / AG -2 Agricultural District USE AND ZONING: South: . Landstown Centre Way • Sportsplex / AG -1 Agricultural District East: . Future office buildings / Conditional 1-1 Light Industrial District West: . Recreation Drive • Future YMCA and Pool facility / Conditional B-2 Community Business District NATURAL RESOURCE AND The site contains a Public Utility Transformer Station and a large CULTURAL FEATURES: undeveloped grassy and wooded area. The site is located in the Southern Watershed. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area (SEGA 4). The controlling master plan for Princess Anne SEGA 4 is the Interfacility Traffic Area (ITA) and Vicinity Master Plan. The general vision for this area is to create campuses for work, education, research, recreation, and worship. At build out, this area will have evolved into a continuous open space experience tied together by trails and waterways, and landscaped as a continuous garden within which activities are accommodated (p. 21, ITA & Vicinity Master Plan). More specifically, this site is within the Athletic Village of North Princess Anne Commons. North Princess Anne Commons is primarily located southwest of the intersection of Rosemont Road and Dam Neck Road, east of the single-family residential development of Salem Lakes, north of Landstown Road, and encompasses the Virginia Beach National Golf Course. As a prominent 'place maker' in the city, this area not only serves as a principal gateway to the Virginia Beach Municipal Center and court complex, it has become a premier destination, as it includes the Virginia Beach Amphitheater, Sportsplex, aril 1 DOMINION VIRGINIA POWER Agenda Ian 1 -Page 2 National Field Hockey Training Center, and offers the public a wide range of special events and services. This destination will continue to offer citizens and visitors experiences that will enrich their lives and reaffirm that Virginia Beach is a community for a lifetime, (pp. 4-1 to 4-10). IMPACT ON CITY SERVICES City services are not affected by this request. EVALUATION AND RECOMMENDATION Staff recommends approval of this request to expand the existing (Landstown) electric transformer substation. In 2016, multiple coal-fired generator units in this region of the state will be retired. The proposed expansion of this substation will help maintain voltage quality and stability that will better accommodate the growing demand for electricity as the surrounding area continues to develop. The proposed expansion will also increase the transmission system's ability to regulate voltages and respond to transient events such as lightning strikes and short circuits. Mature vegetation on the site provides adequate screening of the substation from the adjacent properties to the north, south, and east. Additionally, the applicant will install trees to provide screening along Recreation Drive. The proposed expansion will be a low -impact development in terms of visual, noise, and traffic impacts to the surrounding area. The most visible element of the proposed expansion is the STATCOM building, which is 17 feet tall, but shorter than the existing equipment on site. The proposed expansion meets all the dimensional requirements of Section 402 of the Zoning Ordinance (Agricultural District) and is consistent with the Comprehensive Plan's land use policies for the Princess Anne Special Economic Growth Area, as it is part of the overall infrastructure that supports the uses in this area. Based on the considerations above, staff recommends approval of this request with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed, landscaped, and maintained substantially in conformance with the submitted site plan entitled "CONDITIONAL USE PERMIT (SHEET 2) LANDSTOWN SUBSTATION SVC EXPANSION PLAN VIRGINIA BEACH, VIRGINIA", dated June 3, 2014 and prepared by Dominion. 2. The proposed STATCOM building, identified on the submitted site plan as "PROPOSED 24*,. X, DOMINION VI � iN1A POER agenda It. 1 P� e 3 114'X 17' TALL SVC BUILDING", when constructed, shall be in substantial conformance with the exhibits entitled, "SVC BUILDING ELEVATIONS SHEET 1 OF 2" and "SVC BUILDING ELEVATIONS SHEET 2 OF 2", dated April 4, 2014 and prepared by Beta Engineering. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. DOMINION INIA POWER Agenda 11 1 P,4 AERIAL OF SITE LOCATION DOMINION VIRGINIA POWER Agenda Item 1 Page 5 4 t PROPOSED SITE PLAN DOMINION VIRGINIA PO,ER 2 Agenda ItW 1 Page 7 OUR NAt�� 3 PROPOSED SITE PLAN DOMINION VIRGINIA PO,ER 2 Agenda ItW 1 Page 7 OUR NAt�� 3A180 N011V3H338 LANDSTOWN SUBSTATION EXPANSION PLAN DOMINION VIRGINIA POWER Agenda Item 1 Page 8 STATCOM BUILDING ELEVATIONS « /}B\ DOMINION VIRGINIA POWER \\ \ Agenda Item ] \\. Page 9 . 24' ~ �. k § 12,Iz \ 2 f| - ��- \ .� / §.»\ | � :�. +m _ «J< d�K , � ,■ — / � w w � | | | Ell � o « w _ � � ■ | � _ STATCOM BUILDING ELEVATIONS « /}B\ DOMINION VIRGINIA POWER \\ \ Agenda Item ] \\. Page 9 . 24' STATCOM BUILDING ELEVATIONS DOMINION VIRGINIA POWER Agenda Item 1 Page 10 A-S � f��'® \ His ■ 0 P 0 i®± ' �� �} C q , � \ 0 ` Ll� /��� �# � '� | §�`||||� §|§§■■■' xx �� STATCOM BUILDING ELEVATIONS DOMINION VIRGINIA POWER Agenda Item 1 Page 10 PRINCESS ANNE Ma G-11 Man Not to Scale Dominion Virginia Power i s••c�J�<� _v :�v 'i=���-{-->•�•■lam � r�1 N. 'Zoning with Conditions Proffers. Open Space promotion CUP for Public Utility Transformer Station / Line ZONING HISTORY # DATE REQUEST ACTION 1 12/03/2013 Modification of Conditions Approved 04/24/2012 Use Permit (Hospital) Approved 2 05/14/2013 Change of Zoning (AG -2 to Conditional 0-2) Approved 3 04/24/2012 Change of Zoning (AG -1 & AG -2 to B-2 & Conditional 1-1) Approved 4 02/14/2012 Use Permit (Recreation facility) Approved 5 11/23/2010 Use Permit (Indoor recreation facility) Approved 08/22/2006 Change of Zoning (AG -1 & AG -2 to Conditional B-2) Approved 6 02/03/2009 Change of Zoning (AG -1 to Conditional B-2) Approved 02/03/2009 Use Permit (Indoor recreation facility) Approved 7 05/27/1997 Chan a of Zoning (0-2, B-2, R-10, P-1 & H-1 to AG -1) Approved 8 09/14/1987 Use Permit (Substation) Approved 9 08/04/1986 Use Permit (Maintenance of Public Utility) Approved DOMINION VIRGINIA POWER Agenda Item 1 Page 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Please see attached sheets. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached sheets. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes f No IR If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT DOMINION VIRGINIA PO ER .._. #" agenda It1, Page 12 04 y r a PP 1 t 1P ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. L�l 06 & Greg R. Baka App icant' ignaturesky 55(746 T FERMI -I U PECAN 6T Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT DOMINION VIRGINIA POWER ,; Agenda Itsrn 1 Pag41.3 Registrations by Entity As of September 29, 2014 REGISTRATIONS Registration Termination Jurisdiction Registration Charter Number Date Date Virginia Incorporation 0006317-2 06/29/1909 Agent: C T Corporation System Address: 4701 Cox Road Suite 285 Glen Allen, Virginia 23060 United States Duration: Perpetual State Tax ID: North Carolina Qualification 10/31/1925 Agent: C T Corporation System Address: 150 Fayetteville Street Box 1011 Raleigh, North Carolina 27601 United States Duration: State Tax ID: 0156257 West Virginia Qualification 04/28/1944 Agent: C T Corporation System Address: 5400 D Big Tyler Road Charleston, West Virginia 25313 United States Duration: State Tax ID: Ohio Qualification 05/23/1996 Agent: C T Corporation System Address: 1300 East 9th Street Cleveland, Ohio 44114 United States Duration: State Tax ID: Pennsylvania Qualification 2697707 05/29/1996 Agent: C T Corporation System Address: 116 Pine Street, 3rd Floor Suite 320 Harrisburg, Pennsylvania 17101 United States Duration: State Tax ID: 2697707 New York Qualification 07/10/1996 Agent: C T Corporation System Address: 111 Eighth Avenue New York, New York 10011 United States Duration: State Tax ID: District of Columbia Qualification 10/22/2010 Agent: C T Corporation System Address: 1015 15th Street, NW Suite 1000 Washington, District of Columbia 20005 United States Duration: State Tax ID: DBAs Jurisdiction DBA Name Start Date North Carolina - Dominion North Carolina Power 06/12/2013 Cumberland County North Carolina -Beaufort Dominion North Carolina 04/07/2000 County North Carolina -Beaufort Dominion North Carolina Power 07/20/2000 County North Carolina -Beaufort North Carolina Power 12/10/1984 County North Carolina -Beaufort Virginia Power 08/12/1985 County North Carolina-Bertie Dominion North Carolina Power 07/20/2000 County North Carolina-Bertie North Carolina Power 12/11/1984 County North Carolina-Bertie Virginia Power 08/12/1985 County North Carolina -Camden Dominion North Carolina 04/13/2000 County North Carolina -Camden Dominion North Carolina Power 07/20/2000 County North Carolina -Camden North Carolina Power 12/10/1984 County North Carolina -Camden Virginia Power 08/12/1985 County North Carolina -Chowan Dominion North Carolina 04/07/2000 County North Carolina -Chowan Dominion North Carolina Power 07/25/2000 County North Carolina -Chowan North Carolina Power 12/10/1984 County North Carolina -Chowan Virginia Power 08/08/1985 County North Carolina-Currituck Dominion North Carolina 04/07/2000 County End Date North Carolina-Currituck Dominion North Carolina Power 07/20/2000 County North Carolina-Currituck North Carolina Power 12/10/1984 County North Carolina-Currituck Virginia Power 08/09/1985 County North Carolina -Dare Dominion Generation 04/06/2000 County North Carolina -Dare Dominion North Carolina 04/06/2000 County North Carolina -Dare Dominion North Carolina Power 07/27/2000 County North Carolina -Dare North Carolina Power 12/10/1984 County North Carolina -Dare Virginia Power 08/14/1985 County North Carolina-Edgecombe Dominion North Carolina Power 07/11/2000 County North Carol ina-Edgecombe North Carolina Power 12/10/1984 County North Carolina-Edgecombe Virginia Power 08/08/1985 County North Carolina -Gates Dominion North Carolina Power 07/11/2000 County North Carolina -Gates North Carolina Power 12/10/1984 County North Carolina -Gates Virginia Power 08/08/1985 County North Carolina -Granville Dominion North Carolina 04/07/2000 County North Carolina -Granville Dominion North Carolina Power 07/13/2000 County North Carolina -Granville North Carolina Power 12/10/1984 County North Carolina -Granville Virginia Power 08/12/1985 County North Carolina -Halifax Dominion Generation 04/25/2000 County North Carolina -Halifax Dominion North Carolina 04/25/2000 County North Carolina -Halifax Dominion North Carolina Power 07/25/2000 County North Carolina -Halifax North Carolina Power 12/10/1984 County North Carolina -Halifax Virginia Power 08/08/1985 County North Carolina -Halifax West Virginia Power 08/08/1985 County North Carolina -Hertford Dominion North Carolina Power 07/20/2000 County North Carolina -Hertford North Carolina Power 12/10/1984 County North Carolina -Hertford Virginia Power 08/08/1985 County North Carolina -Hyde Dominion North Carolina Power 07/11/2000 County North Carolina -Hyde North Carolina Power 12/10/1984 County North Carolina -Hyde Virginia Power 08/08/1985 County North Carolina -Martin Dominion North Carolina 04/07/2000 County North Carolina -Martin Dominion North Carolina Power 07/20/2000 County North Carolina -Martin North Carolina Power 12/10/1984 County North Carolina -Martin Virginia Power 08/09/1985 County North Carolina -Nash Dominion North Carolina 04/07/2000 County North Carolina -Nash Dominion North Carolina Power 07/13/2000 County North Carolina -Nash North Carolina Power 12/10/1984 County North Carolina -Nash Virginia Power 08/08/1985 County North Carolina- Dominion North Carolina 03/30/2000 Northampton County North Carolina- North Carolina Power 12/10/1984 Northampton County North Carolina- Virginia Power 08/08/1985 Northampton County North Carolina- Dominion North Carolina Power 07/11/2000 Northhampton County North Carolina-Pasquotank Dominion North Carolina 05/08/2000 County North Carolina-Pasquotank Dominion North Carolina Power 07/20/2000 County North Carolina-Pasquotank North Carolina Power County North Carolina-Pasquotank Virginia Power 08/09/1985 County North Carol ina-Perquimans Dominion North Carolina Power 06/12/2013 County North Carolina-Perquimans North Carolina Power 12/10/1984 County North Carolina-Perquimans Virginia Power 08/12/1985 County North Carolina -Person Dominion North Carolina Power 07/20/2000 County North Carolina -Person North Carolina Power 12/10/1984 County North Carolina -Person Virginia Power 08/09/1985 County North Carolina -Pitt County Dominion North Carolina 04/12/2000 North Carolina -Pitt County Dominion North Carolina Power 07/20/2000 North Carolina -Pitt County North Carolina Power 12/10/1984 North Carolina -Pitt County Virginia Power 08/09/1985 North Carolina -Tyrrell Dominion North Carolina 04/07/2000 County North Carolina -Tyrrell Dominion North Carolina Power 07/20/2000 County North Carolina -Tyrrell North Carolina Power 12/10/1984 County North Carolina -Tyrrell Virginia Power 08/08/1985 County Jurisdiction DBA Name Start Date North Carolina -Wake Dominion North Carolina 03/29/2000 County End Date North Carolina -Wake Dominion North Carolina Power 07/13/2000 County North Carolina -Warren Dominion North Carolina 04/27/2000 County North Carolina -Warren Dominion North Carolina Power 07/28/2000 County North Carolina -Warren North Carolina Power 12/10/1984 County North Carolina -Warren Virginia Power 08/09/1985 County North Carolina -Washington Dominion North Carolina Power 07/20/2000 County North Carolina -Washington North Carolina Power 12/10/1984 County North Carolina -Washington Virginia Power 08/08/1985 County Virginia Dominion Generation 07/27/1999 Virginia - All Cities Virginia Power 12/04/1984 Virginia - All Counties Virginia Power 12/04/1984 Virginia - City of Dominion Virginia Power 07/12/2000 Charlottesville Virginia - City of Dominion Generation 06/28/2000 Chesapeake Virginia - City of Dominion Virginia Power 10/11/2000 Chesapeake Virginia - City of Clifton Dominion Virginia 04/13/2000 Forge Virginia - City of Clifton Dominion Virginia Power 10/11/2000 Forge Virginia - City of Colonial Dominion Virginia 04/13/2000 Heights Virginia - City of Dominion Virginia Power 07/12/2000 Fredericksburg Virginia - City of Hampton Dominion Virginia Power 07/12/2000 Virginia - City of Hopewell Dominion Virginia Power 07/12/2000 Virginia - City of Newport Dominion Virginia Power 07/19/2000 News Virginia - City of Norfolk Dominion Virginia Power 07/13/2000 Virginia - City of Dominion Virginia Power 07/12/2000 Petersburg Virginia - City of Dominion Virginia Power 07/12/2000 Portsmouth Virginia - City of Richmond Dominion Generation 04/19/2000 Virginia - City of Richmond Dominion Virginia 03/28/2000 Virginia - City of Richmond Dominion Virginia Power 07/12/2000 Virginia -City of Richmond Virginia Power 06/28/1985 Virginia - City of Richmond West Virginia Power 06/28/1985 Virginia - City of Staunton Dominion Virginia Power 09/18/2000 Virginia - City of Suffolk Dominion Virginia Power 07/12/2000 Virginia - City of Virginia Dominion Virginia Power 07/12/2000 Beach Dominion Virginia Power 08/01/2000 Virginia - City of Dominion Virginia Power 07/19/2000 Waynesboro Dominion Virginia 04/19/2000 Virginia - Hillsboro Twn Dominion Virginia 04/19/2000 (Loudoun Co) Dominion Virginia Power 07/12/2000 Virginia - Hillsboro Twn Dominion Virginia Power 08/01/2000 (Loudoun Co) Virginia - Isle of Wight Dominion Virginia Power 07/13/2000 County Virginia - Lovettsville Twn Dominion Virginia 04/19/2000 (Loudoun Co) Virginia - Lovettsville Twn Dominion Virginia Power 08/01/2000 (Loudoun Co) Virginia - Middleburg Twn Dominion Virginia 04/19/2000 (Loudoun Co) Virginia - Middleburg Twn Dominion Virginia Power 08/01/2000 (Loudoun Co) Virginia - Pamplin Twn Dominion Virginia 04/10/2000 (Appomattox Co) Virginia - Purcellville Twn Dominion Virginia 04/19/2000 (Loudoun Co) Virginia - Purcellville Twn Dominion Virginia Power 08/01/2000 (Loudoun Co) Virginia - Smithfield Dominion Virginia 04/19/2000 Twn(Isle of Wight) Virginia - Town of Dominion Virginia Power 07/12/2000 Buchanan Virginia - Town of Culpeper Dominion Virginia Power 07/14/2000 Virginia - Town of Dominion Virginia 04/19/2000 Leesburg (Loudoun Co) Virginia - Town of Dominion Virginia Power 09/18/2000 Leesburg (Loudoun Co) Virginia - Town of Dominion Virginia Power 08/01/2000 Leesburg (Loudoun Co) Virginia - Windsor Twn(Isle Dominion Virginia 04/19/2000 of Wight Co) Virginia-Albemarle County Dominion Virginia Power 07/12/2000 Virginia-Alexandria County Dominion Virginia Power 09/18/2000 Virginia-Alleghany County Dominion Virginia Power 07/12/2000 Virginia-Amelia County Dominion Virginia Power 07/12/2000 Virginia-Amherst County Dominion Virginia Power 07/12/2000 Virginia-Appomattox Dominion Virginia Power 07/12/2000 County Virginia-Arlington County Dominion Virginia Power 07/12/2000 Virginia-Augusta County Dominion Virginia Power 07/12/2000 Virginia-Bath County Dominion Virginia Power 10/11/2000 Virginia-Botetourt County Dominion Virginia Power 07/12/2000 Virginia-Brunswick County Dominion Virginia Power 07/12/2000 Virginia-Buckingham Dominion Virginia Power 07/12/2000 County Virginia-Buena Vista Dominion Virginia Power 07/12/2000 County Virginia-Campbell County Dominion Virginia Power 07/13/2000 Virginia-Caroline County Dominion Virginia Power 07/12/2000 Virginia-Charles City Dominion Virginia Power 07/13/2000 County Virginia-Charlotte County Dominion Virginia Power 07/12/2000 Virginia-Chesterfield Dominion Virginia Power 07/12/2000 County Virginia-Clarke County Dominion Virginia Power 07/17/2000 Virginia-Cumberland Dominion Virginia Power 07/13/2000 County Virginia-Dinwiddie County Dominion Virginia Power 07/13/2000 Virginia-Essex County Dominion Virginia Power 07/12/2000 Virginia-Fairfax County Dominion Virginia Power 10/18/2000 Virginia-Fauquier County Dominion Virginia Power 07/12/2000 Virginia-Fluvanna County Dominion Virginia Power 07/12/2000 Virginia-Franklin County Dominion Virginia Power 07/12/2000 Virginia-Gloucester County Dominion Virginia Power 07/20/2000 Virginia-Goochland County Dominion Virginia Power 07/13/2000 Virginia-Greene County Dominion Virginia Power 08/04/2000 Virginia-Greensville County Dominion Virginia Power 07/12/2000 Virginia-Halifax County Dominion Virginia Power 07/13/2000 Virginia-Hanover County Dominion Virginia Power 07/12/2000 Virginia-Henrico County Dominion Virginia Power 07/12/2000 Virginia-Isle of Wight Dominion Generation 04/06/2000 County Virginia-Isle of Wight Dominion Virginia 04/19/2000 County Virginia-James City County Dominion Virginia Power 07/20/2000 Virginia-King George Dominion Virginia Power 07/12/2000 County Virginia-King William Dominion Virginia Power 07/12/2000 County Virginia-King and Queen Dominion Virginia Power 07/20/2000 County Virginia-Lancaster County Dominion Virginia Power 07/24/2000 Virginia-Loudoun County Dominion Virginia 04/19/2000 Virginia-Loudoun County Dominion Virginia Power 08/01/2000 Virginia-Louisa County Dominion Virginia Power 07/18/2000 Virginia-Lunenburg County Dominion Virginia Power 07/12/2000 Virginia-Madison County Dominion Virginia Power 07/13/2000 Virginia-Mathews County Dominion Virginia Power 07/14/2000 Virginia-Mecklenburg Dominion Virginia Power 07/12/2000 County Virginia-Nelson County Dominion Virginia Power 07/13/2000 Virginia-New Kent County Dominion Virginia Power 07/12/2000 Virginia-Nottoway County Dominion Virginia Power 07/13/2000 Virginia-Orange County Dominion Virginia Power 07/12/2000 Virginia-Pittsylvania Dominion Virginia Power 07/12/2000 County Virginia -Powhatan County Dominion Virginia Power 07/17/2000 Virginia -Prince Edward Dominion Virginia Power 07/12/2000 County Virginia -Prince George Dominion Virginia Power 07/12/2000 County Virginia -Prince William Dominion Virginia Power 09/27/2000 County Virginia -Rappahannock Dominion Virginia Power 10/11/2000 County Virginia -Richmond County Dominion Generation 05/19/2000 Virginia -Richmond County Dominion Virginia Power 07/20/2000 Virginia -Rockbridge Dominion Virginia Power 07/12/2000 County Virginia -Rockingham Dominion Virginia Power 07/12/2000 County Virginia -Shenandoah Dominion Virginia Power 07/12/2000 County Virginia -Southampton Dominion Virginia Power 07/12/2000 County Virginia-Spotsylvania Dominion Virginia Power 07/12/2000 County Virginia -Stafford County Dominion Virginia Power 07/12/2000 Virginia-Surry County Dominion Virginia Power 07/12/2000 Virginia -Sussex County Dominion Virginia Power 07/12/2000 Virginia -Westmoreland Dominion Virginia Power 07/13/2000 County Virginia -York County Dominion Virginia Power 07/12/2000 West Virginia Dominion Virginia Power 02/02/2011 West Virginia -Greenbrier West Virginia Power 12/06/1984 County West Virginia -Kanawha Dominion Generation 05/15/2000 County West Virginia -Monroe West Virginia Power 12/06/1984 County West Virginia -Pocahontas West Virginia Power 12/07/1984 County West Virginia -Raleigh West Virginia Power 12/06/1984 County West Virginia -Summers West Virginia Power 12/06/1984 County CorpInfo Officers/Directors Virginia Electric and Power Company Directors and Officers Name Farrell, Thomas F., 11 McGettrick, Mark F. Webb, Mark O. Farrell, Thomas F., II Blue, Robert M. Title Chairman Director Director Chief Executive Officer President Christian, David A. President and Chief Operating Officer Heacock, David A. President and Chief Nuclear Officer Koonce, Paul D. President and Chief Operating Officer McGettrick, Mark F. Executive Vice President and Chief Financial Officer Blevins, P. Rodney Curtis, Katheryn B. Doswell, Mary C. Hetzer, G. Scott Reid, Carter M. Rives, J. David Rogers, Steven A. Ruppert, Paul E. Stoddard, Daniel G. Page 1 of 3 Senior Vice President and Chief Information Officer Senior Vice President - Power Generation Senior Vice President - Retail and Alternative Energy Solutions Senior Vice President and Treasurer Senior Vice President - Chief Administrative and Compliance Officer and Corporate Secretary Senior Vice President - Distribution Senior Vice President - Financial Management Senior Vice President - Business Development & Generation Construction Senior Vice President - Nuclear Operations Wohlfarth, Thomas P. Senior Vice President - Regulatory Affairs Wood, Fred G., III Senior Vice President - Financial Management Arnett, Corynne Vice President - Financial Management Baine, Edward H. Vice President - Power Generation System Operations Barker, Kenneth D. Cardiff, Michele L. Clark, Gianna C. Eck, James E. Faggert, Pamela F. Hathaway, Scot C. McKinley, Robert B Merritt, Becky C. Mitchell, Mark D. Sartain, Mark D. Vice President - Customer Solutions Vice President, Controller and Chief Accounting Officer Vice President - Customer Service Vice President - Business Development Chief Environmental Officer and Vice President - Corporate Compliance Vice President - Transmission Vice President - Cove Point Construction Vice President - Shared Services Vice President - Generation Construction Vice President - Nuclear Engineering http://ojrecw30l/corpinfo/corpinfo_o_ _print.asp?acronym=10470 6/16/2014 i Corpinto Utticers/Directors Page 2 of 3 Shell, Patricia G. Vice President - Financial Analysis Showalter, Alma W. Vice President - Tax Smatlak, John D. Vice President - Power Generation Technical Services Webb, Mark O. Vice President, General Counsel and Chief Risk Officer Bischof, Gerald T. Site Vice President - North Anna Lane, N. Larry Site Vice President - Surry Durocher, Edward J. Controller Gregory, Wesley Controller Schools Jr., Maxwell R. Controller Barnett, Linda F. Assistant Treasurer Chapman, James R. Assistant Treasurer Doggett, Karen W. Assistant Corporate Secretary McHugh Jr., William J. Assistant Treasurer Nawrocki, Alison M. Assistant Controller Newman, John L. Assistant Treasurer Wagner, James F. Assistant Controller Applewhite, Hunter Authorized Representative Barker, Kenneth D. Authorized Representative Barnett, Linda F. Authorized Representative Barni, Anthony Authorized Representative Basehore, Kerry L. Authorized Representative Behrens, Chris Authorized Representative Blackwell, Stan Authorized Representative Boggs, Rhonda T. Authorized Representative Boyd, Rick D. Authorized Representative Bragg, Sidney J. Authorized Representative Briggs, Wade Authorized Representative Burr, Sharon L. Authorized Representative Curtis, J. Kevin Authorized Representative Drohan, D. Keith Authorized Representative Duke, James Authorized Representative Evans, Andy Authorized Representative Fasca, Theodore S. Authorized Representative Ferrara, Jim Authorized Representative Funderburk, Chris L. Authorized Representative Gardner-Kittrell, Angelita Authorized Representative Grimes, Ann Authorized Representative Hathaway, Scot C. Authorized Representative Haynes, Paul B. Authorized Representative Holden, David C. Authorized Representative Huber, Thomas R. Authorized Representative http://ojrecw30l /corpinfo/corpinfo_o_d_print.asp?acronym=10470 6/16/2014 Corpinto Officers/Directors Jackson, G. W. Jenkins, Carl D Katz, Lee D. Lewis, Burch Locke, Robert H. Matthews, Paul McGuire, Bobby E. Merritt, Becky C. Miller, William C. Mitchell, Mark D. Morgan, Gregory J. Mueller, Kimberley Neal, James O'Donnell, Les Payne Jr., Harold W. Pelkey, Dave Piccolomini, Dominick Plautz, Molly P. Powell, Phillip W. Quarberg, Steve Roarty, C. Edward Sawhney, Ashwini Schools Jr., Maxwell R Spiller, Lora Tanner, Elwood L. White, Brenda C. Workman, Greg Zatkulak, Carl Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative Authorized Representative http://oj recw3 01 /corpinfo/corpinfo_o_dprint. asp?acronym=10470 Page 3 of 3 6/16/2014 CorpInfo General Informati, - Virginia Electric and Power Company i Page 1 of 1 Subsidiary of : Dominion Resources, Inc. Federal Tax ID : 54-0418825 Incorporated : 6/29/1909 Charter ID : 0006317-2 Date Incorporated : Virginia Fiscal Year End :12/31 State Entity Type : Corporation Purpose : Electric utility Principal Place of Business: 120 Tredegar Street Richmond Virginia 23219 United States Telephone: MBR Status : Yes Registered Agent / Office: C T Corporation System 4701 Cox Road Suite 285 Glen Allen Virginia 23060 United States Telephone: http://ojrecw30l /corpinfo/corpinfo_general.asp?acronym=10470 6/16/2014 Item #1 Dominion Virginia Power Conditional Use Permit 2056 Recreation Drive District 7 Princess Anne December 10, 2014 CONSENT An application of Dominion Virginia Power for a Conditional Use Permit (Public Utility Transformer Station / Line) on property located at 2056 Recreation Avenue, District 7, Princess Anne. GPIN: 14848901770000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed, landscaped, and maintained substantially in conformance with the submitted site plan entitled "CONDITIONAL USE PERMIT (SHEET 2) LANDSTOWN SUBSTATION SVC EXPANSION PLAN VIRGINIA BEACH, VIRGINIA", dated June 3, 2014 and prepared by Dominion. 2. The proposed STATCOM building, identified on the submitted site plan as "PROPOSED 24'X 114' X 17' TALL SVC BUILDING", when constructed, shall be in substantial conformance with the exhibits entitled, "SVC BUILDING ELEVATIONS SHEET 1 OF 2" and "SVC BUILDING ELEVATIONS SHEET 2 OF 2", dated April 4, 2014 and prepared by Beta Engineering. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 1. By a vote of 10-0, the Commission approved item 1 by consent. 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 1 by consent. S MU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KENNETH LEACH (Applicant) / TIMOTHY WHITE (Owner), Conditional Use Permit (Open Air Market), 2545 Sandpiper Road (GPIN 2434104628). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: January 20, 2015 ■ Background: The applicant is requesting a Conditional Use Permit for an 'open air market.' Approval of the Use Permit will allow the applicant to sell food from a non- permanent structure. ■ Considerations: The applicant operated on this site under a Peddler's License during the summer of 2014 under a 'stationary peddler license.' Such licenses have time limits; therefore, the Use Permit is now required. Food is sold from a specially designed concession trailer during the months of April through September. Off-season, the trailer is stored indoors at a self - storage facility. The trailer is located in the northwest corner of the site, which is approximately 80 feet from the public right-of-way. The applicant has an agreement with the property owner allowing his employees to use restroom facilities inside the existing on-site building. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. There shall be no more than one food service trailer on the site at any one time. 2. Approval from the Health Department is required prior to operation. KENNETH LEACH Page 2of2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:6rs-� PRINCESS ANNE 0-12 Kenneth Leael hUfq ' RSDP1 84 �' sz�°� B\ B[ B4 62 AG2 R20 R10 R1D�� i „ ,y c°"a°°"a , 0P Sl P'°" - CUP /or Open Air Mar*w REQUEST: Conditional Use Permit (open air market) ADDRESS / DESCRIPTION: 2545 Sandpiper Road December 10, 2014 Public Hearing APPLICANT: KENNETH LEACH PROPERTY OWNER: TIMOTHY WHITE STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24341046280000 PRINCESS ANNE 24,476 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backaround The applicant requests a Conditional Use Permit to allow the operation of food for sale out of a nonpermanent structure. Details The applicant operated on this site under a Peddler's License during the summer of 2014. Since a 'stationary peddler license' has a time limit, the Zoning Administrator determined that a Conditional Use Permit is now required. According to the application, the applicant offers food for sale out of a specially designed concession trailer during the months of April through September. Off-season, the trailer is stored indoors at a self -storage facility. With up to six employees, the business typically operates from 11:00 a.m. to 6:00 p.m. The applicant has an agreement with the property owner for his employees to use restroom facilities inside the existing on-site building. The trash dumpster and waste removal cost are shared by all tenants on the property, including the applicant, via a private company. KENNETH LEACH Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Retail shops and parking lot SURROUNDING LAND North: . Retail / B-4 Business District USE AND ZONING: South: . Single-family dwellings / R-10 Residential District East: • Sandpiper Road • Single-family dwellings / R-10 Residential District West: . Back Bay NATURAL RESOURCE AND This site is located in the Southern Watershed and is immediately CULTURAL FEATURES: adjacent to Back Bay. As the site is already developed with a building and a parking lot, there do not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within Suburban Focus Area 6 — Sandbridge Community. This area is a stable, low-density, single-family community with about 1,200 dwelling units. IMPACT ON CITY SERVICES No anticipated impact on City services. EVALUATION AND RECOMMENDATION As previously stated, the existing 2014 Peddler's License for the applicant to operate as a stationary peddler has expired. Staff is not opposed to the request to operate on site. This type of business often offers affordable, trendy food with low start-up costs for the owner. Off-season, when retail and tourist activity in Sandbridge is minimal, the trailer is stored indoors at a self -storage facility. The applicant has met with the Health Department and ultimately, a connection to City water services may be required. A condition is recommended below that requires approval from the Health Department prior to operation. Also, the applicant has met with the Sandbridge Civic League and no opposition was raised. Staff recommends approval of this request with the conditions below. KE CONDITIONS 1. There shall be no more than one food service trailer on the site at any one time. 2. Approval from the Health Department is required prior to operation. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. S3 KENNETHLE4CH agenda 3 f?La , 3 KENNETHLE4CH agenda 3 f?La , 3 r AERIAL OF SITE LOCATION KENNETH LEACH Agenda Item 3 Page 4 T i. A0 Nn --.=-DVMPSTER PAD 10'. 10'x 6, CONC TC 9 65 5', 6" CONC APROM Is' 35' . 10 LOCATION 4' 76.9 .47 7C9 22 9 70 Tc PROVIDE FILM F48RIC UNOCR CE TCP ig !CB 64 FL 814 -827 1S, 853 Sandpiper Road SITE SURVEY SHOWING PROPOSED LOCATION OF TRAILER KENNETH LEACH Agenda Item 3 Page 5 l3raerl So -A4 FOOD CONCESSIONS TRAILER LA KENNETH LEACH Agenda Item 3 Page 6 PRINCESS ANNE 0-12 Kenneth Leach Man Not to Scale LP r R5D� P1 �Iry 0 B ■ _ �� B z N B4 RPD �E �N � � r 32 AG2 5 t 'Zoning with Conditions /Proffers, Open Space Promotion CUP for Open Air Marker ZONING HISTORY # DATE REQUEST ACTION 1 01/10/12 04/13/10 Modification of Conditions (communication tower) Conditional of Use Permit (communication tower) Granted Granted 2 02/08/94 Conditional of Use Permit (recreation facility) Granted Jnr--1NI''A� KENNETH LEACH Agenda Item 3 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below/: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AN Check here if the applicant is NOT a corporation, partnership, firm, business, or i other unincorporated organization. PROPERTY OWNER DISCLOSURE I Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) I !f 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes F 11.1 1., — -- —J Does an official or employee of the City of Virginia Beach have an interest in the f subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? 0 DISCLOSURE STATEMENT a 14 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 da rior to the scheduled public hearing according to the instructions in this package. The undersign also consents to entry upon the subject property by employees of the Department of Plannin o photograpt view theme for purposes of processing and evaluating this application. I ew AA Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT Item #3 Kenneth Leach Conditional Use Permit 2545 Sandpiper Road District 7 Princess Anne December 10, 2014 CONSENT An application of Kenneth Leach for a Conditional Use Permit (open air market) on property located at 2545 Sandpiper Road, District 7, Princess Anne. GPIN: 24341046280000. CONDITIONS 1. There shall be no more than one food service trailer on the site at any one time. 2. Approval from the Health Department is required prior to operation. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 3. By a vote of 10-0, the Commission approved item 3 by consent. The applicant, Kenneth Leach, appeared before the Commission. 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 3 by consent. The applicant, Kenneth Leach, appeared before the Commission. I PE ° rr ,_� si 4; =a 4i`ti�v J;,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OBEDIENT PAWS, LLC (Applicant) / ADAM & DIANE BLACKISTON (Owners), Conditional Use Permit (Home Occupation), 5013 Madeira Road (GPIN 1469919744). COUNCIL DISTRICT — BAYSIDE MEETING DATE: January 20, 2015 ■ Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to allow for dog training and boarding on the site. The applicant operates a licensed dog training business, Obedient Paws LLC, from his home. Zoning Enforcement received a complaint regarding the business, and the applicant was informed that the use requires a home occupation permit. Subsequently, the applicant applied for the required Use Permit and submitted with the application letters of support from eight property owners in the immediate vicinity, including all of the adjacent property owners. ■ Considerations: The applicant conducts training in the side yard of the property. Training consists of a one -to -four week-long "boot camp," during which dogs are housed in cages in the applicant's garage. The applicant is a member of the Association of Professional Dog Trainers, a national organization of training professionals. Residents in the R-40 district, as well as any other Residential zoning district, are permitted to have four of their own pet dogs at their residence by -right. Any number of pet dogs over four requires a Conditional Use Permit for a residential kennel. Given this, Staff finds that the full exercise of this by -right allowance of four pet dogs yields a reasonably comparable impact to the requested allowance of four dogs for this home occupation. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: OBEDIENT PAWS Page 2 of 2 1. Unless otherwise limited by Animal Control, the maximum number of dogs on the site over six (6) months of age shall be four (4). 2. The dogs shall only be trained within fenced areas of the yard. 3. All dogs shall be housed within the home and garage. 4. The existing rear yard fencing shall be maintained in good condition for perimeter control. 5. All dogs, when outside the residence and garage, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: %� BAYSIM �. .. .Vy C_dd.Rw .op.ipe.nrm.w. CUP WHorne Occup.tic �1 December 10, 2014 Public Hearing APPLICANT: OBEDIENT PAWS, L.L.C. PROPERTY OWNER: DIANE BLACKISTON STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Home Occupation) ADDRESS / DESCRIPTION: 5013 Maderia Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14699197440000 BAYSIDE 40,483 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for a home occupation to allow for dog training and boarding on the site. The applicant runs a licensed dog training business, Obedient Paws LLC, from his single-family residence in the Lakeview Park subdivision. Obedience training is conducted in the side yard of the residence through a one -to -four week-long "boot camp", during which dogs are housed in cages in the applicant's garage. The applicant is a member of the Association of Professional Dog Trainers, a national organization of training professionals. Zoning Enforcement received a complaint regarding the business, and the applicant was informed that the use requires a home occupation permit. The City Zoning Ordinance allows accessory uses in the R-40 Residential Business District when there is no "audible evidence detectable from outside the building lot", and "where such activity is conducted only in the principal structure on the lot". As such, an outdoor dog training business cannot be considered accessory, and thus a home occupation conditional use permit is required. OBEDIENT PAWS, L.L.C. Agenda Item 7 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single family home / R-40 Residential District SURROUNDING LAND North: . Single family homes / R-40 Residential District USE AND ZONING: . Madeira Road South: . Single family homes / R-40 Residential District East: • Single family homes / R-40 Residential District • Maharis Road West: . Single family homes / R-40 Residential District NATURAL RESOURCE AND The site is located within the Chesapeake Bay Watershed. There CULTURAL FEATURES: are no known cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, 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 WATER AND SEWER: This site currently connects to City water. The existing 5/8" water meter (City ID #95070107) may be used or upgraded to accommodate the proposed development. The site currently connects to City sewer via pump station 318. EVALUATION AND RECOMMENDATION The applicant has indicated that the dog training business has all of the preceding characteristics. Only a portion of the property (garage, side yard, and rear yard) is used for dog training and boarding, and the property remains predominantly residential in character. The applicant has not modified the outside appearance of the property to accommodate the training, and no signage exists or is proposed with this application. The existing six-foot high rear yard fence is in good condition, and the premises are clean and well -kept. The applicant has indicated that he lives at the location, and that he is the sole prpp4etor OBEDIENTYAWS, L.L.C. 'Agenda Itn 7 Pane 2 of Obedient Paws, LLC. Given the nature of the training service, there are no product or merchandise sales to the general public from the home. Also, as indicated earlier, the service does not qualify as an accessory use due to the outdoor nature of the training. The current training in the unfenced side yard is too visible to qualify as a home occupation, and staff has recommended a condition requiring that all dog training activities be located within the fenced area of the yard. This condition would also reduce the audibility of the dog barking that can reasonably be expected with such a use. Residents in the R-40 district, as well as any other Residential zoning district, are permitted to have four of their own pet dogs at their residence by -right. Any number of pet dogs over four requires a Conditional Use Permit for a residential kennel. Given this, Staff finds that the full exercise of this by -right allowance of four pet dogs yields a reasonably comparable impact to the requested allowance of four dogs for this home occupation. The Planning Department has received letters in support of the home occupation from eight neighboring properties, including all of the adjacent properties. Given the low intensity of the use, and the fact that four pet dogs are allowed by -right in the R-40 Zoning District, Staff finds that the requested Conditional Use Permit for a home occupation is reasonable and will have minimal or no impact on the neighboring properties. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Unless otherwise limited by Animal Control, the maximum number of dogs on the site over six (6) months of age shall be four (4). 2. The dogs shall only be trained within fenced areas of the yard. 3. All dogs shall be housed within the home and garage. 4. The existing rear yard fencing shall be maintained in good condition for perimeter control. 5. All dogs, when outside the residence and garage, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 7. No more than one (1) customer at a time shall be permitted on the property. y1. OBEDIENT, -PAWS, "Agenda C. i-7 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OBEDIENTYAWS, L_- C. Agenda Itt 7 PO a} AERIAL OF SITE LOCATION OBEDIENT PAWS, L.L.C. Agenda Item 7 Page 5 NEIGHBORHOOD AND SUBJECT SITE w - - - ,IA f4� OBEDIENT PAWS, L.L.C. Agenda Item 7 Page 6 SITE LAYOUT OBEDIENT PAWS, L.L.C. Agenda Item 7 Page 7 I. fWmr ' GARAGE 4�'l A - B G"� E'4 c-, OBEDIENT PAWS, L.L.C. Agenda Item 7 Page 9 N P SA Y.. LUNINU MI5 I UKY # DATE I REQUEST ACTION 1 1 08/23/2005 1 Subdivision Variance I Approved ,SIA -B OBEDIENT PAWS, L.L.C. rr Agenda Item 7 r= Page 11 Com' p t \�tGF GU"R'�N 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) r n� I !/ t + OW\ Sl hr �y"5?�� 1l ©be , en+ Paws u G 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applica/n�t: (Attach list if necessary) Y� F] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 4 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 14No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT k OBEDIENTTAWS, L .C. ''Agenda li , . 7 Pag ,: 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 ervices, and legal serv�jces: (Attach list if necessary) ' X-80rr eX r IC(�uVi-Gtr^ llv%C�. vJ " t Vl�ti 4"-(-N0 cul-^ �-f �.0p:,`c 1 'J I t)J 1 M.JQ ' 'J1-1 .1 Cl � a eC4 V bk- V - 719 NF7 S f vos s Lf i bid ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Ap Iicant's Signature Property Owner's Signature (if different than applicant) &-.,, 614CKS ", Print Name Pnnt Name DISCLOSURE STATEMENT OBEDIENT PAWS, L.L.C. Agenda Item 7 Page 13 Item #7 Obedient Paws, L.L.C. Conditional Use Permit 5013 Madeira Road District 4 Bayside December 10, 2014 CONSENT An application of Obedient Paws, L.L.C. for a Conditional Use Permit (Home Occupation) on property located at 5013 Maderia Road, District 4, Bayside. GPIN: 14699197440000. CONDITIONS 1. Unless otherwise limited by Animal Control, the maximum number of dogs on the site over six (6) months of age shall be four (4). 2. All onsite dog training shall be conducted within fenced areas of the yard. 3. All dogs shall be housed within the home and garage. 4. The existing rear yard fencing shall be maintained in good condition for perimeter control. 5. All dogs, when outside the residence and garage, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 7. By a vote of 10-0, the Commission approved item 7 by consent. 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 7 by consent. Item #7 Obedient Paws, L.L.C. Page 2 Kevin Martingayle appeared before the Commission on behalf of the applicant. 40 tiND�p�N r 0� gra N pp wr r ' 0 S `xu l �o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH LAWN AND GARDEN INC. (Applicant)/ George Leitz (Owner), Conditional Use Permit (Bulk Storage Yard), 1760 Independence Blvd. (GPIN 14792400820000). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: January 20, 2015 ■ Background: The applicant requests a Conditional Use Permit to allow an existing bulk storage yard to remain within a fenced area at the rear of the site. The 1.02 -acre site is zoned B-2 Community Business, and contains a barber shop, air conditioning repair establishment, tattoo parlor and a small engine repair facility. ■ Considerations: The applicant uses a portion of the space to store lawn mowers and lawn equipment awaiting repair. The other tenants use the remaining space, predominately to store commercial equipment. The storage yard is currently enclosed with a 6 -foot high fence. The applicant will be installing Category IV landscaping, consisting of evergreen trees, 8 to 10 feet at maturity, along the outside of the western fence line. A new gate will also be installed, using solid fencing material, at the eastern side of the building. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "PARKING PLAN FOR 1760-1776 INDEPENDENCE BLVD.," dated March 25, 2014 and prepared by Robyn J. Thomas. 2. Category IV landscape screening shall be installed at the exterior of the fence at the west side of the bulk storage area, as shown on the site plan identified BEACH LAWN AND GARDEN Page 2of2 by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The landscaping shall consist of evergreen trees, five to six feet in height at the time of planting. 3. A gate shall be installed to the east of building, as shown on the site plan, identified by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The gate shall be constructed of a solid material, not less than 6 feet in height. 4. Should the fencing located on the adjacent parcels to the north and/or east be removed, the applicant or owner of the subject property shall be required to install new fencing. The new fencing shall be not less than six (6) feet in height, and Category VI landscaping, as per Section 228 of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department Ar City Manager. K-- C�''L DAYSIDE +IXV�3� Beach Lawn and Carden, Inc. 82 R15 - a 82 )624� ez _ 82 �. 2 +' B1 2 B2 NOF $2 r , B2 •zw,..r c..rw..naw.. w.. s,.na..ow. CUP for Bulk Stora" REQUEST: Conditional Use Permit for a Bulk Storage Yard ADDRESS / DESCRIPTION: 1760 Independence Boulevard D1 December 10, 2014 Public Hearing APPLICANT: BEACH LAWN AND GARDEN, INC. PROPERTY OWNER: GEORGE LEITZ STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14792400820000 BAYSIDE 44,412 square feet Less than 65 dB DNL APPLICATION HISTORY: This application was deferred by the Planning Commission on November 12 to provide time for the applicant and Staff to consider alternative screening methods for the storage yard. BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow a bulk storage yard within a fenced area at the rear of the site. The 1.02 acre site is zoned B-2 Community Business, and contains a barber shop, air conditioning repair establishment, tattoo parlor and a small engine repair facility. Other uses along Independence Boulevard in the vicinity of this application include various commercial and office uses as well as engine repair facilities. The bulk storage yard is located to the rear of the building. The applicant uses a portion of the space to store lawn mowers and lawn equipment awaiting repair. The other tenants use the remaining space, predominately to store commercial equipment. The crushed gravel ground cover will remain. The bulk storage yard is enclosed with a six (6) foot in height chain link fence with one (1) foot of barbed wire on top. The fencing along the north and east sides of the storage area are located on the adjacent properties, and will remain. Category IV landscaping, consisting of evergreen trees, eight (8) to ten (10) feet at maturity, will be installed along the outside of the western fence line. The main gated entrance to the storage yard along the western fence will not be changed. A new gate will be installed, using solid fencing material, to the east of the building. BEACH LAWN AND GARDEN, INC. Agenda Item D1 Page 1 The applicant purchased the small engine repair business in 2001; however, they indicate that the property has been used in this capacity since approximately 1990. The hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 8:00 a.m. to 1:00 p.m. The business employs seven (7) people. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial strip center SURROUNDING LAND North: . U.S. Post Office / B-2 Community Business District USE AND ZONING: South: . Independence Boulevard • Commercial Use / B-2 Community Business District East: . Automobile Repair Facility / B-2 Community Business District West: . Lawson Road • Cellular Tower / B-2 Community Business District NATURAL RESOURCE AND A majority of the site is developed with a commercial building, CULTURAL FEATURES: paved parking surface and gravel storage yard. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site 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 BEACH LAWN AND40,►RDEN, C. Agenda Itetx4.D1 Pale 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard in the vicinity of this application is considered a four -lane divided major urban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a Level of Service F. No roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence 40,756 ADT 17,300 ADT 1 (Level of Existing Land Use Boulevard Service "C") 40 ADT 27,300 ADT' (Level of Proposed Land Use 2 Service "D") 40 ADT 31,700 ADT' (Level of Service "E") Average Daily Trips 2 as defined by lawnmower repair and sales- 2,528 square feet WATER: This site currently connects to City water. There is an existing 8 -inch City water main along Independence Boulevard and 8 -inch City water main along Lawson Road. The existing 5/8 -inch water meter (City ID #95103714) can be used or upgraded to accommodate this site. SEWER: The site currently connects to City sewer, which discharges at Pump Station #307. There is an existing 6 -inch City force main along Independence Boulevard, an existing 36 -inch HRSD force main along Independence Boulevard, an 8 -inch City gravity sewer main along Lawson Road, and a 36 -inch HRSD force main along Lawson Road. EVALUATION AND RECOMMENDATION Staff recommends approval of this request for a bulk storage yard. The property has been used in this capacity for many years, and no changes to the use are proposed with this application. The use is consistent with the Comprehensive Plan's land use policies for the Suburban Area, and with the character of the surrounding area. The bulk storage yard is not visible from Independence Boulevard, and is adjacent to a dead-end right-of-way to the west (Lawson Road), a postal distribution center to the north, and an engine repair facility to the east. As such, this use is not expected to have any adverse effects on the adjacent properties. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be completely enclosed by a solid fence, not less than six feet in height, with Category IV landscaping planted around the exterior of the fence. The fencing along the north and east of the bulk storage yard are on the adjacent properties, and therefore cannot be used to meet the landscaping requirement. The applicant is requesting that the deficiency in required landscaping be addressed through the provision of Section 221 (i) of the Zoning Ordinance, which states that City Council may allow a deviation from this requirement "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties:' r BEACH LAWN AND GARDEN,,#Jc. Agenda Iterr D1 Page 3 Reasonable deviations from the following requirements applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202 (b); and (4) Minimum lot area requirements. Staff concludes that allowing the existing fence to remain as it has for many years will not adversely impact the adjacent properties. Should the owners of the adjacent properties remove the fencing to the north and/or east of the storage yard, the applicant or owner of the subject property will be required to provide new fencing that meets the requirements of Section 228 of the Zoning Ordinance. The applicant has worked with Staff to provide a reasonable alternative, and has agreed to install Category IV landscape screening along the outside of the western fence line. Condition 4 is recommended to address this issue. A new gate on the east side of the building will provide adequate screening from Independence Boulevard. Based on the considerations above, staff recommends approval of this request with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "PARKING PLAN FOR 1760-1776 INDEPENDENCE BLVD.", dated March 25, 2014 and prepared by Robyn J. Thomas. 2. Category IV landscape screening shall be installed at the exterior of the fence at the west side of the bulk storage area, as shown on the site plan identified by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The landscaping shall consist of evergreen trees, five to six feet in height at the time of planting. 3. A gate shall be installed to the east of building, as shown on the site plan, identified by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The gate shall be constructed of a solid material, not less than 6 feet in height. 4. Should the fencing located on the adjacent parcels to the north and/or east be removed, the applicant or owner of the subject property shall be required to install new fencing. The new fencing shall be not less than six (6) feet in height, and Category VI landscaping, as per Section 228 of the Zoning Ordinance. BEACH LAWN AND3iARDEN, pNC. Agenda Item"D1 Pa§e 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BEACH LAWN AND D ' a IV f .Y y 41J /yO 441 T. t a _ aa: N6' AA a Q x I : o Ga Gao�oba� .� s, / w- `� t WIN13d[A •Hw39 VIN1�91A V, in 0AIR 90!d30N UNI 9441-0941 0 Il HOA Nd"Id 0\IA2i1�d - ,4o�pNA a EXISTING SITE CONDITIONS BFB els F . BEACH LAWN AND GARDEN, INC. Agenda Item D1 Page 7 z � W O� WO �w "v aw U LL (1) (.7 D Z H zLLJ Z I w w a U 9) C9 1w Q z � J za aN UJ CL Z aw 02 cA w 0 > z0 aw -J CL 2 PROPOSED SITE LAYOUT rte' IA $��'`1 f���: =Act. BEACH LAWN AND GARDEN, INC. Agenda Item D1 BAYSI DE ri-J It to !oning with Conditions Proffers, Open Space Promotion 1 /V 1 T Beach Lawn and Garden, inc. �\ � `R15 Ay v GQyO \� 5 00 / O,P o Bz c- � B, 1, <` .'aA 2 Al Np�A ! 2 J B< 0 O ZONING HISTORY CUP for Bulk Storage # DATE REQUEST ACTION 1 08/19/2014 Use Permit (Tattoo Parlor) Approved 2 08/26/2008 Use Permit (Motor Vehicle Sales & Service) Approved 3 03/11/2008 Use Permit (Religious Use) Approved 10/02/2001 Use Permit (Religious Use) Approved 4 01/08/2002 Modification to Use Permit (Cellular Tower) Approved 06/09/1988 Use Permit (Cellular Tower) Approved 5 03/23/1999 Use Permit (Carwash) Approved 09/13/1994 Use Permit (Automobile Repair) Approved 6 08/22/1995 Use Permit (Automobile Repair) Approved 7 05/23/1993 Use Permit (Automobile Repair) Approved 8 06/25/1984 Use Permit (Small Engine Repair) Approved 9 04/23/1984 Use Permit (Small Engine Repair) Approved 10 10/10/1983 Use Permit (Small Engine Repair) Approved BEACH LAWN AND GARDEN, INC. Agenda Item D1 , Page 9 t �`..ai t�f OU RNAS 11 DISCLOSURE STATEMENT IJ APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 'Geac-6 Lai, an d CyLxAa, Jfinc n \ C-Ljz, L Pojer U.4- UAr,e J t DY �rr t_� rrr Y rQSi$�iT 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) t-,% on ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ZGr 14 11 L 11) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) A heck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the of Virginia Beach have an interest in the subject land es _ No If yes, w t is tpe name cif the official or employee and the nature of their interest? conditional Use Permit Page 9 of 10 Revised 1111/2013 DISCLOSURE STATEMENT BEACH LAWN ANWGARDEN,r1J C. M Agenda Ite D1 Pag 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) At „nem ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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. L,4 ✓�va �t, ��I/' Print Name cCrne— L-c.irZ than applicant) Print NaMe Conditional Use Permit Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT BEACH LAWN AND 6G RDEN,IN Agenda Iteix,D1 Pg 11 Item #D1 Beach Lawn and Garden, Inc. Conditional Use Permit 1760 Independence Boulevard District 4 Bayside December 10, 2014 CONSENT An application of Beach Lawn and Garden, Inc. for a Conditional Use Permit for a Bulk Storage Yard on property located at 1760 Independence Boulevard, District 4, Bayside. GPIN: 14792400820000. CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "PARKING PLAN FOR 1760-1776 INDEPENDENCE BLVD.", dated March 25, 2014 and prepared by Robyn J. Thomas. 2. Category IV landscape screening shall be installed at the exterior of the fence at the west side of the bulk storage area, as shown on the site plan identified by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The landscaping shall consist of evergreen trees, five to six feet in height at the time of planting. 3. A gate shall be installed to the east of building, as shown on the site plan, identified by staff as "LANDSCAPE AND IMPROVEMENTS PLAN". The gate shall be constructed of a solid material, not less than 6 feet in height. 4. Should the fencing located on the adjacent parcels to the north and/or east be removed, the applicant or owner of the subject property shall be required to install new fencing. The new fencing shall be not less than six (6) feet in height, and Category VI landscaping, as per Section 228 of the Zoning Ordinance. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D1. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT Item #D1 Beach Lawn and Garden, Inc. Page 2 RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approve item D1 by consent. Clint Porter appeared before the Commission on behalf of the applicant. 14 W J J N d W 9 �= Wu ' 4V ij CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEWTOWN SQUARE ASSOCIATES, LLC (Applicant) / PROVIDENCE DEVELOPMENT CORP. (Owner), Change of Zoning, B-2 Community Business & A-18 Apartment to Conditional B-4 Mixed Use District Commercial, 544 Newtown Road & 525 Landfall Arch (GPINs 1468303340 and 1467392620). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: January 20, 2015 ■ Background: The applicant requests a Change of Zoning for an existing 9.7 -acre site from B-2 Community Business and A-18 Apartment Districts to Conditional B-4 Mixed Use District for the purpose of redeveloping the site. The site is currently occupied by the Newpointe Shopping Center. Developed in the 1980s, the shopping center is typical of that era, with the buildings located to the rear of the site and a large expanse of paved parking between the buildings and outparcels adjacent to Newtown Road. The site is bisected from the northeast to the southwest by the City of Norfolk's 30 -inch raw water line that runs from Stumpy Lake to Lake Lawson. ■ Considerations: The redevelopment will consist of two buildings with 134 multifamily dwelling units each (total of 268 units / 27.6 units per acre) as well as a one-story building with a floor area of 17,580 square feet for commercial use. The apartment buildings are four -stories in height, with the exception of a central tower element on the front fagade of each. The facades in both directions are nearly identical, having the same architectural elements and exterior materials and colors. The retail building will have the same architectural elements, materials, and colors. Vehicular access to the site will be from two existing points on Baker Road and two existing points on Newtown Road. An existing access point located on Baker Road will be eliminated. As an outcome of its consideration of the rezoning, the Planning Commission had two principal concerns. First, as noted by Traffic Engineering, there is insufficient area within the Newtown Road right-of-way to provide a left -turn lane into the site at the northern (main) access point. To discourage left turns into the site at that location, the applicant agreed to physically modify the access to allow right -in and right -out only. That change is now shown on the proffered plan (page 12 of attached staff report). Second, the commission, to address issues of NEWTOWN SQUARE ASSOCIATES Page 2of3 security and to enhance buffering along the eastern lot line, recommended the installation of black aluminum wrought -iron style fencing along the Baker Road frontage and the eastern lot line. The applicant agreed to the recommendation, and that change is also shown on the proffered plan. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission by a recorded vote of 10-0, recommends approval of this request to the City Council as proffered: PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Site Improvement Associates, Inc., entitled "Zoning Exhibit for Newpointe Shopping Center," and dated August 26, 2014, revised December 31, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred and sixty eight (268). PROFFER 3: The architectural style and quality of materials of the multifamily residential buildings constructed on the Property (together the "Residential Buildings"), when developed, shall be substantially compatible with the residential building elevations entitled "544 Newtown Road, Boyd Homes, Virginia Beach, Virginia," dated September 25, 2014, and prepared by Humphreys & Partners Architects, L.P. (the "Apartment Elevations"). A copy of the Apartment Elevations is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Any future modifications to the exterior of the Residential Buildings shall be consistent with the architectural style and quality of materials depicted on the Commercial Apartment Elevations. PROFFER 4: The architectural style and quality of materials of the exterior facade of the existing commercial building located on the southern portion of the Property that will be retained and renovated as per the Concept Plan (the "Commercial Building"), when renovated, shall be substantially compatible with the building elevation entitled "Newpointe Shops," dated September 2014, and prepared by Martin & Martin Architecture, Inc. (the "Commercial Elevations"). A copy of the NEWTOWN SQUARE ASSOCIATES Page 3of3 Commercial Elevations is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Any future modifications to the exterior of the Commercial Building shall be consistent with the architectural style and quality of materials depicted on the Commercial Elevation. PROFFER 5: Further conditions lawfully imposed on applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:' �� -CEMP8VILLE Map -6. Newtown Square Associates, L.L.C. Atte 81 R�. R7.5' 2- ,,92 .B2 11 �2- 82' 82 6 December 10, 2014 Public Hearing APPLICANT: N EWTOWN SQUARE ASSOCIATES, L.L.C. PROPERTY OWNER: PROVIDENCE Conditional Zoning Change from 8.2 d A-18 to Cond. B -I DEVELOPMENT CORP. STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning (B-2 and A-18 District to Conditional B-4 Mixed Use District) ADDRESS / DESCRIPTION: 544 Newtown Road and 525 Landfall Arch GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1468303340 and KEMPSVILLE 9.7 acres Less than 65 dB DNL 1467392620 BACKGROUND / DETAILS OF PROPOSAL Backaround The applicant proposes to rezone the existing 9.7 -acre site from B-2 Community Business and A-18 Apartment District to Conditional B-4 Mixed Use District for the purpose of redeveloping the site with two four-story buildings consisting of 134 multifamily dwelling units each and a one-story building consisting of 17,580 square feet of retail use. With a total of 268 dwelling units, the density of the project is 27.6 units per acre. The maximum allowable density in B-4 Mixed Use District is 36 units per acre. The site is currently occupied by the Newpointe Shopping Center. Developed in 1986, the shopping center is typical of that era, with the buildings located to the rear of the site and a large expanse of paved parking between the buildings and outparcels adjacent to Newtown Road. The site is bisected from the northeast to the southwest by the City of Norfolk's 30 -inch raw water line that runs from Stumpy Lake to Lake Lawson. The shopping center building is divided where the easement for the water line is located. NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 1 Retail is no longer the primary current land use within the shopping center, as the center has lost businesses to other locations in the area. Current land uses consist of religious uses, child education and care, an ethnic restaurant and grocery, real estate offices, and hair care / beauty salon. The applicant, who is also owner of the shopping center, is requesting the Conditional Change of Zoning as a means of redeveloping and revitalizing the property. Details / Site The applicant proposes to demolish the existing shopping center building strip with the exception of a section of approximately 220 feet in length parallel to the southern property line. The remainder of the site will be cleared. In addition to the retail building being retained, the proffered site plan shows two four-story buildings and an existing maintenance office and storage building that is located at the far southeastern portion of the property. The building is adjacent to and connected to the Pines of Newpointe apartment complex via Landfall Arch. This building will also be retained. The raw water line easement has a major role in the design of the site as well as the design of one of the apartment buildings. One of the apartment buildings (labeled '#1' on the site plan) is situated north of the raw water line easement and the other building (labeled '#2') is south of the easement. Based on the applicant's design of the buildings and the orientation of the parking rows, as well as the desire to retain the one section of the retail building, the eastern corner of Building #2 is 'trimmed' due to that corner being immediately adjacent to the easement. Vehicular access to the site will be from two existing points on Baker Road and two existing points on Newtown Road. An existing access point located on Baker Road will be eliminated. The Baker Road access points are located at the eastern and western corners of the subject site. The two access points on Newtown Road and their associated access drives also provide access to five outparcels along Newtown Road. None of those outparcels have direct access to Newtown Road. Accordingly, the two access drives, as well as 12 feet of the subject site are encumbered by an ingress/egress easement that also connects with the southern access point on Baker Road. The ingress/easement that runs along the rear of each outparcel is actually 24 feet in width, but the easement is equally divided between each outparcel and the subject parcel. Parking for the apartments as well as the retail building is distributed throughout the site such that all three buildings are easily accessible from all parking spaces. The combined uses located on the site require 557 parking spaces and 583 are being provided. Based on the number of required parking spaces, 15 bicycle spaces and 18 motorcycle spaces are required. The site plan shows 18 bicycle spaces within the distance required by the Zoning Ordinance. It must be noted, however, that the proffered site plan indicates that 20 spaces are provided, but only 18 are shown. Additionally, for parking lots with more than 300 motor vehicle parking spaces, Section 203(b)(14) of the Zoning Ordinance requires that 50 percent of the bicycle spaces be either located indoors or be "covered in accordance with the City of Virginia Beach Landscaping Guide." The proffered site plan does not indicate that any of the spaces will be covered; therefore, should this rezoning application be approved, staff will ensure that at least nine of the spaces meet this requirement. With regard to the parking space requirements of the Americans with Disabilities Act, 11 accessible parking spaces are required, and the site plan shows 11 such spaces located in proximity to the building access points as required. Landscape plantings are dispersed throughout the site within the parking lot and along the roadway frontage as required. Specific plant species and sizes are not specified, but shall be, as required, at site plan review. The introduction of the landscape areas to a site that was previously devoid of landscaping combined with the size of the apartment building footprint due its vertical nature, results in a reduction in the percentage of the site that is impervious from the current 93 percent to 78 percent. NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 2 The Zoning Ordinance requires a 15 -foot wide Category IV buffer between Business Districts and Apartment or Residential Districts. The site plan shows only an 11 -foot wide buffer. The applicant is requesting that the deviation from the 15 -foot requirement 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 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. With regard to pedestrian circulation, there are sidewalks around the apartment buildings, including connections between each of those buildings as well as the retail building. There are, however, no connections between the sidewalks around the apartment buildings and the sidewalks on Baker Road or Newtown Road. Staff finds that such connections are needed and would be welcomed by the future residents of the apartments. The retail building also lacks a sidewalk connection to the right-of-way of Newtown Road. While such a connection is not strictly required by the 'Applicability' provisions of the Retail Design Standards section of the Zoning Ordinance, the connection, as well as the connection of the residential units to the public rights-of-way, is consistent with the recommendations of the Comprehensive Plan. Details / Buildings The apartment buildings are four -stories in height, with the exception of the central tower element on the front facade of each, which gives the appearance of being a fifth -story under the roof. The tower element provides a central focal point for the building, and the building stretches outward in both directions from that point. The facades in both directions are nearly identical, having the same architectural elements and exterior materials and colors. The primary entry point for the building is easily recognizable by use of a two-story columned portico feature with a metal roof that slopes to the middle of the third -story level. The roofline is varied with regard to height at the ridge. That roof variation combined with the projections and recesses of the facades of the building, as well as the variation in the types and placement of the exterior materials, create a good level of variation, and thus, good visual interest. The overall impression is one of a quality building design. The B-4 Mixed -Use District has no maximum height limit. The two apartment buildings are 53.25 feet in height at the highest point of the roof. While there is no maximum height limitation, there is a 35 -foot maximum height restriction for any portion of a structure within 100 feet of a Residential or Apartment District. Since the lot to the east of the subject site is zoned A-18 Apartment, this restriction applies, and the northern building (#1) is located 75 feet from the lot line. The highest point of the building within the encroaching 25 feet is 47 feet, which exceeds the 35 -foot maximum height restriction. Similar to the request for the deviation for the landscape buffer along the eastern lot line, the applicant is requesting a deviation from the 35 -foot height requirement per the provisions of Section 107(1) of the Zoning Ordinance. The commercial building, as previously noted, is a reuse of the existing commercial building; however, the exterior of the building is being renovated with new exterior materials that are compatible to those used on the apartment building. All sides of the building include use of the matching architectural design elements, providing a sense of continuity and quality that currently does not exist. Moreover, those architectural design elements are the same as those used on the apartment buildings, which results in the entire site appearing to be one integrated multi -use development. NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 3 Exterior building materials proposed for both the apartment buildings and the commercial building include brick, premium vinyl siding, metal balcony railing, metal and asphalt/fiberglass shingle roofing, EIFS, and new storefront system (commercial building). Both apartment buildings feature amenities open to the outdoors; however, those amenity areas are located within the building, recessed below the level of the roof. The southern apartment building (Building #2) includes the largest amenity area, which is consistent with the fact that Building #2 appears to be the main activity center for the complex, as both the leasing office and maintenance office are also located in this building. The amenities located in Building #2 consist of a clubhouse, swimming pool, grilling area, and a 'cave.' Amenities in Building #1 consist of two courtyard areas for primarily passive recreation and entertainment. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial Shopping Center SURROUNDING LAND North: . Baker Road USE AND ZONING: . Future Multifamily development / Conditional A-24 Apartment District Building Contractors Office / 1-1 Industrial District South: . Multifamily dwellings / A-18 Apartment District • Bus Charter Service and Motor Vehicle Repair / 1-2 Industrial East: . Multifamily dwellings / A-18 Apartment District West: . Fast-food restaurants, bank, and motor vehicle repair / B-2 Business District Retail NATURAL RESOURCE AND The site is 93 percent impervious. Stormwater from the existing site CULTURAL FEATURES: drains to Witchduck Lake as part of the Witchduck Lake stormwater system. The applicant intends to manage stormwater generated by the proposed development by use of the same system. There are no known significant natural resource features on the site. There are also no known features of cultural or historical value on the 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. (pp. 3-1 through 3-3). NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in the vicinity of this application is considered a four/five-lane undivided minor suburban arterial. The MTP recommends a six -lane facility within a 150 -foot wide right-of-way. Currently, this segment of roadway is functioning over -capacity at a Level of Service F, and is ranked 24th in the City's Technical Ranking of Congested Roadway Segments for 2013. This ranking is out of 293 segments from the arterial and collector roadway classifications. The Newtown Road/Baker Road intersection is ranked 13th out of 366 in the city's Technical Ranking of Congested Signalized Intersection for 2013. Baker Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The MTP recommends a two-lane facility within a 70 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. A Roadway CIP project is slated for this area. "Newtown Road and Baker Road Intersection Improvements (CIP 2-037)" is a safety and congestion improvement project which will add turn lanes and will reconfigure the intersection. Project design is currently scheduled to begin in July 2017. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 41,115 AD T' 28,200 ADT (max. LOS 2,,C,,) "D" Newtown Road (2013) 30,600 ADT (max. LOS / capacity) "E") Existing Land Use 3- 32,800 ADT (max. LOS 2,815 ADT Proposed Land Use 4— 4,448 AD T' 13,600 ADT (max. LOS "C") "D" 2,561 ADT Baker Road (2013) 15,000 ADT (max. LOS / capacity) "E") 16,200 ADT (max. LOS Average Daily Trips two-way volume) Level of Service Sas defined by 65,564 SF shopping center 4 a defined by 268 apartments and 17,580 SF of retail Comments — PW/Traffic Ennineerincl • Although the proposed development is estimated to have slightly less daily traffic than the existing development based on the ITE Trip Generation Handbook, due to the fact that the existing shopping center is not fully occupied or occupied by typical shopping center users, does not actually generate the ADT based on that provided by the Trip Generation Handbook. Accordingly, traffic volumes may actually increase on the adjacent roadways with the proposed development. • The 'technical rankings' provided above in the 'MTP/CIP' section indicate Newtown Road is a highly congested roadway. A CIP project has been developed to fix some of the issues at the Newtown Road/Baker Road intersection; however, the project is not funded at this time. Thus, any site generated improvements associated with new development are critical in order to improve the function of the roadway. • The main/first entrance for traffic in the southbound lanes of Newtown Road lacks a left -turn lane into NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 5 the site; so, vehicles must wait to turn left from the inside through -lane. Although a left -turn lane does exist for the second entrance south of the main entrance, the layout of the site and outparcels is conducive to southbound drivers entering in at the main entrance. Thus, the left -turn movement at the main entrance must be controlled. Typically, a left -turn lane would be required to isolate this movement. The left -turn lane, however, for northbound traffic on Newtown Road making a turn to westbound Baker Road is 320 feet long, which extends to the subject site's main entrance. Due to this fact, there is a conflict for the installation of a left -turn lane into the subject site for southbound traffic. Traffic Engineering, therefore, will require that the developer find a solution that addresses the left -turn movement problem such that traffic flow in this corridor will not be hampered by traffic attempting to enter the site. The considerations that follow are important with regard to determining the appropriate solution: o The northbound left -turn lane storage capacity at Baker Road cannot be diminished beyond what is operationally necessary. o Any left turn restriction into the site has to be designed such that the movement is restricted by physical changes to the roadway. Installation of a 'No Left Turn' sign or any other similar sign posted at the entrance will not be sufficient. o The site layout could be designed to alter the pattern of a driver's arrival at the site. This means that the direct access into the site could be moved to other entrances where turn lanes are possible if they do not currently exist. • Traffic Engineering will have additional comments when a detailed construction site plan is submitted. WATER: The site is already connected to City water. There is an existing 12 -inch water main within Newtown Road and an existing eight -inch water main within Baker Road. There are existing four -inch, six-inch, and eight -inch water mains extending into the site. There are several water meters located on the site that may be used or upgraded to serve the proposed development. SEWER: This site is already connected to City sanitary sewer. There is an existing 8 -inch City sanitary sewer gravity main within Baker Road and an existing 12 -inch City force main within Newtown Road. There is also a 48 -inch HRSD force main within Newtown Road. An eight -inch sanitary sewer gravity main currently extends into the site. Sewer and pump station analysis for Pump Station #334 will be required to determine if future flows from the proposed development can be accommodated. SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning Zoning Tri -Campus (Diamond 1,508 1,519 0 27 27 Springs ES -Newtown ES - Williams ES Bayside Middle 1,008 1,112 0 11 11 Bayside High 1,842 1,885 0 12 12 Number of students 2 ,change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students) dependent on the type of zoning change. EVALUATION AND RECOMMENDATION NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 6 The applicant's proposal for Change of Zoning from B-2 Business and A-18 Apartment to B-4 Mixed -Use District is an opportunity, encouraged by the Comprehensive Plan for both the Suburban Area and Urban Area, to redevelop and revitalize through the efforts of the private sector an underutilized commercial shopping center. Unlike the urban form of development recommended by the Comprehensive Plan for the Strategic Growth Areas, the form of the applicant's proposed development is distinctly suburban; however, the use of two mid -rise buildings with 134 dwellings in each provides an urban -like element, and will serve as a 'landmark' feature for this portion of the city. Rather than maintaining the current use and revitalizing it though enhancements to the site and building design, the developer is replacing the use of the property, creating new housing and upgrading a minimum area of the existing commercial center. The applicant's proposal exemplifies policies of the Comprehensive Plan that encourage the type of renewal of the City's older and underutilized commercial buildings and complexes through either quality enhancement what currently exists or redevelopment that introduces uses that are of high quality and strive to meet the needs of the surrounding area. The Comprehensive Plan, as part of its role to assist property owners in their efforts to actualize the land use and development principles for the Suburban Area, provides guidance with regard to building and site design. The Plan's 'General and Special Area Development Guidelines' for site and building design are specific to development such as the proposed, and the guidelines should be implemented, as appropriate, to improve the quality of our physical environment and aid in not only preserving adjacent and surrounding neighborhoods, but encouraging their enhancement as well. In its review of the applicant's proposal, the Comprehensive Planning component of the team evaluating this application, provided a number of site and building design recommendations that, during the evaluation process, the applicant integrated into the design as possible and appropriate. One of the more important improvements to this site is the significant decrease in the impervious cover from 93 percent to 79 percent. This decrease is a substantial benefit with regard to stormwater management, infiltration of rainwater into the ground, and even the introduction of habitat for plants, insects, and other life suited for small pockets of permeable vegetated area. The applicant's proposed development is generally consistent with the recommendations of the Comprehensive Plan for the Suburban Area, as well as recommendations provided by the Plan's 'Housing and Neighborhoods' component, and in particular, the following goal: 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, (page 8-7). While the proposed development provides a significant redevelopment of a distressed and underutilized parcel, Staff finds that the applicant's choice of premium vinyl siding rather than the higher quality and longer lasting fiber -cement siding alternatives (such as Hardiplank) a significant deficiency of the overall proposal. The applicant, however, has cited the need to keep the cost of the project within a level where the rents that can be achieved in this area are indeed achievable. As previously noted in the first section of this report, the site and building plans do not meet the requirements of the Zoning Ordinance with regard to two elements: 1. The landscape buffer along the eastern lot line, as it is adjacent to an Apartment zoning district, is required to be 15 feet. The applicant is providing 11 feet. 2. The maximum height of any portion of a building within 100 feet of the lot line of an Apartment zoning district is 35 feet. There is 25 feet of Building #1 (northern side of the lot) that encroaches into the 100 -foot area. The height of that part of the building is 47 feet. NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 7 The applicant is requesting a deviation from these two deficiencies as shown on the proffered site and architectural plans. 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 Staffs evaluation of the proposed development, Staff finds that the deficiencies identified above are reasonable, as there are sufficient reasons for the deficiencies, there will be no detrimental effects on the adjacent apartments, and there is no conflict with the design guidelines of the Comprehensive Plan. Accordingly, Staff supports the deficiencies as depicted on the proffered plans. Based on Staffs evaluation of the request, as provided above, approval of the application is recommended as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Site Improvement Associates, Inc., entitled "Zoning Exhibit for Newpointe Shopping Center," and dated August 26, 2014, revised December 31, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred and sixty eight (268). PROFFER 3: The architectural style and quality of materials of the multifamily residential buildings constructed on the Property (together the "Residential Buildings"), when developed, shall be substantially compatible with the residential building elevations entitled "544 Newtown Road, Boyd Homes, Virginia Beach, Virginia," dated September 25, 2014, and prepared by Humphreys & Partners Architects, L.P. (the "Apartment Elevations"). A copy of the Apartment Elevations is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Any future modifications to the exterior of the Residential Buildings shall be consistent with the architectural style and quality of materials depicted on the Commercial Apartment Elevations. NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 8 PROFFER 4: The architectural style and quality of materials of the exterior facade of the existing commercial building located on the southern portion of the Property that will be retained and renovated as per the Concept Plan (the "Commercial Building"), when renovated, shall be substantially compatible with the building elevation entitled "Newpointe Shops," dated September 2014, and prepared by Martin & Martin Architecture, Inc. (the "Commercial Elevations"). A copy of the Commercial Elevations is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Any future modifications to the exterior of the Commercial Building shall be consistent with the architectural style and quality of materials depicted on the Commercial Elevation. PROFFER 5: Further conditions lawfully imposed on applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable, as they ensure the proposed development will be constructed as described in this staff report, resulting in the redevelopment of what is currently a severely underutilized property. The City Attorney's Office has reviewed the proffer agreement dated December 31, 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. NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 9 F ►R 4 i rAir \ p i f" ; y AERIAL PHOTOGRAPH OF SITE NEWTOWN SQUARE ASSOCIATES, L.L.C. 'P Agenda Item 6 Page 11 I PROPOSED SITE PLAN (PROFFER 1) NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 12 z O Q W J W W O BUILDING ELEVATIONS - APARTMENTS (PROFFER 3) NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 13 A w A SciCH5031NICdM2N BUILDING ELEVATION - COMMERCIAL (PROFFER 4) r: .epi A•HC` NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 14 III INTERIOR CONCEPTS NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 15 KEMPSVILLE T , r Newtown Squarc Associates, L.L.0 i^ 'oning with Conditions Proffers, Open Space Promotion Conditional Zoning Change from 8-2 & A-18 to ????? ZONING HISTORY # DATE REQUEST ACTION 1 02/12/2013 Change of Zoning Conditional A-36 to Conditional A-24 Approved 2 10/09/2012 Change of Zoning (1-2 to Conditional B-2) Approved Conditional Use Permit (Religious Use) 3 05/11/2010 Conditional Use Permit (religious use) Approved 08/14/2007 Conditional Use Permit (religious facility) Approved 04/10/2007 Conditional Use Permit (vocational school) Approved 07/11/2006 Conditional Use Permit (church) Approved 01/11/2005 Conditional Use Permit (mini -storage) Approved 07/13/2004 Conditional Use Permit (church with childcare facility) Approved 05/13/2003 Conditional Use Permit (church) Approved 4 06/12/2007 Conditional Use Permit (car wash) Approved 5 10/24/2000 Conditional Use Permit (senior and disabled housing) Approved 6 02/01/2000 Conditional Use Permit (motor vehicle rentals) Approved 7 09/26/2006 Conditional Use Permit (fuel sales) Approved 8 02/27/2001 Conditional Use Permit (mini -storage) Approved 9 09/11/2007 Subdivision Variance Approved tS A.Rt NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 16 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Newtown Square Associates, LLC (Sole Member - Boyd Holdings LLC; Manager - Boyd Corp.) 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) Boyd Corp.; Boyd Holdings LLC MCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Providence Development Corp. -- David S. Rudiger (PresidentlSecretary); Joseph W. Boyd, III (Vice President); Justin R. Boyd (Vice President); Frank B. Minschke Il (Vice President; Assistant Secretary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) Newtown Square Associates, LLC; Boyd Corp.; Boyd Holdings LLC 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 -a If yes, what is the name of the official or employee and the nature of their interest? N/A I C 11- 0 0 N 0 pa H 09 L DISCLOSURE STATEMENT NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 17 omd f� l J 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) Troutman Sanders LLP -- Legal Services Site Improvement Associates, Inc. -- Civil Engineering Services Humphreys & Associates, Architects Martin & Martin, Architects 1 -Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photggraph gadyiew the site for purposes of processing and evaluating this application. Applica 's ign hire - KX t- C- rl Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT NEWTOWN SQUARE ASSOCIATES, L.L.C. Agenda Item 6 Page 18 Item #6 Newtown Square Associates, L.L.C. Change of Zoning 544 Newtown Road & 525 Landfall Arch District 2 Kempsville December 10, 2014 REGULAR Dave Redmond: Mr. Secretary, will you call the next item? Bob Thornton: The next item Mr. Chairman is Item 6, Newtown Square Associates, L.L.0 This is a Change of Zoning from B-2 and A-18 to Conditional B-4 Mixed Use District on Newtown Road and Landfall Arch. And we have Mr. R.J. Nutter here to speak on this matter. Dave Redmond: Mr. Nutter. R.J. Nutter: Mr. Redmond, Mr. Chairman. For the record, my name is R.J. Nutter, and I'm an attorney. I represent the applicant. I wish I could say I appreciate being on the consent agenda, but there are a few items that I heard that you wanted to talk about; so, I will try to address them for you. First and foremost, it is a pleasure to represent this application. Too often, we forget what's happening around outside contact with a particular piece of paper in front of us. This may be one of them, because this represents the largest private investment along Newtown Road in over 20 years. That is an area that sorely needs of that kind of recapitalization. And it couldn't begin at a property more appropriate. The shopping center was built in 1980. It is 35 years old. It began as "the next best thing" and it has, over time, unfortunately, been passed by many of the major retailers. Other shopping centers have opened at other locations, and have taken major tenants. And as it often happens, in cases like this, the tenant situation becomes more difficult. Maintenance becomes more expensive, because you have more to clean up, and less revenue from which to do that. It has been a source of crime, as you all know. The Police Department routinely comments on applications, but frankly in this if they were here, they would probably stand up and applaud and urge you to put it on the consent agenda, because this cleanup is considerable, not just from a public perspective and appearance perspective but from their purpose a public safety perspective. So, having told you that, let me tell a little bit about what the redevelopment of this property entails. The property under the rezoning consists of about ten acres, 9.7 acres here. But in addition to that, I would like to talk to you about this piece right here, which is currently an automobile type operation. That is going to be torn down. That is a lease that is currently owned by the applicant on this property. It is leased to this tenant and this tenant is being relocated, and my client will be building a new two-story, very modern, very attractive office building at this location. Relocating their offices, which have been located roughly about here in the retail center to this facility, and building an additional, it is about 12,700 square feet of additional office space here. Many of these spaces are long term leases. They are 99 year leases, so they are effective almost sales. So the out parcels will remain the same. Thus, we were going to clean up this intersection here (pointing to PowerPoint). I'm sorry this location here. And make a major difference to the properties here. The property is currently zoned interestingly enough, unconditional B-2 the bulk of this, and a small portion back here is zoned unconditional A-18. So, we are taking this property to a conditional status from an unconditional status, and investing about 35 to 40 million dollars in this overall development from top to finish. There are a few tenants that have served the neighborhood well and not presented any problems whatsoever. As a Item #6 Newtown Square Associates, L.L.C. Page 2 result of that, this portion of the property, whichis about 17,000 square feet, if I'm not mistaken, will remain retail. It will be refaced entirely. New roof put on. New fronts put on, brick fagade front. As well as a nice roof system that will make it look like this as you see here. It is very attractive. Not the flat roof as we see so often of these. There is a nice signage allowance for each of the tenants and picking up the materials, and the colors of the residential component of this project as we go forward. What is not shown here is the office building that was just submitted for site plan, actually earlier this week, but it is a very attractive two-story office building here. This gets redone, and then, the majority of retail here, largely vacant, gets torn down and redeveloped into two four-story apartment buildings that are very, very expensive to build. And by that I mean, these are all interior courtyards. These are not the three and four story walk ups that we too often see. These are very attractive buildings. They are very nice. These are simply nicer. They are all interior courtyards. They are all fully conditioned space from the interior. A large percentage of brick as you see on this building. Architectural style roofs on this building. They are using, and one of the issues, I understand is the balance of the material, which is this case they are using a high quality vinyl and I point out to you that the folks could choose to use hardieplank here. They could do that. They prefer vinyl. Not just from a cost perspective, as staff points out, but frankly they have a long term history with both of those materials. They do projects here and western Virginia and they are far more comfortable with vinyl as long term maintenance materials that as opposed to hardieplank. I would tell you that many of the applications you just put on your consent agenda consisted of vinyl as well as hardieplank. So it really is, I think it is, up to the developer, if he would, to look to those. I don't think it is a measure of the quality of this. As you know this is a very, very attractive building. It is very expensive. All the right amenities are being applied here. Do you have a copy Kevin of the interior portion? Okay. Let me show you very briefly. I am not sure why it didn't make it. Inside these buildings are interior court yards, and they have interior pools. They have. I am going to show you very quickly. I apologize. I thought it was in there, so that is why I didn't prepare this earlier. The interior of these buildings, as you see from that shot, these units are designed not just open on the outside, but many of the units open into the interior courtyard features. This is a very, very popular type of structure by the Humphries Architects, with the interior features. I'll give you some of these photos and I'll be happy to point around to you. Thank you very much. Ms. Oliver, would you mind if I handed these to you? I'm sorry Stephen. I thought they were in there. Okay, this will kind of show you very high quality materials in the inside, pools, walk-through areas so you can walk around throughout these facilities. They haven't cut any corners. They've used high quality architect materials (inaudible), and in doing this in a place where a lot of people, frankly, haven't put a lot of money. So, we are very, very happy about that. I would like to address a couple of the issues that came up here, and staff reviewed this morning, and first point out by telling you that we had a gentleman here who on the adjacent industrial parcel, which is located right here, this piece right here. It goes like this. Mr. Snyder was here in opposition. We talked to him during the break, and I'm happy to tell you that he authorizing me to relay that he has withdrawn his opposition once he understood where things were going. He did not know about the office building. He did not know how far the construction was from his property, and more importantly, he was concerned about a ditch that runs between the current property, his property here, and on the northern portion of this property, the southern portion of our property. And, so we've agreed to fencing in here. Apparently, this area is the subject of a lot of people dropping batteries and tires and so forth into that ditch; so, we agreed to put a fence on our portion as he has done on his half. So he has withdrawn that opposition. The second issue I'm happy to tell you about has to do with the access way off of, and you can leave this one up Stephen, you can go back and forth. It is a major accessway here into the site off Newtown Road. As Traffic Engineering indicated to you earlier, we thought that was a site plan issue and they were going to hold off and discuss it at that time. Item #6 Newtown Square Associates, L.L.C. Page 3 Because it was raised this morning, I've gotten authorization to tell you that we would agree to a right in/right out only here. There is no room, according to Ric about have a turn lane or putting a median break there, and traffic is apparently backing up into the through -lane, so as to prevent left turn movement out of the center. We could come in with a pork chop type feature as we go through site plan review ,and have this a right in/right out only intersection at that location. And finally, if I can address the fencing issue with you because I understand that came up as well. First let me tell you that a little different than other residential projects, because this is residential office and retail isn't really a mixed use of pieces on this property. So, we haven't wanted to isolate the residential in the same matter which you might do say as a standalone residential development. As such, what my client was proposing to do was put a fence here along the eastern portion of the property separating it from the other properties here that are older, and I would say much older, and frankly, what we also can agree to do is we can put a fence along Baker Road for appearance perspective. It will give it the appearance that this is more of a secluded enclosed area. But we would like to withhold a decision about whether or not we put a fence along this portion. Primarily because for two reasons, one it is not really visible from the right-of-way; so, it is not an aesthetic issue, and the second is that we hope we can encourage people to go back and forth between and within these properties. We think a fence might prohibit that. I can tell you that if in fact we have a problem with vandals, or other people in the areas around us present a crime problem or a vandalism problem, the you will be the first one to put a fence there and probably elsewhere as well. You're not going to put $30 million dollars just in these two buildings, and then keep a fence from prohibiting you from doing what you need to do. So, we feel this would solve much needed issues the Commission was looking at earlier. Again, staff is recommending approval. We have no opposition, and I hope you will consider this as things as we can move forward with this application on. I am happy to answer any questions you might have. Ed, I thank you for your patience. Dave Redmond: Okay. Thank you Mr. Nutter. Are there any questions for Mr. Nutter? Is there anybody? Mr. Hodgson. Jeff Hodgson: The premium vinyl siding. Is that going to be like a cedar shake like the nailight product where it looks or just flat vinyl. R.J. Nutter: Sure, I know exactly what you're saying. Let me ask. It is a great question. I don't know the answer to. Dave Redmond: Mr. Rudiger. David Rudiger: Thank you. Dave Redmond: Would you state your name please. David Rudiger: David Rudiger for the applicant. And, the premium vinyl was a thicker gauge of vinyl so it is less acceptable to cupping and warping. Some of it, will in fact, will be of the cedar shake. The design and some of it will be of the plank design. Jeff Hodgson: Okay. Item #6 Newtown Square Associates, L.L.C. Page 4 Dave Redmond: I have a follow up to that. Do you have any idea, and not down to decimal points, but a ball park of what percentage of that is brick and what percentage is the premium vinyl that you're talking about David. David Rudiger: No, I don't. Dave Redmond: Okay. I'm looking and it looks like something about a quarter or fifty percent to me. So, I don't want to sell you short or oversell it. David Rudiger: I'd be guessing it is the same as you. I haven't done the calculations. Dave Redmond: Okay. Thank you. Mr. Ripley. Ron Ripley: Can I ask David a question? The railing systems? What materials will be used for that? David Rudiger: We use a powdered coated aluminum. Ron Ripley: Okay. That's good. How about fascial boards and whatever you're going to wrap those. David Rudiger: We use either a PVC material or a wrap material so that everything is low maintenance and it stands up well over time. Ron Ripley: Good. Thank you. David Rudiger: We intend to hold these and manage them as well as build them. Dave Redmond: Other questions for Mr. Rudiger and while he is here, Mr. Nutter. Sorry, I didn't mean to kick you out of the way. R.J. Nutter: That's alright. Dave Redmond: Questions for Mr. Nutter or Mr. Rudiger? Mr. Thornton. Bob Thornton: I may have missed it, but in the fencing that you're proposing along the back and possibly along the western side, one of the comments that we talked about earlier was maybe some brick columns with aluminum rail or what appears to be wrought iron, and I'm not using it as a perfect example but the Springhouse project they did on Northampton and Diamond Springs, it gives it a sense of a community. You can see through it. It is landscaped nicely, and it would probably not make sense to put up white panel fencing around this thing. Do you have anything in mind as to what you are going to do? David Rudiger: Yes sir. We just are in the process of constructing a project in Hampton where we have done a similar fence design along the road, and that project we put brick columns at the entrances and then used a black powered coated aluminum fence between. It gives it a very nice look. Bob Thornton: Thank you. Item #6 Newtown Square Associates, L.L.C. Page S Dave Redmond: Are there any other questions for Mr. Nutter? Mr. Inman. Mike Inman: Can you clarify where you're going to put the fencing? Was it proffered? R.J. Nutter: What we are proposing is along the eastern border line separating. I'll let you. David Rudiger: Along Baker Road here and then between the Newport condominiums and the property along that line. There is existing fence here and there is existing fence here. Mike Inman: Why would you choose not to put it between the retail and the apartment? David Rudiger: We're trying to actually encourage motion between the retail and the residential as a mixed use type of community, and we feel like a barrier there would discourage instead of encourage that interaction. Dave Redmond: I think that's partly what they are trying to do with regard to the movement between those outparcels and then the retail building. They want to cut down the traffic coming from people who are naturally going to be visiting and today, those are outparcels and the retail component. Are there any other questions for Mr. Nutter and or Mr. Rudiger? Is there anyone? Bob Thornton: We didn't talk on it yet. Maybe we will wait until we close the hearing about the hearing. The third concern we had was access. Dave Redmond: He did talk about it. I think you may have stepped out. David Rudiger: Mr. Thornton, we agreed to a right-in/right-out. Bob Thornton: Okay. Thank you. David Rudiger: I let Ric know that earlier. Dave Redmond: We have them staring at Dr. White, and we need not deal with that today. I assume that is going to be resolved Mr. Lowman in site plan review and beyond. Okay. Thank you. Bob Thornton: Sorry, I wasn't here for that. Dave Redmond: Alright, is there anybody else? No. Mr. Rudiger, thank you. Mr. Nutter, thank you. R.J. Nutter: Gentlemen, always a pleasure. My best, and my congratulation to each of you. You got to serve and you served with distinction and made a difference. Dave Redmond: Thank you Mr. Nutter. R.J. Nutter: It was my pleasure. Item #6 Newtown Square Associates, L.L.C. Page 6 Bob Thornton: Well, we had Mr. Snyder to speak but Mr. Nutter has answered his questions and sent him on back to work; so, we have nobody else to speak. Again, by chance, is Mr. Snyder still here. Did you say he left? R.J. Nutter: He left. Bob Thornton: He left. Okay. He is not here. We have no more speakers. Dave Redmond: Well alright. With that, we will close the public hearing and open it up for discussion. Mr. Ripley. Ron Ripley: I appreciate the applicant's consideration. I think the modification that he has agreed to make here will improve the application. The right -in /right -out is a tremendous concession, and the placing of the fencing, of the quality fencing, along those areas, I think will help. I think the comment that the counsellor mentioned regarding if issues show up, because security is real important in apartment communities, and owners are very sensitive to that. If there is an element coming into the property they want to try and control, I would think putting a fence up would be the first thing he would do, and so, we know the applicant well, and we know they would take care of their situation. I have no problem with it. I think the concessions he has made are fine. And you know the vinyl itself is. I have properties that are 30 years with vinyl and you have had to replace it. It is a lasting material as well as a hardieplank. Hardieplank might be a little more durable, but you also have to paint it from time to time, probably not going to have to do with the vinyl, and it is up high, and if he is using a light material. It will be fine. I'm okay with the modification. Dave Redmond: I am too. I think you very adequately and well answered my questions with regard to the materials, and I agree with Mr. Ripley, those are some tangible and some substantial improvements that improve it. As I said this morning, we don't want to discourage this kind of activity, either in the Newtown Road Corridor or for that matter anywhere in Virginia Beach. You might not have heard this Mr. Nutter or Mr. Rudiger, it is not that we have too much retail in Virginia Beach, but we have, I think, in some places, too many retail properties that have long ago outlived their usefulness. The building themselves, their useful life as structures without an enormous investment in rehabilitation are beyond their years, and this kind of redevelopment, particularly of this kind, quality, and scale in a corridor like this is to be encouraged in my view and not discouraged; so, we do appreciate the activity that you are undertaking. Mr. Rudiger, I think we first met about 9 years ago at this property and it looked the same. And so it is ripe for some sort of redevelopment opportunity, and now that the opportunity has come, I'm glad that you are able to seize on it. And I hope you will be very successful doing it. Does anybody else have questions or comments? Donald Horsley: I will just make a comment. I am real pleased that somebody has taken interest. This is a sizeable investment to be making in this area. Hopefully, this will continue to help revitalize this area. Dave Redmond: This area to be clear though this area has seen some investment, not of this scale, but over a little bit farther, and I'm directionally challenged, and I'm going to say to the north as you get closer to Haygood Road. It's coming. It's coming. And I think this is a bold and long stroke that will hopefully, will accelerate some of the redevelopment in this area, and I think it is wonderful. As I said before, I hope you are very successful at it. Is there anybody else? If not, I will be looking for a motion. Item #6 Newtown Square Associates, L.L.C. Page 7 Mike Inman: Mr. Chairman, I move that we approve the application as modified by the addition of these additional proffers, the right-in/right-out and the fencing. Dave Redmond: To be clear, they will be addressed in site plan review and not as part of our application today. Phil Russo: Second. Dave Redmond: There is a motion by Commissioner Inman, and seconded by Commissioner Russo to approve the application. Is there any further discussion? David Weiner: Mr. Chairman. Dave Redmond: Here comes Mr. Weiner again. Buckle up. David Weiner: You all will have one of these, one day. Dave Redmond: Mr. Weiner. David Weiner: In accordance with Virginia Code Sections 2.2-3100 and following, I make the following disclosure. In regard to application #6, Newtown Associates on the December Planning Commission agenda, I am an employee of Batchelder and Collins, and an entity of Newtown Associates, Boyd Homes, is a client of Batchelder and Collins. It is not reasonably forseeable that Batchelder and Collins will benefit from my vote as it is ultimately a decision of City Council for the approval of this application. As such, I am able to participate in the transaction fairly, objectively and in the public interest. Dave Redmond: Thank you Mr. Weiner. David Weiner: I'll share this with everybody. Dave Redmond: Mr. Ripley. Ron Ripley: We are adding the fence on those two property lines. Dave Redmond: As a condition. Ron Ripley: Yeah. I guess it is the east and the north. Stephen White: Mr. Chairman, if it will clarify and give you some reassurance, what I plan to do, and I don't think Mr. Nutter will object to this, is between the Planning Commission and City Council have them add these items to the site plan so it will be included as a proffer. Dave Redmond: Is that satisfactory Mr. Ripley? Ron Ripley: Oh yeah. Item #6 Newtown Square Associates, L.L.C. Page 8 Dave Redmond: Okay. Great. Is there anything else? Mr. Weeden, it is up to you. Ed Weeden: The vote is open. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Commission has approved item 6 for approval. Dave Redmond: Thank you very much Mr. Nutter, Mr. Rudiger and everyone involved. Mr. Hodgson, Mr. Thornton, Mr. Russo. Good luck to you. And thank you for your service. All of you thank you very much for your service. It has been a pleasure, and Don and I are not going anywhere. We are not disappearing. We still live here, and we are going to be close at hand. If you ever need any help, and I know I speak for him to in saying, let us know if we can help you in any way. We will be glad to do so. Is there anything else to come before this Commission? Meeting is adjourned. In Reply Refer To Our File No. DF -9179 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 8, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Newtown Square Associates, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 20, 2015. 1 have reviewed the subject proffer agreement, dated December 31, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 31'5 day of `lp6C,.,ler- , 2014, by and between NEWTOWN SQUARE ASSOCIATES, L.L.C., a Virginia limited liability company ("Newtown", to be indexed as grantor), PROVIDENCE DEVELOPMENT CORP., a Virginia corporation ("Providence", to be indexed as grantor) (Newtown and Providence together referred to herein as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, Newtown is the current owner of that certain parcel located in the City of Virginia Beach, Virginia identified as GPIN Number 1468-30-3340 (the "Newtown Parcel"), which is more particularly described on the attached Exhibit A; WHEREAS, Providence is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Number 1467-39-2620 (the "Providence Parcel"), which is more particularly described on the attached Exhibit B; and WHEREAS, the Newtown Parcel and the Providence Parcel are together referred to herein as the "Property"); and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia by petition addressed to the Grantee, so as to change the classification of the Property from B-2 and A-18 to Conditional B-4; and WHEREAS, Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-4 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPlN Nos.: 1468-30-3340 and 1467-39-2620 229663970 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title of interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest of title, namely: 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Site Improvement Associates, Inc., entitled "Zoning Exhibit for Newpointe Shopping Center," and dated August 26, 2014, revised December 31, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred and sixty eight (268). 3. The architectural style and quality of materials of the multifamily residential buildings constructed on the Property (together the "Residential Buildings"), when developed, shall be substantially compatible with the residential building elevations entitled "544 Newtown Road, Boyd Homes, Virginia Beach, Virginia," dated September 25, 2014, and prepared by Humphreys & Partners Architects, L.P. (the "Apartment Elevations"). A copy of the Apartment Elevations is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Any future modifications to the exterior of the Residential Buildings shall 2 229663970 be consistent with the architectural style and quality of materials depicted on the Commercial Apartment Elevations. 4. The architectural style and quality of materials of the exterior fagade of the existing commercial building located on the southern portion of the Property that will be retained and renovated as per the Concept Plan (the "Commercial Building"), when renovated, shall be substantially compatible with the building elevation entitled "Newpointe Shops," dated September 2014, and prepared by Martin & Martin Architecture, Inc. (the "Commercial Elevations"). A copy of the Commercial Elevations is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Any future modifications to the exterior of the Commercial Building shall be consistent with the architectural style and quality of materials depicted on the Commercial Elevation. 5. Further conditions lawfully imposed on applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of page intentionally left blank. Signature pages to follow.] .c3 229663970 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: NEWTOWN SQUARE ASSOCIATES, L.L.C., a Virginia limited liability company By: BOYD CORP., its manager By: 14: A-, COMMONWEALTH/STATE OF V I rM I n 106 CITY/COUNTY OF , to -wit: Cj The foregoin 'nstrument was acknowledged before me this day of &^tA, 201_5 , by , who is personally known to me or has produce a 'dentification, in his/her capacity as of Boyd Corp., on behalf of the company. YYl Notary Public My Commission Expires: l - 3 t. a© t Registration No. —7055 5kC10 [NOTARIAL SEAL/STAMP] REGISTRATION NO. 7053290 = �� •. 0F VIRGIN�P ' G \\�: 110111111110 M 229663970 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: PROVIDENCE DEVELOPMENT CORP., a Virginia corporation By. Nam v' S• .xd► Title:�-�- COMMONWEALTH/STATE OF In 10L CITY/COUNTY OF k C�, , to -wit: The foregoin ' strument was acknowledged before me this ek day of jam , 201 J , by t who is personall known to me or has prod ed as i entification, in his/her capacity as `Pres;denic of Providence Development Corp., on behalf of the company. Notary Public My Commission Expires: l•3t- a -OBIT Registration No. -7o5 3 R t, [NOTARIAL SEAL/STAMP] E A4 REGISTRATION NO. 7053290 = .Q C i'•'o jOF VIRGIN�p 229663970 Exhibit A Legal Description of Newtown Parcel ALL THAT certain lot, piece or parcel of land, situated in the Bayside Borough, City of Virginia Beach, together with the improvements thereon and the appurtenances thereto belonging, and designated as PARCEL F-1, as shown on the plat entitled "RESUBDIVISION OF PARCELS E, F & G, SUBDIVISION OF PARCELS A, F AND G AS SHOWN ON SUBDIVISION OF NEWPOINTE AND PARCEL B, AS SHOWN ON SUBDVISION OF PROPERTY FOR FRUEHAUF CORPORATION", prepared y John E. Sirine and Associates, Ltd., Surveyors and Engineers, Virginia Beach, which plat is of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2777, at pages 1307 and 1308. TOGETHER WITH the western twelve feet of a twenty-four foot ingress/egress easement dedicated in Map Book 186 at page 68, and also shown in Deed Book 2777 at page 1307. C 229663970 Exhibit B Legal Description of Providence Parcel ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and appurtenances thereunto belonging, lying situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as PARCEL G -1-C as shown on that certain plat entitled "SUBDIVISION OF PARCEL GOl AND BEING A RESUBDIVISION OF PARCELS E, F, AND G, SUBDIVISION OF PARCELS A, F AND G AS SHOWN ON SUBDIVISION OF NEWPOINTE AND PARCEL B, AS SHOWN ON SUBDIVISION OF PROPERTY FOR FRUEHAUF CORPORATION (D.B. 2447, P. 906 & 907) FOR PROVIDENCE DEVELOPMENT CORP., BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 229 at page 60. TOGETHER WITH all right, title and interest in that certain Declaration of Reciprocal Cross Easements and Maintenance Covenants and Agreement as recorded in Deed Book 3245 at page 137, and that certain 24' ingress/egress easement as shown in Map Book 229 at page 60 and in Map Book 248 at page 3. IT BEING a portion of the same property conveyed to Providence Development Corp., by Deed of Confirmation from Joseph W. Boyd, et als, dated March 1, 1985 and recorded March 5, 1985 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2409 at page 979. 7 229663970 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG MOTOR CAR COMPANY, INC. (Applicant)/JULIA H. LAWRENCE TRUST (Owner), (A) Change of Zoning from A-12 Apartment (324 Nelms Lane / GPIN 1467770065) and B-2 Community Business (5200, 5220, 5228, & 5232 Virginia Beach Boulevard / GPINs 1467761791, 1467760982, 1467669850 & 1467669913) to Conditional B-2 Community Business, AND (B) Conditional Use Permit for Auto Sales and Service. COUNCIL DISTRICT — BAYSIDE. MEETING DATE: January 20, 2015 ■ Background: The applicant requests a Change of Zoning of 2.90 acres of property from A-12 Apartment District and B-2 Community Business District to Conditional B-2. The applicant also requests a Conditional Use Permit for automobile sales and service. The site currently consists of five parcels, which will be combined and redeveloped with a new 22,000 square foot sales and service building and parking areas. ■ Considerations: The applicant proposes to close a total of three existing curb cuts: one along Nelms Lane and two along Virginia Beach Boulevard. After redevelopment of the site, vehicular ingress/egress is proposed from just two points, one along each right-of-way. Right-of-way improvements will be required along the Nelms Lane frontage. Improvements include, but are not limited to, pavement widening, curb & gutter, and streetlights to coincide with the adjacent right-of-way improvements. An off-road demo course is proposed immediately adjacent to Northridge Road, the access into the adjacent townhouse community. Category IV screening within a 15 -foot wide buffer will be installed along the property lines where this site abuts the existing townhouse community, which is zoned A-12 Apartment District, to the north and east. Also depicted on the plan are the minimum landscaping requirements for streetscape plantings along both rights-of-way, foundation plantings along the building's facade and interior parking lot trees. The landscape elements will be reviewed in more detail during final site plan review. No stormwater management strategy is shown on the plan. The submitted elevations depict a predominately earth -tone, EIFS exterior with two distinct accent elements with branding — the Land Rover "tower" and the CHECKERED FLAG Page 2 of 4 leaping Jaguar portico. There are garage bay doors proposed on the east side of the building, adjacent to the townhomes, as well as along the rear of the building. No garage doors are proposed along the facade facing Nelms Lane. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0-1, to recommend approval of this request to the City Council as proffered and with the following conditions: PROFFERS PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," dated August 25, 2014, prepared by MSA, Inc., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, it shall landscaped substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," dated August 25, 2014, prepared by MSA, Inc., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). PROFFER 3: When the Property is developed, the building elevations will be as depicted on the exhibits entitle, "Checkered Flag Jaguar Land Rover, dated September 24, 2014, prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 4: When the Property is developed, the design of the signage will be in substantial conformance with the sign exhibits entitled, "Multibrand 8, Jaguar Portico Logo Face Mounted, Land Rover Landmark Tower," herein exhibited to the Virginia Beach City Council and on file with the Virginia Beach Department of Planning (hereinafter "Signage"). CHECKERED FLAG Page 3 of 4 PROFFER 5: All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales and service premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building - mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non- business hours. PROFFER 6: The use of the Property shall be for automobile sales and service, display and showroom, rentals and/or accessory parking. CONDITIONS: With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," prepared by MSA, P.C., dated 08/25/14, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review and shall depict an all- weather solid fence, minimum height of six (6) feet to be installed along all property lines adjacent to the A-12 Apartment District. 4. Any existing "nonconforming" free-standing signs shall be removed. The freestanding sign (pylon sign as identified on the plan referenced in Condition 1 above) shall be as depicted on the exhibit entitled, "Multibrand 8," and shall be limited to eight feet in height. CHECKERED FLAG Page 4 of 4 5. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 6. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 7. No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 9. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 10. All automotive repair work shall be conducted inside the building. ��. All existing chain-link and barbed-wire fencing shall be removed from the property. The use of chain-link and/or barbed-wire shall be prohibited from use along any property line adjacent to the A-12 Apartment District zoning or if visible from any right-of-way. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. , SAYSIOE Ma n -s Checkered Flag Motor Car Co., Inc. I Al2 7-- jfti� . r -AAS B23R Br `~ ,44` Y OO X12 �Cy B2- 04b 82 op.. Sr,..n.Mwm. Zoning Change hom A-12 6 8.2 to Conditional 0-2 CUP /or Auto Sales and Service D2 December 10, 2014 Public Hearing APPLICANT: CHECKERED FLAG MOTOR CAR CO., INC. PROPERTY OWNER: JULIA H. LAWRENCE TRUST; CHECKERED FLAG MOTOR CAR CO., INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: A. Conditional Change of Zoning (A-12 Apartment & B-2 Community Business Districts to Conditional B-2 Community Business District) B. Conditional Use Permit (motor vehicle sales & service) ADDRESS / DESCRIPTION: 324 Nelms Lane, 5232 Virginia Beach Boulevard, 5226 Virginia Beach Boulevard, 5200 Virginia Beach Boulevard APPLICATION HISTORY: These applications were deferred on November 12, 2014 due to the Conditional Zoning Agreement not being submitted on or prior to the deadline established by the Zoning Ordinance. The City Attorney's Office has approved the CZA; therefore, these applications can now be heard by the Planning Commission. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14676699130000 BAYSIDE 2.90 acres Less than 65 dB DNL 14676698500000 14677609820000 14677617910000 14677700650000 CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 1 BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone 2.90 acres of both A-12 Apartment District and B-2 Community Business District property to Conditional B-2. Auto sales and service in the Business Districts requires a Conditional Use Permit. The rezoning from A-12 to B-2 for the almost half -acre, northern site is required to operate the auto sales and service. A Conditional Use Permit for auto sales was approved on two of the sites, one in 2007 and the second in 1992. The applicant is currently selling automobiles on a portion of the property under those approved Conditional Use Permits. The rear of the properties appears to be mainly storage and is untidy. The existing fence along the apartment district properties lines is failing in many places. Details The site plan depicts the consolidation and redevelopment of five parcels in order to construct a new 22,000 square foot auto dealership building and parking areas. The applicant proposes to close a total of three existing curb cuts: one along Nelms Lane and two along Virginia Beach Boulevard. After redevelopment of the site, vehicular ingress/egress is proposed from just two points, one along each right-of-way. Right-of-way improvements will be required along the Nelms Lane frontage. Improvements include, but are not limited to, pavement widening, curb & gutter, and streetlights to coincide with the adjacent right-of-way improvements. An off-road demo course is proposed immediately adjacent to Northridge Road, the access way into the townhouse community. Category IV screening within a 15 -foot wide buffer will be installed along the property lines where this site abuts the existing townhouse community, zoned A-12 Apartment District, to the north and east. Also depicted on the plan are the minimum landscaping requirements for streetscape plantings along both rights-of-way, foundation plantings along the building's facade and interior parking lot trees. The landscape elements will be reviewed in more detail during final site plan review. No stormwater management strategy is shown on the plan. The submitted elevations depict a predominately earth -tone, EFIS exterior with two distinct accent elements with branding — the Land Rover "tower" and the leaping Jaguar portico. There are garage bay doors proposed on the east side of the building, adjacent to the townhomes, as well as along the rear of the building. No garage doors are proposed along the facade facing Nelms Lane. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: auto sales and vacant dwellings SURROUNDING LAND North: . Townhomes / A-12 Apartment District USE AND ZONING: South: . Virginia Beach Boulevard • Auto sales / Conditional B-2 Community Business District East: . Northridge Road • Retail, townhomes / B-2 Community Business District, A- 12 Apartment District West: . Nelms Lane CHECKERED FLAG MOTOR QAR L0 ;,�,NC,: Agenda Item, D2 Pale 2 • Retail / B-2 Community Business District NATURAL RESOURCE AND This site is within the Chesapeake Bay watershed. As most of these CULTURAL FEATURES: properties are already developed, other than several substantial large canopy trees, there are no expected cultural or natural features on these sites. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as `Suburban Area' and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable Suburban Area neighborhoods. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to stable neighborhoods: preserve neighborhood quality, create and protect open spaces and connect suburban mobility. Preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This can be accomplished by ensuring: compatibility of uses; quality and attractive layouts and buildings; improved mobility; environmental responsibility; enhanced livability; and, sufficient buffering with respect to type, size, intensity, and relationship to the surrounding uses, (page 3-1). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight -lane divided major urban arterial. The MTP proposes an eight -lane facility within a 155 -foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level Of Service D. Nelms Lane in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for these streets in the vicinity of the application. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 36,403 ADT 34,940 ADT (Level of Existing Land Use — Boulevard Service "C") — 64,260 288 ADT ADT' (Level of Service Proposed Land Use 3 _ "E"L 733 ADT Average Daily Trips 2 as defined by A-12 zoning and existing auto sales 3 as defined by 22,000 square foot auto dealership WATER: These sites are all currently connected to City water. There are several existing water meters that can be used or upgraded to accommodate the proposed development. SEWER: These sites are all currently connected to City sanitary sewer. Analysis of Pump Station #356 and #351 and the sanitary sewer collection system is required to ensure future flows can be accommodated. CHECKERED FLAG MOTOR O R G0 ,= +1C. Agenda Item D2 Page 3 a EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. While there is likely consensus that these five properties are suitable for redevelopment, it should be noted that the need for a Conditional Use Permit is to evaluate the impact and compatibility of a use relative to surrounding properties. This redevelopment project is flanked by two right-of-ways - Nelms Lane and Northridge Road - that serve as the entry way into the residential communities. Northridge Road serves a townhouse community and Nelms Lane is a mix of vacant A-12 zoned parcels, small businesses and numerous multifamily dwelling units. While a retail operation and an auto dealership are not necessarily the ideal uses at the entry into a community, Staff recognizes that furniture sales and automotive related uses have been prevalent along this section of Virginia Beach Boulevard for many, many years. In fact, Conditional Use Permits for auto sales have been approved on two of the sites, one in 2007 and the second in 1992. Section 220 of the City Zoning Ordinance requires that conditions and restrictions be imposed to assure compatibility with the neighborhood in which it is located, i.e., when commercial uses abut less intense uses, such as dwelling units. In an attempt to ensure this, beyond the minimum required plantings that are depicted on the plan, Staff recommends a condition to shield those properties from the auto related uses with the addition of a privacy fence. In addition, the entire 2.90 acres will be rezoned to Conditional B-2 with a set of proffers that will provide a high level of predictability and an expectation by the public, Staff, etc., of the building materials and site design. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. The following Guidelines can be applied to this request. Site Landscaping: Non-residential uses that adjoin areas planned for residential use should employ effective landscape design techniques and placement of appropriate plant materials to buffer or screen such uses, including landscape treatment of any related freestanding signs. Screening may include massing of plant material and hedgerows in conjunction with berms, fences, and walls. Staff recommends that along with the required Category IV screening, a solid fence be installed along the property lines adjacent to the Apartment Districts. Architectural Elements and Building Materials: Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment. Staff recommended to the applicant that the side facade located adjacent to and visible from Nelms Road be upgraded to possess as much detail as the primary facade facing Virginia Beach Boulevard. In Staff's opinion, the side elevation would be significantly improved if curtain walls and stone veneer were added. Lighting: All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. Staff has recommended a condition requiring the submittal of a lighting plan during final site plan review. Signage: All signs should be consistent in color and theme with the primary building. Signs in all nonresidential areas should be clearly legible to both motorists and pedestrians. Oversized or overly elaborate signs that compete for attention or which create visual clutter are discouraged. The future freestanding sign proposed at the Virginia Beach Boulevard ingress/egress point meets this CHECKERED FLAG MOTOR .CAR C0.,11�1C; Agenda Item D2 Pai0e 4 recommendation as it is depicted on the exhibit with a reasonable height of eight feet. However, as only three signs are allowed by the Zoning Ordinance, a Board of Zoning Appeals Variance for the four signs depicted will be required. Access and Circulation: Coordinate access with or provide from the secondary street system or by cross - parcel easements whenever possible. As the project is a consolidation of five properties with the elimination of several curb cuts, the plan is consistent with this Guideline. Parking Areas: Landscaping for the parking areas should be strategically located to provide screening of uses, shading of the parking lot, green space and visual relief. The submitted concept plan is consistent with this Guideline. In sum, the proposal represents a good redevelopment of a site at a prominent location. The use is compatible to the surrounding area and is in conformance with the Comprehensive Plan's recommendations for this area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," dated August 25, 2014, prepared by MSA, Inc., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, it shall landscaped substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," dated August 25, 2014, prepared by MSA, Inc., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). PROFFER 3: When the Property is developed, the building elevations will be as depicted on the exhibits entitle, "Checkered Flag Jaguar Land Rover, dated September 24, 2014, prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 4: When the Property is developed, the design of the signage will be in substantial conformance with the sign exhibits entitled, "Multibrand 8, Jaguar Portico Logo Face Mounted, Land Rover Landmark Tower," herein exhibited to the Virginia Beach City Council and on file with the Virginia Beach Department of Planning (hereinafter "Signage"). CHECKERED FLAG MOTOR ,,C -A, Agenda Item D2 Pale 5 n. PROFFER 5: All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales and service premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. PROFFER 6: The use of the Property shall be for automobile sales and service, display and showroom, rentals and/or accessory parking. 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 provide a high level of certainty and predictability to the quality of site and building design. The City Attorney's Office has reviewed the proffer agreement dated October 22, 2014, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," prepared by MSA, P.C., dated 08/25/14, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review and shall depict an all-weather solid fence, minimum height of six (6) feet to be installed along all property lines adjacent to the A-12 Apartment District. 4. Any existing "nonconforming" free-standing signs shall be removed. The freestanding sign (pylon sign as identified on the plan referenced in Condition 1 above) shall be as depicted on the exhibit entitled, "Multibrand 8," and shall be limited to eight feet in height. 5. All garage doors shall remain closed other than for the maneuvering of vehicles in and out,of CHECKERED FLAG MOTOR CAR`4C-O , ICCs Agenda Item D2 Pae 6 service bays. 6. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 7. No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 9. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 10. All automotive repair work shall be conducted inside the building. 11. All existing chain link and barbed wire fencing shall be removed from the property. The use of chain link and/or barbed wire shall be prohibited from use along any property line adjacent to the A-12 Apartment District zoning or if visible from any right-of-way. 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. �tl CHECKERED FLAG MOTOR BAR Agenda Item D2 Poe 7 PROPOSED SITE LAYOUT CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 9 w i! 4� �E s sE I PROPOSED BUILDING ELEVATIONS CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 10 f!� r 31 3 ji t a ' o , W F W st PROPOSED BUILDING ELEVATIONS CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 10 9 PROPOSED BUILDING ELEVATIONS CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 11 PROPOSED SIGNAGE (BZA Variance required as shown) CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 12 LOCATED AT STREET 6'-10 11/16" _-1 LAND ROVER RANGE ROVE R JAGUAR 3.5 30 CHROME LEAPER 8 3D JAGUAR CHROMED LETTERS KEYLINE ILL UWNATION LAND ROVER -000 : DOME FORMED CLEAR ACRYLIC FACE MIRROR STAINLESS STEEL ACCENT RING VT 2791 OPAQUE GREEN BACKGROUND FILM (Second Su•fece) OPAQUE SILVER CHROME 3635-110 LETTERS 6 BORDER �Irsl Su,foce) WHITE KEYLINE AROUND LETTERS 6 BORDER PAINTEDTRANSLUCENT WHITE (Second SuHece) RANGE ROVER 0941: ROUTED OUT GRAPHIC OPENINGS MOULDED SILVER ACRYLIC LETTERS MOUNTED ON CLEAR ACRYLIC WITH 70 DIFFUSER WHITE KEYLINE AROUND LETTERS PROPOSED FREESTANDING SIGN CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 13 ATTACHED TO BUILDING FACADE PLANVIEW EO 17-T EO 8'-5' B'-5' Y-1' 1 �iY9111w� L � ( III 12'-6' JAGUAR PORTICO LOGO FACE MOUNTED MOULDED CHROME LEAPER ON CURVED CABINET FINISHED JAGUAR BRONZE TO MATCH RADIUS OF PORTICO ARCHITECTURE JAGUAR CHROMED ACRYLIC FORMED LETTERS WHITE HALO LEO ILLUMINATION Pattieon Sign Group 1 (800) 268-6536 All Identification Program Components P lanufactured To Jaguar Land Rover Range Ra.er Specifications SIGNAGE EXHIBIT CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 14 LAND ROVER / RANGE ROVER SIGNS ATTACHED TO BUILDING FACADE (SEE CUT SHEETS OF INDIVIDUALS) LAND ROVER AND RANGE ROVER 516N5 MOUNTED TO BUILDING FACADE SIGNAGE EXHIBIT CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 '- Page 15 -; a i G3gGy®fes LAND ROVER LANDMARK TOWER ATTACHED TO BUILDING SIGNAGE EXHIBIT CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 '- Page 15 -; ZONING HISTORY # DATE REQUEST ACTION 1 09/13/11 CUP (car wash) Granted 10/24/06 MOD of CUP Granted 04/25/06 MOD of CUP Granted REZ (R-7.5 to Conditional B-2) 03/08/05 MOD of CUP Granted REZ (R-7.5 to Conditional B-2) 04/10/02 CUP (motor vehicle sales) Granted 10/23/01 CUP (motor vehicle sales & service) Granted REZ (R-7.5 to Conditional B-2) 10/10/94 CUP (motor vehicle sales & service) Granted REZ (R-7.5 to Conditional B-2) 05/25/93 CUP (parking lot & storage) Granted 05/23/88 CUP motor vehicle sales & service Granted 2 09/25/07 CUP motor vehicle sales Granted 3 02/27/01 REZ A-12 to Conditional B-2 Granted 4 02/24/98 CUP motor vehicle rentals Granted 5 03/14/95 CUP motor vehicle sales Granted 6 10/13/92 CUP motor vehicle sales & service Granted CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 16 DISCLOSURE STATEMENT77771 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) S►tyQC>Z.- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 'Ct P0. �� A 1 C41-0 - ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes F1 No If yes, what is the name of the official or employee and the nature of their interest? conditional Use Permit Applicatlon Pape 9 of 10 Revised 11/1/2013 0e; O _V 06.4 2� 1-4 b—y 01 PQ 0.4W c, O A O V DISCLOSURE STATEMENT CHECKERED FLAG MOTOR .CAR 00 , SNC; Agenda Item D2 Pag,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) n W In e_ B30.lok. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents entry uponPe subject property by employees of the Department of Planning to photograp nd view this for purposes of processing and evaluating this application. Print Name applicant) 1 Print Name DISCLOSURE STATEMENT CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 18 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) �c�.S�pC�ti . �>E•lr_S�cti�,�-, •Scc,►.� 2. List List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes )oes an official or employee of the City of Virginia Beach have an interest in the ubject land? Yes NoNF yes, what is.the name of the fficial or employee and the nature of their knterest? 4 No E 0 0 I l C DISCLOSURE STATEMENT CHECKERED FLAG MOTOR 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) TaUJhR,Ba. k,%. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the, - business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is'otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 6u -- Applicant's Signature _ Print Name 17 (if different than applicant) Print Name DISCLOSURE STATEMENT CHECKERED FLAG MOTOR CAR CO., INC. Agenda Item D2 Page 20 Item #D2 Checkered Flag Motor Car Company, Inc. Change of Zoning Conditional Use Permit District 4 Bayside December 10, 2014 CONSENT An application of Checkered Flag Motor Car Company for A. Conditional Change of Zoning (A-12 Apartment & B-2 Community Business Districts to Conditional B-2 Community Business District) and B. Conditional Use Permit (motor vehicle sales & service) on property located at 324 Nelms Lane, 5232 Virginia Beach Boulevard, 5226 Virginia Beach Boulevard, 5200 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14676699130000; 14676698500000; 14677609820000; 14677617910000 14677700650000. PROFFERS PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," dated August 25, 2014, prepared by MSA, Inc., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, it shall landscaped substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," dated August 25, 2014, prepared by MSA, Inc., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). PROFFER 3: When the Property is developed, the building elevations will be as depicted on the exhibits entitle, "Checkered Flag Jaguar Land Rover, dated September 24, 2014, prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 4: When the Property is developed, the design of the signage will be in substantial conformance with the sign exhibits entitled, "Multibrand 8, Jaguar Portico Logo Face Mounted, Land Rover Landmark Tower," herein exhibited to the Virginia Beach City Council and on file with the Virginia Beach Department of Planning (hereinafter "Signage"). PROFFER 5: Item #D2 Checkered Flag Motor Car Company, Inc. Page 2 All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales and service premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. PROFFER 6: The use of the Property shall be for automobile sales and service, display and showroom, rentals and/or accessory parking. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Checkered Flag — Land Rover/Jaguar, Virginia Beach, Virginia," prepared by MSA, P.C., dated 08/25/14, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 3. A landscape plan shall be prepared by a landscape professional and submitted for Development Services Center review and shall depict an all-weather solid fence, minimum height of six (6) feet to be installed along all property lines adjacent to the A-12 Apartment District. 4. Any existing "nonconforming" free-standing signs shall be removed. The freestanding sign (pylon sign as identified on the plan referenced in Condition 1 above) shall be as depicted on the exhibit entitled, "Multibrand 8," and shall be limited to eight feet in height. 5. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 6. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Services Center review. 7. No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. Item #D2 Checkered Flag Motor Car Company, Inc. Page 3 9. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 10. All automotive repair work shall be conducted inside the building. 11. All existing chain link and barbed wire fencing shall be removed from the property. The use of chain link and/or barbed wire shall be prohibited from use along any property line adjacent to the A-12 Apartment District zoning or if visible from any right-of-way. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D2. By a vote of 9-0-1, with the abstention so noted, the Commission approved item D2 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. AYE 9 NAY 0 ABS 1 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0-1, with the abstention so noted, the Commission approved item D2 by consent. Billy Garrington appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -9163 TO: Mark D. Stiles t FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 8, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Checkered Flag Motor Car Company, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 20, 2015. 1 have reviewed the subject proffer agreement, dated October 22, 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 U � � oz 9 �r 9 Op OUR NPT�ON b� e 5 In Reply Refer To Our File No. DF -9163 TO: Mark D. Stiles t FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 8, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Checkered Flag Motor Car Company, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 20, 2015. 1 have reviewed the subject proffer agreement, dated October 22, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen This Document Prepared by: Morris H. Fine, VSB #4074 Fine, Fine, Legum & McCracken, LLP 2101 Parks Avenue, Suite 300 Virginia Beach, VA 23451 THIS AGREEMENT made this 22°d day of October 2014, by and between EVERGREEN VIRGINIA, LLC, a Virginia limited liability company, Property Owner, herein referred to as "Grantor", party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Bayside Borough district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of B-2 and A-12 to Conditional B-2 Community Business District (Conditional); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will GPIN 1467-66-9913, 1467-66-9850, 1467-76-0982 1467-76-1791& 1467-77-0065 Page 1 of 6 be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Parcel Five and the Property as a whole 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, 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 rho gu_o for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF CHECKERED FLAG - LAND ROVER/JAGUAR, VIRGINIA BEACH, VIRGINIA", dated Page 2 of 6 August 25, 2014 prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF CHECKERED FLAG - LAND ROVERIJAGUAR, VIRGINIA BEACH, VIRGINIA", dated August 25, 2014 prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). 3. When the Property is developed, the building elevations will be as depicted on the exhibits entitled "Checkered Flag Jaguar Land Rover" dated September 24, 2014 prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 4. When the property is developed, the design of the signage will be in substantial conformance with the sign exhibits entitled, "Multibrand 8, Jaguar Portico Logo Face Mounted, Land Rover Landmark Tower herein exhibited to the Virginia Beach City Council and on file with the Virginia Beach Department of Planning (hereinafter "Signage"). All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per §237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales & service premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Page 3 of 6 Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 6. The use of the Property shall be for automobile sales and service, display and showroom, rentals and/or accessory parking. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by 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 Page 4 of 6 Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be Page 5 of 6 made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: EVERGREEN VIRGINIA, LLC By 1_�A Edward B. Snyder, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, `)� ► - Lim f Pea- , a Notary Public in and for the City and State aforesaid, do hereby certify that Edward B. Snyder, duly authorized Manager of Evergreen Virginia, LLC, whose name is signed to the foregoing instrument dated the 22"d day of October, 2014 did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this 4-1 day of October, 2014 Notary Public; Registration No.�2 My commission expires: ! 2 J(`1 NOTARY k)lj ' RECD. #E7534M COMMONWEALTH OF VIMMA W COMMISSION EXPIRES FEBRWRAr28, 2017 Page 6 of 6 Exhibit "A" Parcel One - GPIN 1467-66-9913 - 5232 Virginia Beach Boulevard ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Kempsville District, in the City of Virginia Beach, Virginia, (formerly County of Princess Anne), begin part of the property shown on "Plat Showing Property Conveyed to R. Passaro by W. B. Sivels", which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly County of Princess Anne), Virginia, in Map Book 9, at page 80, and also being part of Lot Nine (9) on the plat of the Brown Estate, which plat is duly recorded in the aforesaid Clerk's Office n Map Book 1, at page 5-13, and also being a part of the property shown on "Survey of Portion of R. Passaro Property located on North Side of Virginia Beach Boulevard for Lewis J. Johnson & John Kordulak, Bayside Borough, Virginia Beach, Virginia" recorded in the aforesaid Clerk's Office in Deed Book 1436 at page 803, save and except the portion of property conveyed to the City of Virginia Beach, a Municipal Corporation in the Commonwealth of Virginia, dated December 22, 1981 and duly recorded in the aforesaid Clerk's Office in Deed Book 2187 at page 230 and in Map Book 153, at page 24; being more particularly bounded and described as follows, to -wit: BEGINNING at a point on the Northern side of Virginia Beach Boulevard and the Western side of Nelms Lane on the present right of way line, thence N 19 degrees 26' 47" E 267.41 feet to a pin; thence S 56 Degrees 48' 15" E 39.70 feet to a pin; thence S 18 Degrees 00' 30" West 276.92 feet to a pin; thence N 56 Degrees 39' 00" W 40 feet to a pin; thence N 18 Degrees 36' 04" W 10.82 feet to the point of beginning, which parcel is evidenced the physical survey of property shown "Plat Showing Property conveyed to R. Passaro by W. B. Sivels" Bayside Borough - Virginia Beach, Virginia for John L. Kordulak dated February 18, 1982, which survey is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 155 at page 1. IT BEING the same property conveyed to Evergreen Virginia, L.L.C. by deed Dated the 1 I 1 day of July, 2014 from Krambias Properties, L.L.C. and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on July 14, 2014 as Instrument No. 20140714000636630. Parcel Two - GPIN 1467-66-9850 - 5226 Virginia Beach Boulevard ALL THAT certain piece or parcel of land, with its improvements and appurtenances, if any, situate, lying and being in the City of Virginia Beach, Virginia, as shown on a certain plat entitled "Survey of Portion of R. Passaro Property located on the north side of Virginia Beach Boulevard for Lewis J. Johnson and John Kordulak", dated July 9, 1974, and prepared by Consultant Engineering Services, Inc., Virginia Beach, Virginia, which plat is duly recorded in Page 1 of 4 the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and which describes the property more particularly as follows" BEGINNING at a pin in the southeastern corner of the property conveyed to Lewis Jessie Johnson and Marie Louise Johnson by deed of R. Passaro, dated February 6, 1943, and recorded in the Clerk's Office aforesaid in Deed Book 216 at page 163, which point is distant in an easterly direction 144.44 feet from the northeastern intersection of Virginia Beach Boulevard and Nelms Lane; thence proceeding north 13° 10' east 305.23 feet to an old pipe; thence turning and running north 56° 48' 15" west 60 feet to a pin; thence turning and running south 18° 0'30" west 296.92 feet to the northern line of Virginia Beach Boulevard as presently constituted; thence turning and running along the northern line of said Virginia Beach Boulevard south 56° 39' 00" east 86.73 feet to the point of beginning. SAVE AND EXCEPT that certain area described on that certain plat entitled "Easement and Street Dedication Plat of Property of Dealers Insurance Agency, Inc. for Virginia Beach Boulevard Widening", Bayside Borough, Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 111, at page 8. IT BEING the same property conveyed to the Evergreen Virginia, LLC, by deed dated July 18, 2005 from Young & Young, a Virginia general partnership and recorded on July 21, 2005 as Instrument No. 200507210113007. Parcel Three - GPIN 1467-76-0982 - 5220 Virginia Beach Boulevard ALL THAT certain piece or parcel of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and shown on survey thereof attached hereto as a part hereof and entitled "Survey of Part of Property of Property Shown on Plat Entitled, "Survey made for Alson S. & Alice S. Douglas Being Eastern Portion of Passaro Prop. On North Side of Va. Beach Boulevard', Virginia Beach, VA. For E. H. Lawrence, Scale 1" = 50', Nov. 29,1973", made by Alton M. Butler, Surveyor, Virginia Beach, VA. and more particularly bounded and described with reference to said survey as following: BEGINNING at a pin on the northerly line of the present right of way of Virginia Beach Boulevard, which pin is South 56° 51' 42" East 161.6 feet from the point of intersection of the northerly line of the present right of way of Virginia Beach Boulevard with the easterly line of the right of way of Nelms Lane and from said pin; the point of beginning; thence North 13° 00" East, along the center line of a ditch 305.35 feet to a point, marked by an old pipe; thence South 56° 58' 12" East, along the center line of a ditch, 131.40 feet to a point marked by an old pipe on ditch bank; thence south 13° 12' 48" West 305.21 feet to a point on the northerly line of the present right of way of Virginia Beach Boulevard marked by a drill hole in headwell; thence Page 2 of 4 North 56° 51' 42" West, along the northerly line of the present right of way, Virginia Beach Boulevard, 130.3 feet to a pin, the point of beginning. IT BEING the same property conveyed to Evergreen Virginia, L.L.C. by Deed dated the 9th day of July, 2014 from Richard K. Early, Successor Trustee of the Everette H. Lawrence Family Trust and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on August 1, 2014 as Instrument No. 20140801000706110. Parcel Four - GPIN 1467-76-1791 - 5200 Virginia Beach Boulevard ALL THAT certain piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, being known, and designated as Property of R. G. Moore Building Corp., Bayside Borough - Virginia Beach, Virginia as shown on a survey dated July 16, 1984, made by Lee S. Rood, P.C. and recorded in Deed Book 2354 at Page 1213 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Less and Except property conveyed to the Commonwealth of Virginia by deed recorded in Deed Book 2972, at page 336. IT BEING the same property conveyed to Evergreen Virginia, L.L.C. by deed dated July 9, 2014 from Richard R. Early, Successor Trustee of the Everette H. Lawrence Family Trust, Richard R. Early, Successor Trustee of the Julia h> Lawrence Trust and Thomas H. Lawrence and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on August 1, 2014, as Instrument No. 20140801000706120 Parcel Five - GPIN 1467-77-0065 - 324 Nelms Lane ALL THAT certain piece or parcel of land, with the improvements thereon, and appurtenances thereunto belonging, situate, lying and being in Kempsville Magisterial District, Princess Anne County (now City of Virginia Beach), Virginia, being a part of Section 9, as shown on Plat of the Browne Estate, recorded in the aforementioned Clerk's Office, and more particularly described as follows: BEGINNING at an iron pin in the Northwest corner of the Passaro lot shown on a map, recorded in Map Book 9 at page 80 in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia in the Eastern line of a thirty (30 foot road way leading from the Virginia Beach Boulevard in a Northerly direction binding the Western line of the aforesaid Passaro lot and continuing Northerly through the Nelms property, and from said point running along the Eastern line of said roadway North 17° 20' East ninety-five (95) to an iron stake; thence South 59° East 227.5 feet, more or less, to an iron stake in the Eastern boundary line of the Nelms property thence South 10° 30' West ninety-five (95) feet to an iron pipe in the line of the property of Page 3 of 4 Passaro; thence along the Passaro's property to North 59° West 241.4 feet to the point of beginning. Included is the non-exclusive right to use a thirty (30) foot roadway, extending from the Virginia Beach Boulevard North through the Nelms property to the Eastern line of said roadway beginning at the Southwest corner of Passaro property as shown on the aforesaid map recorded in Map Book 9 at page 80, and extending North 170 20' East to the rear line of the Nelms property. IT BEING the same property conveyed to Evergreen Virginia, L.L.C. by deed dated the 11th day of September, 2014 from Richard R. Early, Successor Trustee of the Julia H. Lawrence Trust and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on September 11, 2014 as instrument No. 20140911000862110. Page 4 of 4 N N1A BEq 1 lle CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AH SANDBRIDGE, LLC (Applicant/Owner). 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 20, 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, with the original submission of this application, requested that the uses 'massage parlor' and `child care center' be deleted from Proffer 3 as prohibited land uses. On January 6, 2015, City Council deferred this item as the applicant submitted a revision to the proffer; however, the revision was not submitted to the City Attorney's Office prior to the deadline specified by the Zoning Ordinance. The revision consists of the `removal' of "child care center" from the originally proposed modification to Proffer 3 (as described below). Thus, in effect, the only use that the applicant is now requesting for deletion from Proffer 3 is "massage parlor." ■ 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, AH SANDBRIDGE Page 2 of 2 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. 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; child care center; 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 Department q_IX City Manager: VI -L PRINCESS ANNE UU I� F FtN fa Sunk AH Sandbridge, L.L.C. 5 02' a r S`ltlJArea iO '.i ►. 5 �. ; . .. 20 AGI � � r �• 62 r ��`' - Sit 2, c ax'G2 Z.N. w. 0—S.0 Prom _ Modincatlon or conamon: 8 December 10, 2014 Public Hearing [REVISED REPORT FOR CITY COUNCIL DELETING REFERENCES TO `CHILD CARE CENTER'] APPLICANT 81 PROPERTY OWNER: AH SANDBRIDGE, L.L.C. STAFF PLANNER: Stephen J. White REQUEST: Modification of the Proffers of the Conditional Change of Zoning 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 dB DNL (Sub - Area 2) BACKGROUND / DETAILS OF PROPOSAL 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 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' ' 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; AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 1 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. 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 ` `massage parlor' as prohibited uses. EVALUATION AND RECOMMENDATION The request to delete ' '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 establishment' 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 inn-l-UsiOR Of 'Gh*!dGaFe GenteF' OR the list Of U6es not allowed 9R the pF�qpwty may be due to a VaFiety of reasons, fFGFn RGi6e to the thought of the poteRtial fGF Ghildren to be playing iR the parkiRg 19t6 of the GheldGare renteFS of the past and the potential pmblem6 Of 6uGh a GeRter in a shopping Genter with no AH SANDBRIDGE, L.L.C._ Agenda Item 8 Page 2 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; child care center [reinserted by applicant prior to City Council's 1/20/2015 meeting]; 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. AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 3 "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 Project"). 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 (20) years AH SANDBRIDGE, L.L.C. Agenda Item 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 SANDBRIDGE, L.L.C. Agenda Item 8 Page 5 AERIAL OF SITE LOCATION AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 6 SITE PLAN PROFFERED IN 2013 AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 7 Ih 1, ku Eli Jill' SITE PLAN PROFFERED IN 2013 AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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: (Attach list if necessary) Numerous Armada/Hoffler entities and business entities are affilitated with the Applicant through Its various principals: Daniel A. Hoffler, Louis S. Haddad, Anthony P. Nero and A. Russell Kirk F]Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 177 -see next page for footnotes Does an official orem loyee of the City of Virginia Beach have an interest in the subject land? Yes No !X1 DISCLOSURE STATEMENT AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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 Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Property Owner's Signature (if different than applicant) Modification of Conditions Application SEE ATTACHED SIGNATURE PAGE Print Name Print Name DISCLOSURE STATEMENT AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 9 APPLICATION SIGNATURE PAGE 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 DISCLOSURE STATEMENT AH SANDBRIDGE, L.L.C. Agenda Item 8 Page 10 Item #8 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 RIPLEY 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. In Reply Refer To Our File No. DF -9181 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE 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. 1 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 quid Rro quo 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 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." 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 all 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 2 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] 3 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: 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 The g fore oin Instrument was acknowledged before me this day of foregoing 2014, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Vir ima limited liability company, Manager of AH Sandbridge, LLC, a 1 inia limite liability company, on its behalf. Notary Public [AFFIX SEAL OR STAMP] �1/ My Commission Expires: ,+1111111111°j°f Notary Registration No. O41w �qS5 V ,• `1P`A • ...... SNC �. O�.•NpTAAY �''•��j��: OQ : PUBLIC * MY COMM SSION ¢ y ' �' '• EXPIRES z ,1013112016. °°0°0eee111111�1� 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 C-1 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: I" = 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. SAClients\7183\007\Proffer Amendment\Proffer Agreement-Amendment-v2.doc 5 r In M s F Z �mn+e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH (Applicant / Owner), Change of Zoning, B-2 Community Business to Conditional 1-1 Industrial. East side of London Bridge Road between Potters Road and 1-264 (GPIN 2407048646). COUNCIL DISTRICT — BEACH. MEETING DATE: January 20, 2015 ■ Background: The applicant is requesting a Change of Zoning from B-2 Community Business to Conditional 1-1 Light Industrial District. The City of Virginia Beach purchased this 18.245 -acre parcel in partnership with the U.S. Navy as part of the APZ-1 Acquisition Program. ■ Considerations: The purpose of the rezoning is to allow redevelopment of the site with uses that are compatible with the Greater than 75 dB DNL AICUZ and APZ-1. Businesses occupying the redeveloped commerce park will consist of those categorized as light industrial and compatible with the AICUZ Overlay Ordinance. There is no specific layout for the proposed new commerce park; however, a conceptual site plan was submitted that is indicative of the site's future development, and shows a potential 163,000 square feet of floor area, with space for expansion. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council as proffered: PROFFER 1: The Property may be used for any of the permitted or conditional uses provided for the 1-1 Light Industrial District by Section 1001 of the City Zoning Ordinance, except for the following: airports, heliports, and helistops; animal hospitals, veterinary establishments, pounds, shelters, and commercial kennels; CITY OF VIRGINIA BEACH — LONDON BRIDGE COMMERCE PARK Page 2of2 automobile museums; bars or nightclubs; borrow pits; business, medical, financial, nonprofit, professional, and similar office buildings; eating and drinking establishments; and wildlife rehabilitation centers. PROFFER 2: The design of the site layout for the Property, as well as the design of any buildings to be constructed on the Property, shall be consistent with the Comprehensive Plan's "Special Area Development Guidelines for Suburban Areas." The Zoning Administrator and Planning Director shall determine compliance with said design guidelines. Review comments from the Department of Economic Development shall be requested and considered prior to such determination. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ 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: City Manager: Planning Department BEACH r, ;... >754B Ldn 12 12ponsRs RD KO - xbmAur w/ c WrM 4lYrAw OwY� 9 December 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning (B-2 Community Business District to Conditional 1-1 Light Industrial District) ADDRESS / DESCRIPTION: East side of London Bridge Road, approximately 1,000 feet north of Potters Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24070486460000 BEACH 18.245 acres Greater than 75 dB DNL / APZ-1 BACKGROUND / DETAILS OF PROPOSAL Backsaround The applicant proposes a Change of Zoning from B-2 Community Business to 1-1 Light Industrial District. The City of Virginia Beach purchased this 18.245 -acre parcel in partnership with the U.S. Navy as part of the APZ-1 Acquisition Program. The property has been used as the London Bridge Commerce Center, with buildings dating from 1954 to 1986. At the time of purchase, the commerce park still had several businesses with various non -conforming uses. As the leases for the occupants expired, the leases are not being renewed. Upon the expiration of the final lease, the buildings within the existing office park will be demolished and the park developed with uses that are compatible with the Greater than 75 dB DNL AICUZ and APZ-1. The floor area of the uses to be located in the park is anticipated to be approximately 163,000 square feet. There is no specific layout for the proposed new commerce park; however, a conceptual site plan was submitted that is indicative of the site's future development (see page eight). Businesses occupying the redeveloped commerce park will consist of those categorized as light industrial and compatible with the AICUZ Overlay Ordinance. The redevelopment of the parcel will be managed by the City's Department of Economic Development, and all development will be marketed and managed consistent with that of the CITY OF VIRGINIA BEACH LONDON BRIDGE COMMERCE CENTER Agenda Item 9 Page 1 industrial parks located around NAS Oceana. The upgraded landscaping standards required by the APZ- 1 Guidelines will be utilized. Building architecture will be in accordance with design guidelines utilized in the other industrial parks. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commerce Park (primarily vacant) SURROUNDING LAND North: . Interstate Highway 264 USE AND ZONING: South: . Former Norfolk Southern Railroad right-of-way • Property owned by the Federal government as NAS Oceana / 1-2 Heavy Industrial District East: . Property owned by the Federal government as NAS Oceana / 1-2 Heavy Industrial District West: . London Bridge Road • London Bridge Greenhouse / B-2 Community Business District NATURAL RESOURCE AND Vegetation on the site consists of grass and other groundcover CULTURAL FEATURES: plants and trees. There are no known significant natural resource, cultural, or historical features on the site. COMPREHENSIVE PLAN: The subject property is located in the Lynnhaven Strategic Growth Area (SGA 6), for which the Lynnhaven SGA Master Plan was adopted as an amendment to the Comprehensive Plan in April 2012. The vision for this SGA is for a transformation over time of the existing aging or underutilized commercial properties into a higher intensity, pedestrian -friendly 'employment and lifestyle center' developed to be 'transit -ready.' The SGA Master Plan designates the subject site as part of one of several 'Character Areas' within the Lynnhaven SGA. This specific Character Area is one of two 'Innovation Zones' the SGA Plan identifies. One is the complex of light industrial uses along Dean Drive, and the second is the subject site. The Plan notes that the purpose of Innovation Zones is to "provide development opportunities for small start-up businesses and technology innovation," (p. 51). .,*.)" .-11" DETAIL OF AN INNOVATION ZONE CHARACTER AREA OFF OF LONDON BRIDGE ROAD CITY OF VIRGINIA BEACH LONDON BRIDGE COMMERCE CENTER Agenda Item 9 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: London Bridge Road is a four -lane divided suburban minor arterial. The MTP recommends a six -lane divided roadway within a 130 -foot wide right-of-way. There are no current CIP projects within the immediate area. TRAFFIC - Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 0 ADT London Bridge 35ADT Up to 30,600 ADT (LOS 2 "D" / Capacity) "E") Former Land Use 4— Road ,200 Up to 32,800 ADT (LOS 852 ADT Proposed Zoning 5 - 1,392 ADT Average Daily Trips 2 Level of Service 3 as defined by vacant corporate park "as defined by an occupied 42,500 SF commerce park 5 as defined by 18.245 acres oftypical uses associated with 1-1 zoning Comment: The applicant's engineering consultant submitted to Public Works / Traffic Engineering a "London Bridge Commerce Center Traffic Assessment," which provided an analysis of the potential traffic volumes generated from the center, the peak flows, and the alternative locations for ingress to and egress from the site, with a specific evaluation on the impact of access at the existing signalized intersection. The site has an existing access point opposite the London Bridge Garden Center. Measured center -to -center, this median opening is approximately 325 feet north of the traffic signal for the 1-264 on - and off -ramp, which is in turn approximately 770 feet north of the signal at Potters Road. Traffic Engineering has been reviewing the submitted Traffic Assessment, including discussion with the applicant's engineering consultant to determine the appropriate means of access, which will be determine prior to the first development project in the commerce park. EVALUATION AND RECOMMENDATION The requested Change of Zoning from B-2 to Conditional 1-1 will provide the opportunity to develop the site consistent with the recommendations of the Comprehensive Plan, as set forth in the Lynnhaven Strategic Growth Area (SGA) Master Plan. The SGA Plan designates the subject site an 'Innovation Zone,' where "development opportunities for small start-up businesses and technology innovation," (p. 51) will be emphasized, and that is the purpose of the proposed commerce center. The applicant is proffering that the commerce center will be used by only certain uses allowed as either a permitted or conditional use. The allowed uses emphasize those that are typical of the 1-1 District, and though 'business, medical, financial, nonprofit, professional, and similar office buildings' are listed among those not allowed, offices that are accessory to the principal use are appropriate. Thus, a start-up business in one of the allowed use categories would still be allowed to have offices for the business, but CITY OF VIR41N1A BEAdH LONDON BRIDGE COMMERCE CEN'ER "Agenda Its 9 {r Page 3 only accessory to the principal purpose of the business. Since there is no user for the property at this time, and the purpose of moving forward with this rezoning at this time is to prepare the site for development while also marketing the site to users appropriate to APZ-1, the applicant is proffering that the development of the site will be consistent with the Comprehensive Plan's design guidelines for suburban development. The site and building designs must be reviewed by Departments of Economic Development and Planning for compliance with those guidelines, and ultimately, must be approved by the Zoning Administrator and Planning Director prior to any permits for development being issued. Based on staff's evaluation of the request, as provided above. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property may be used for any of the permitted or conditional uses provided for the 1-1 Light Industrial District by Section 1001 of the City Zoning Ordinance, except for the following: airports, heliports, and helistops; animal hospitals, veterinary establishments, pounds, shelters, and commercial kennels; automobile museums; bars or nightclubs; borrow pits; business, medical, financial, nonprofit, professional, and similar office buildings; eating and drinking establishments; and wildlife rehabilitation centers. PROFFER 2: The design of the site layout for the Property, as well as the design of any buildings to be constructed on the Property, shall be consistent with the Comprehensive Plan's "Special Area Development Guidelines for Suburban Areas." The Zoning Administrator and Planning Director shall determine compliance with said design guidelines. Review comments from the Department of Economic Development shall be requested and considered prior to such determination. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable. Proffer 1 restricts the site to the uses listed in the Zoning Ordinance for the I-1 Industrial District as being appropriate to the Greater than 75 AICUZ and APZ-1. Proffer 2 ensures that any development of the site is consistent with the design guidelines of the Comprehensive Plan as they apply to the Suburban Area as designated by the Plan. Since the suggested conceptual layout of this `Innovation Zone' as provided in the Lynnhaven SGA Master Plan is suburban in character, the Comprehensive Plan's design guidelines for the Suburban Area are more appropriate to the site than the Comprehensive Plan's design guidelines for the Urban Area. Also, any proposed CITY OF VIRNIA Bf►CH LONDON BRIDGE COMMERCE CEN......ER ,44genda It 9 Page. 4 development must not only be consistent with the Comprehensive Plan's design guidelines, but also compliant with the design standards that Economic Development will require of any potential developer of the property. This will be the same as is required of any potential developer of property located within one of the industrial parks around NAS Oceana or the City -owned properties within APZ-1 that have been acquired through the APZ-1 Acquisition Program. The City Attorney's Office has reviewed the proffer agreement dated October 20, 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. CITY OF VI LONDON BRIDGE COMM a C Fit -190'' -arvo.7, LIQ cb E! I I I C4 I Nipcos 04 i N � m _ _ m � o o PLAT OF SUBJECT SITE r f� CITY OF VIRGINIA BEACH LONDON BRIDGE COMMERCE CENTER z Agenda Item 9 D Page 7 Cr N •-: 2 z•& E fry Oz z c..� �u a lilt _" Jill y } kill I; jil }� $y3e pit° F�f�� !6 f @pg q Z3 .i 9 c _ �A G p psi . o f r CONCEPTUAL SITE PLAN (Not Proffered — for concept purposes only) CITY OF VIRGINIA BEACH LONDON BRIDGE COMMERCE CENTER Agenda Item 9 Page 8 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach 2. List all businesses that have a parent -subsidiary' or affiliated business entV relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CITY OF VIRIVIA B mH LONDON BRIDGE COMM CE CEN ,ER ",Agenda l .g. 9 Pa 9 J PP PP 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) Kimley-Horn and Associates "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 1'Y ► l t �e.�[.It 11 SuCTFi Appli is SigMature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT CITY OF VII LONDON BRIDGE COMM `Agenda It .. 9 Page 1 0 Item #9 City of Virginia Beach Change of Zoning East side of London Bridge Road between Potters Road District 6 Beach December 10, 2014 CONSENT An application of the City of Virginia Beach for a Change of Zoning (B-2 Community Business District to Conditional 1-1 Light Industrial District) on property located on the East side of London Bridge Road, approximately 1,000 feet north of Potters Road, District 6, Beach. GPIN: 24070486460000. PROFFERS PROFFER 1: The Property may be used for any of the permitted or conditional uses provided for the 1-1 Light Industrial District by Section 1001 of the City Zoning Ordinance, except for the following: airports, heliports, and helistops; animal hospitals, veterinary establishments, pounds, shelters, and commercial kennels; automobile museums; bars or nightclubs; borrow pits; business, medical, financial, nonprofit, professional, and similar office buildings; eating and drinking establishments; and wildlife rehabilitation centers. PROFFER 2: The design of the site layout for the Property, as well as the design of any buildings to be constructed on the Property, shall be consistent with the Comprehensive Plan's "Special Area Development Guidelines for Suburban Areas." The Zoning Administrator and Planning Director shall determine compliance with said design guidelines. Review comments from the Department of Economic Development shall be requested and considered prior to such determination. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 9. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE Item #9 City of Virginia Beach Page 2 RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 9 by consent. Randy Royal appeared before the Commission on behalf of the applicant. o 9 J OF OUR Np1`OaS In Reply Refer To Our File No. DF -9177 TO: Mark D. Stiles FROM: B. Kay Wilso*� CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 8, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; City of Virginia Beach The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 20, 2015. 1 have reviewed the subject proffer agreement, dated October 20, 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 City Attorney's Office City of Virginia Beach, VA CITY OF VIRGINIA BEACH, TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, A MUNICIPAL CORPORATION OF THE COMMONWEALTH OF VIRGINIA +h THIS AGREEMENT, made this day of d Gfi� , 2014, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 18.25 acres and described in Exhibit "A" attached hereto and incorporated herein by reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning classification of the Property from B-2 Community Business District to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoning are needed to resolve this situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to G PI N: 2407-04-8646 the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. The Property may be used for any of the permitted or conditional uses provided for the I-1 Light Industrial District by Section 1001 of the City Zoning Ordinance, except for the following: airports, heliports, and helistops; animal hospitals, veterinary establishments, pounds, shelters, and commercial kennels; automobile museums; bars or nightclubs; borrow pits; business, medical, financial, nonprofit, professional, and similar office buildings; eating and drinking establishments; and wildlife rehabilitation centers. 2. The design of the site layout for the Property as well as the design of any buildings to be constructed on the Property shall be consistent with the Comprehensive Plan's "Special Area Development Guidelines for Suburban Areas." The Zoning Administrator and Planning Director shall determine compliance with said design guidelines. Review comments from the Department of Economic Development shall be requested and considered prior to such determination. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 and I-1 Districts and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 2 G PI N: 2407-04-8646 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, proved that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning M G P I N: 2407-04-8646 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, and indexed in the names of the Grantor and the Grantee. WITNESS the following signature and seal: ATTEST: h Hodges fraser, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Grantor: CITY OF VIRGINIA BEACH, VIRGINIA By: ; din (SEAL) L The foregoing instrument was acknowledged before me this 40 day of Q ? t'k'—K 2014, by1((C/S NOTARY PUBLIC My Commission Expires: /1 3G' f5 My Registration Number: 0 3 5 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of (� , 2014, by � . 01. �a a - NOTARY PU IC My Commission Expires: / ,;� 3 1 " I `7 My Registration Number: 9 O ?3 c's3 APPROVED AS O CON ENT: City Attorney al G P I N : 2407-04-8646 _— ,lIUarie Madison I (X-tl' onwealth n( Virginia lotary Publicsion No. 7073C.53 c My Commission Expires 1213112014 EXHIBIT "A" Legal Description: 130 London Bridge Road, Virginia Beach, Virginia (GPIN:2407-04-8646) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as PARCEL 3A -2A, as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OWNED BY THE SEAY COMPANY, INC. AND SEAY FAMILY, LLC (M.B. 37, P. 4) (M.B. 127, P. 13A) (D.B. 1585, P. 575) VIRGINIA BEACH, VIRGINIA," dated January 17, 2006 and prepared by NDI, L.L.C., Basgier and Associates Division, Engineers -Surveyors -Planners, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20090121000056270. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by Deed dated October 24, 2011 from 130 London Bridge LLC, a Virginia limited liability company, and recorded in the aforesaid Clerk's Office as Instrument No. 20111027001112530. 5 G P I N : 2407-04-8646 f° CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: CITY OF VIRGINIA BEACH, An Ordinance to Amend Section 107 of the City Zonina Ordinance Pertaining to the Acceptance by City Council of Proffered Conditions that Deviate from Allowable Lot Coverage. MEETING DATE: January 20, 2015 ■ Background: Currently, Section 107(1) of the City Zoning Ordinance (CZO) states that the City Council may accept proffers that reasonably deviate from the setback, landscaping, minimum lot area requirements, and height restrictions of the zoning district requirements of the CZO (except where height presents a hazard to air navigation) upon a finding that there will be no significant detrimental effects on surrounding properties. Additionally, such deviations may not conflict with the Comprehensive Plan. This provision was added to the CZO in 2013 as an additional means of encouraging innovative development projects that may not meet all of the requirements of the CZO, particularly development in the Strategic Growth Areas. ■ Considerations: Staffs experience with the amendments since their adoption indicates that they have succeeded in encouraging potential developers to think of their potential projects in more innovative ways. The experience has also indicated that another of the dimensional requirements that has proven to be a problem when considering innovative development projects is the requirement in several of the zoning districts pertaining to 'maximum lot coverage.' The proposed amendments will add 'maximum lot coverage' to the list of items for which the City Council may allow deviation upon a finding that there will be no significant detrimental effects on surrounding properties, and that the deviation will not conflict with the Comprehensive Plan. There was no opposition to the proposed amendment. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval to the City Council. CITY OF VIRGINIA BEACH — SECTION 107(i) Page 2of2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Managec �C . 1 AN ORDINANCE TO AMEND SECTION 107 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE ACCEPTANCE BY 4 CITY COUNCIL OF PROFFERED 5 CONDITIONS THAT DEVIATE FROM THE 6 REQUIRED LOT COVERAGE 7 8 Section Amended: City Zoning Ordinance § 107 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 107 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Section 107. Amendments. 20 21 .... 22 23 (i) Petitions not meeting minimum requirements. Any petition for which the 24 parcel involved or structure on the parcel does not meet the minimum dimensional 25 requirements of the proposed zoning district shall be processed nevertheless, but shall 26 not be approved by the city council unless it finds that either special circumstances 27 pertinent to the site or the proposed conditions of rezoning adequately offset the 28 negative effects of the deficiency. In addition, the city council may, for good cause 29 shown and upon a finding that there will be no significant detrimental effects on 30 surrounding properties, accept proffered conditions reasonably deviating from the 31 setback, lot coverage, landscaping and minimum lot area requirements and height 32 restrictions, except as provided in Section 202(b), otherwise applicable to the proposed 33 development. No such deviation shall be in conflict with the applicable provisions of the 34 comprehensive plan. 35 36 COMMENT 37 38 This amendment will allow City Council to approve a Conditional Zoning where the lot 39 coverage requirement is not met. City Council currently does so for setbacks, landscaping, lot area 40 and height. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2015. APPROVED AS TO CONTENT: ri.� I I ent CA13165 R-2 November 19, 2014 APPROVED AS TO LEGAL SUFFICIENCY: i S Irylid\ . — • _ Item #5 City of Virginia Beach An Ordinance to Amend Section 107 of the City Zoning Ordinance Pertaining to the Acceptance by City Council of Proffered Conditions that Deviate from Allowable Lot Coverage. December 10, 2014 CONSENT An Ordinance to Amend Section 107 of the City Zoning Ordinance Pertaining to the Acceptance by City Council of Proffered Conditions that Deviate from Allowable Lot Coverage. The proposed amendments will add 'maximum lot coverage' to the list of items for which the City Council may allow deviation upon a finding that there will be no significant detrimental effects on surrounding properties, and that the deviation will not conflict with the Comprehensive Plan. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 5. By a vote of 10-0, the Commission approved item 5 by consent. Stephen White appeared before the Commission. 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 5 by consent. Stephen White appeared before the Commission. e VSOA 840 4�t t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — (A) An Ordinance to amend the Comprehensive Plan by adopting amendments to Chapter 4 (Princess Anne & Transition Area) of the Policy Document. (B) An ordinance to amend the Transition Area Design Guidelines and incorporate them by reference into the Comprehensive Plan. MEETING DATE: January 20, 2015 ■ Background: On March 12, 2013, City Council adopted a Resolution establishing the Transition Area (TA) / Interfacility Traffic Area (ITA) Citizens Advisory Committee (TA/ITA CAC) and setting forth its duties, composition, and terms of office. As per the resolution, the committee's charge is, in part, "to become familiar with, and provide advice to the City Council concerning, the provisions and recommendations of the Comprehensive Plan pertaining to the Transition Area and ITA, including, without limitation, Chapter Four (Princess Anne & Transition Area), the Transition Area Design Guidelines, the Interfacility Traffic Area and Vicinity Master Plan, and all future amendments to the Comprehensive Plan and studies related to the Transition Area or ITA." Once established, the committee received briefings from various City departments and the City Attorney's Office for the purpose of gaining knowledge of the past and current plans and policies for the Transition Area as well as the zoning and planning framework that the committee had to work within in crafting new plans or ordinances. After numerous meetings and public input, the committee drafted preliminary recommendations and presented them in a report to the Planning Commission on April 18, 2014. Following a Planning Commission workshop on April 21, 2014, the committee held stakeholder focus group meetings and a public meeting April 22-30, 2014 to receive input on the draft recommendations. The committee considered input from the Planning Commission, focus groups, and public, and prepared final recommendations. ■ Considerations: The committee's recommendations are in the form of amendments to the `Comprehensive Plan Policy Document, Chapter 4: Princess Anne and Transition Area,' and to the `Transition Area Design Guidelines.' More specifically, a more detailed description and vision statement for the Transition Area are provided, and development policy recommendations specific to the Transition Area CITY OF VIRGINIA BEACH — TRANSITION AREA AMENDMENTS Page 2of2 (separate from those set forth for Special Economic Growth Area 4 - Princess Anne) are added, which address the following: development and uses, design principles, open space and recreation, and infrastructure. The amendments to the Transition Area reflect the Policy Document amendments and provide additional design guidance, illustrations, and an updated Transition Area Open Space & Trails Network map. On November 12, 2014, the Planning Commission considered the amendments during its public hearing. After discussion, the commission, by a vote of 10-1, indefinitely deferred the amendments. Subsequently, on December 2, 2014, the City Council adopted a Resolution (attached), referring to the Planning Commission these amendments and directing the Planning Commission to transmit to the City Council its recommendation concerning the amendments no later than 60 days after the date of adoption of the Resolution. Accordingly, on January 14, 2015, the Planning Commission held a public hearing pertaining to the proposed amendments as referred to them by the City Council. There was no opposition to the proposed amendments. ■ Recommendations: The Planning Commission, by a recorded vote of 11-0, recommends adoption of the amendments to the City Council with revisions. Those recommended revisions are included in the attached amendments. An "Errata Sheet" that summarizes the revisions is included with each amendment document. ■ Attachments: Ordinance, Errata Sheet, and "Revisions to 2009 Comprehensive Plan Policy Document, Chapter 4: Princess Anne & Transition Area, January 14, 2015" Ordinance, Errata Sheet, and "Transition Area Design Guidelines, City of Virginia Beach January 14, 2015." Recommended Action: Staff recommends approval. Planning Commission recommends approval with revisions. Submitting Department/Agency: Planning Departmen City Manager: �9" ` 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING AMENDMENTS TO CHAPTER 4 3 (PRINCESS ANNE & TRANSITION AREA) OF THE 4 POLICY DOCUMENT INCLUDING THE DESCRIPTION 5 AND GENERAL ISSUES AFFECTING DEVELOPMENT IN 6 THE TRANSITION AREA, THE VISION STATEMENT, 7 DEVELOPMENT AND DESIGN GENERAL POLICIES, 8 OPEN SPACE & RECREATION, INFRASTRUCTURE, 9 RESIDENTIAL DEVELOPMENT POLICIES AND 10 NONRESIDENTIAL DEVELOPMENT POLICIES 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 WHEREAS, the Transition Area/Interfacility Traffic Area Citizens' Advisory 16 Committee has reviewed the Policy Document of the Comprehensive Plan and has 17 recommended revisions that are in keeping with their vision of the Transition Area; and 18 19 WHEREAS, these revisions are reflected in the attached document entitled 20 "Revisions to 2009 Comprehensive Plan Policy Document, Chapter 4: Princess Anne & 21 Transition Area, January 14, 2015"; and 22 23 WHEREAS, the attached revisions to the Policy Document should be adopted as 24 part of the Comprehensive Plan. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 30 amended and reordained by: 31 32 The revision of the Policy Document as shown on the attached document entitled 33 "Revisions to 2009 Comprehensive Plan Policy Document, Chapter 4: Princess Anne 34 & Transition Area, January 14, 2015." Such document is made a part hereof, having 35 been exhibited to the City Council and is on file in the Department of Planning. 36 37 COMMENT 38 39 The ordinance amends the Comprehensive Plan by the adoption of the revisions 40 recommended by the Transition Area/ITA Citizens' Committee for the Transition Area and 41 including the edits adopted by the Planning Commission. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 44 day of , 2015. APPROVED AS TO CONTENT CA13146 R-5 January 14, 2015 APPROVED AS TO LEGAL SUFF CIENCY: City Attorney's Office 2 Errata Sheet from January 14, 2015 Planning Commission Meeting for amendments to the 2009 Comprehensive Plan Policy Document Chapter 4: Princess Anne & Transition Area Deletions shown in st"Loth.-.,ugh Insertions shown in underscore. Throughout: Place in italics all references to plans and studies (e.g., Transition Area Design Guidelines, Virginia Beach Outdoors Plan, etc). 2. Throughout: Strike all references to City of Virginia Beach Greenways and Blueways Management Plan because the document remains in draft and has not yet been adopted. 3. P. 27: "Transition Area: General Recommendations, Development & Uses" Bullet #4: "For residential development, a maximum average calculated density of 0049 amino more than one unit per deaefepab#e acre of land that may be included in determining allowable dwelling unit or lodging unit density can be earned through demonstrated conformance with the Transition Area Design Guidelines." 4. P. 27: "Transition Area: General Recommendations, Development & Uses" Bullet #7: "Non-Q,-e.deet;a4 residential uses should be 4wked located to at major roadway intersections or, if as part of a mixed use plan of development, located at the entrance to the neighborhood or interior to the neighborhood around a central green or open space." 5. P. 27: "Transition Area: General Recommendations, DevelopmeRt & Uses Design Principles" Bullet #6: "...incorporate design elements that are pfeye4w4 contextually relevant +e to..." 6. P. 28: "Transition Area: General Recommendations, Design Principles" Bullet #7: "For residential development, parcel consolidation is encouraged to enable larger development sites that can be designed creatively." 7. P. 2-928: "Transition Area: General Recommendations, Open Space and Recreation" Bullet #1: "For residential development, 50% of the 4eue4)pa4le gross area of the subject property should be designed to provide a practical balance of both "active" and "passive" open space areas, which should, Femseetovely, each be clearly designated, FeSpeGtmvel -, on the development plan." Note: The Planning Commission requested that the Transition Area Design Guidelines eventually be amended to include some illustrative examples of development plans showing what "a practical balance of both 'active' and 'passive' open space areas means. Page 1 of 2 8. P. 29: "Transition Area: General Recommendations, Open Space and Recreation" Bullet #2: "For non-residential development, 30% of the 4eve4epaNe gross area of the subject property should be designed as open space and clearly designated on the development plan. Such open space should not be limited to stormwater management facilities." 9. P. 29: "Transition Area: General Recommendations, Open Space and Recreation" Bullet #4: "Open space and recreational areas, trailway design, and connections should be designated to help implement the Transition Area Open Space and Trails Network (plan/map) and the goals of the Virginia Beach Outdoors Plan Gad Mtn Git '` Gree Se -,q Bl ",wG y pd G.-,,,,.,wGy 44Gn,,,,,,.,. ent Plan. „ 10. P. 30: "Transition Area: General Recommendations, Infrastructure" Bullet #1: phased development eveF time, eeRewFent with implementatieR ef the City's Cap4a4 lFRPFeveRgeRt D aR (CIP). All development in the Transition Area should be considered relative to its impact on current and planned infrastructure and to other discretionary development proposals. Net,--- Many roads in the Transition Area are presently 2-1ane rural roads. Improvements are contingent on necessity and sufficient capital funding." Page 2 of 2 Revisions to 2009 Comprehensive Plan Policy Document Chapter 4: Princess Anne & Transition Area January 14, 2015 (Pages 4-1 et subseq. of the Policy Document: Text to be deleted is shown as S+r;k,ugh. Text to be added is shown as underlined. Maps to be inserted are noted in bold.) CHAPTER FOUR - PRINCESS ANNE & TRANSITION AREA chapter [OUr PRINCESS ANNE & TRANSITION AREA p. 4-1 et subseq. PRINCESS ANNE AND TRANSITION AREA PRINCESS ANNE/TRANSITION AREA Quality Development Planned Mix of Public and Private Uses Exceptional Open Spaces Design with Nature West Neck Creek Natural Area USA Field Hockey - Sportsplex PRINCESS ANNE & TRANSITION AREA Signature Golf Course Princess Anne and the Transition Area are +s strategically located below the "Green Line," between the +Aere -- es en Suburban Area of the City to the north and the FHFal aFea Rural Area to the south. This area Femai;s is an important component of the City's overall smart growth land use planning strategy. The "Green Line" is the boundary between the more densely populated and higher intensity urban and suburban land use areas of the City to the Perth, which are intended to be served by a full range of public infrastructure and services, and the less -populated lower density, recreational and rural areas to which are characterized by an abundance of: natural resources; larger open spaces, including federal, state, and local parks; and the City's prime agricultural lands. It is not the intent of this Comprehensive Plan for Princess Anne or the Transition Area to become part of the urbanized area north of the Green Line. It is not intended that Princess Anne or the Transition Area be limited to the very low densities appropriate for Rural Area preservation. h �. sq NecK Rdr � 1 1 Green Line Princess Anne Transition Area Historic Princess Anne Center ilRIDUE R IIIIIIIII City Property - F //✓ O Interfacddy Traffic Area (ITA) ✓ �s sLy n s a f AICUZ Noise Zones Proposed Southeastern Parkway Princess , A n n e .,,.. rr.+R�Oc 'y`cR O O N 1N� " T r a s 1 t Io n r e a 4) X MU Princess YCREER RD Princess Anne & Transition Area Princess Anne, chew^ ^^ the Reit page consists of what was, in prior Comprehensive Plans, the western portion of the Transition Area and the North Princess Anne SGA. With the December 2005 amendments to the Comprehensive Plan, this area was identified as being within the Interfacility Traffic Area (ITA) high noise zone between NAS Oceana and NALF Fentress. One of the principal effects of this new designation was to reduce the residential density to what could be achieved by -right with Agricultural zoning (one unit per 15 acres), due to the incompatibility of residential uses in a high noise zone. A second effect was an increase in the area owned by the City of Virginia Beach, as the City and U.S. Navy began a program of purchasing property voluntarily offered to the City. Despite these land use constraints, the City recognized unique opportunities in this area and developed the ITA and Vicinity Master Plan to identify the vision for tl* it. The full ITA and Vicinity Master Plan can be found in the online document library at www.vbgov.com/Planning. The ITA and Vicinity Master Plan was prepared with effective community involvement to provide planning policy guidance in the areas of land use, transportation, environmental stewardship, infrastructure, public service delivery, economic vitality, Air Installation Compatibility Use Zone (AICUZI compatibility, housing and community design. Specific policies from this plan are provided later in this chapter. The ITA and Vicinity Master Plan's implementation strategy states that the ITA, which is regulated by the AICUZ Overlay Ordinance and associated zoning, is an integral part of Princess Anne. The Master Plan's vision framework continues to move the Princess Anne area forward in a direction that reflects the area's history, is sensitive to the environment, and acknowledges existing assets alreac in place for those portions of this special area where the Comprehensive Plan was previously silent or 9 without guidance. More recently adopted land use patterns have now made this area more compatible with the operations of the airfields in the region. In furtherance of this goal, establishing the entirety of the area addressed in the ITA and Vicinity Master Plan as "Special Economic Growth Area 4 (SEGA 4) - Princess Anne" recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overfly zone. .:� r-:� 9� Municipal Center - City Hall Virginia Beach Ampitheater More specifically, the ITA and Vicinity Master Plan vision prioritizes strengthening development nodes along the Princess Anne Corridor. In areas where residential uses fall outside of restricted AICUZ zones, vibrant mixed-use districts are envisioned where people can live, work, and recreate within walking distance to services and gathering spaces. Because much of the development focuses on concentrated uses, campus models can create a beautiful, interconnected character for the area. This tradition is already present in the current Municipal Center, the North Princess Anne Commons, Sportsplex, Sentara Hospital Complex, and College Campuses. The intent is to reinforce and infill these campuses and to create new clusters and quadrangles for research and development, religious facilities, and incubator and medical offices. There was strong support for integrating these centers for research and green technologies. Thoughtful implementation of this vision will position SEGA 4 — Princess Anne and, thus, Virginia Beach as a leader in sustainable urban edge economic development. Specific recommendations for SEGA 4 — Princess Anne are presented later in this chapter. In sum, the Princess Anne area of the City offers unique education, entertainment, recreation, habitat preservation, and quality economic development opportunities. The policies of this Comprehensive Plan have been designed to ensure that Princess Anne continues to be a well-planned area. It is a true jewel within Vireinia Beach. The ITA aRAd ViGiAitY MaStPff Pla., A be f,,,,,,,- iA the ,,.,r. e ,-961,..- eAt IibFa -„ The remainder of the original Transition Area lies to the east of Princess Anne. It consists of approximately 5,900 acres and is bounded by Princess Anne and Sandbridge Roads along the 'Green Line' to the north, North Landing Road and the Princess Anne area border to the west to tho or;„,.,,« U pp heF deF Indian River Road to the south, and New Bridge Road to the east. (Seemap n^, The Transition Area is impacted by AICUZ high noise zones to a lesser extent than Princess Anne and the ITA and, therefore, is more suitable for a limited amount of residential development. It is characterized by several high quality neighborhoods that include significant open space and recreational areas including City park facilities, golf courses, public trails, and equestrian centers. Commercial development is primarily located at major intersections. Some lands remain under cultivation or in minerals extraction. Approximately 30% of the Transition Area is City-owned parkland or contains soils that are defined by the City Zoning Ordinance as being undevelopable. The area is served primarily by rural roads, some of which are proposed to be improved over time, as indicated in the Master Transportation Plan. Indian River Road is designated as a "State Scenic Byway." Public utilities are intended to be extended through private development in a phased, orderly manner on a cost- participation basis. The western part of the Transition Area is bisected by the City -owned West Neck Creek Park corridor, a major natural corridor. The eastern part of the Transition Area, east of Princess Anne Road, is low-lying and prone to flooding from sheet flow, wind -driven tides, increasingly rising waters, and limited drainage infrastructure. Hydric soils and a high water table limit development opportunities in this area. The eastern edge of this area is close to the headwaters of Back Bay and the Back Bay National Wildlife Refuge. Both the West Neck Creek Park corridor and Back Bay help define the Transition Area and provide unparalleled amenities for those who reside in or visit the area for recreational purposes. Canoeists in West Neck Creek Park Corridor Transition Area Roadway Buffer and Public Trail System Transition Area Neighborhood The vision framework for the Transition Area is as a distinct place with inherently unique environmental characteristics and constraints that must be carefully considered when designing for development. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north. Rather, they enable a more limited type of development, with its own development standards suitable to the character of the Transition Area where greater integration of natural resources and more open space is planned to respect and protect the unique natural character of the area and to enable a true transition into the Rural Area to the south. Since the Transition Area is meant to serve as a buffer between the City's Suburban and Rural Areas, it should provide an apparent visual shift from suburban development character and form to rural development character and form as one travels from north to south. Therefore, development in the Transition Area will reflect a noticeable transitional pattern with contiguous and unified open space throughout also in keeping with the accompanying Transition Area Design Guidelines, which are adopted by reference as part of this Comprehensive Plan and are available in the online document library at www.vbgov.com/Planning. These guidelines articulate a high quality, 'Rural Transitional' design theme unique to the Transition Area vision. The Transition Area policies and Transition Area Design Guidelines also support the Virginia Beach Outdoors Plan by emphasizing trail connectivity and preservation of open space, waterways, other natural resources. Specific policies and general recommendations for the Transition Area are presented later in this chapter. i the 'TFansitie n.na Ilnsi.... Guidelines'. p,FiRss�ed 7 �Te t ethn.-wlse R dn.d 7� ntimizn site ni+., aR d .do 9Ftwn44s gR ReEegRize that, wheR completed, Nimme PaFl(way yAll hp thp R;a oF east west *nelud!R,g i 50,04 epeR space .,4n al rt With RatWe by cFeating site plaRs that Fespeet and shewease v-alued Rat, wal Fesewees. y ISP All ;PAR 0 'able FeSeUFees OR6'Hd*Rg City'sDesign these pFevWed by the :� P.l1:T. f I'7".T1tLSil�r1 p. 4-6 et subseq. SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) - PRINCESS ANNE DESCRIPTION The ITA and ViciRity AF Special Economic Growth Area 4 (SEGA 4) — Princess Anne includes the actual ITA, which spans the area between NAS Oceana and NALF Fentress, as well as additional surrounding areas including the northwest corner of Princess Anne Commons east of the Green Line, the undeveloped area north of the Green Line, and most of the Princess Anne Historic and Cultural District to the east. - W Z 0 025 0.5 0.75 1 m M.1 - Special Economic Growth Area 4 (SEGA 4) — Princess Anne SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) —PRINCESS ANNE: GENERAL RECOMMENDATIONS Special Economic Growth Area 4 (SEGA 4) — Princess Anne was designated as a SEGA, recoenizine the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. This area will focus on providing locations for rural or campus -like development that may not be suitable in a more urban setting. While recognizing that some land use adiustments are appropriate to accomplish strategic public outcomes and adapt to changes to implement the Oceana Land Use Conformity program, proposed developments within SEGA 4 - Princess W Anne should adhere to the following general recommendations, unless otherwise addressed in this chapter: ➢ Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity ➢ Protection of most sensitive land ➢ Residential development limited to areas outside of AICUZ restricted areas ➢ Mixed use town center style development in the Municipal Center and Historic/Cultural District ➢ Low -impact campus style development for work, education, research, recreation, and worship (remainder of ITA and Vicinity Area) ➢ Guidelines for building types to ensure appropriate quality and character ➢ Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south of Indian River Road Development remains limited along existing unimproved infrastructure ➢ Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center SEGA 4 — Princess Anne is divided into several subareas: North Princess Anne Commons PFineess ARne Comma s, Central Princess Anne Commons, South Princess Anne Commons, Historic Princess Anne Center, Interfacility Traffic Area, Municipal Center, Historic/Cultural District, Princess Anne Corporate Park, Brown Farm Area, and Sustainable Laboratory Services. SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) - PRINCESS ANNE 10 Anne *� 90 _-- 8F 4� QAMPrincess - �� REC TransilsNt Area o♦ f~4�R O /Msla�c Princess Anne Cenlei North 404' . City Property " o O IMarl—Idy TWArea I11A, r ` AICOZ Noise Zones Prinosst 1 _ Proposee Southeastern Parkway A 9 i • �r.O11M110M �Cf Central i� Princess � Anne _ Commons XGR } i 1 XGRSX '♦, South P Anne Commons wDy+R RryER Ro SPECIAL ECONOMIC GROWTH AREA 4 (SEGA 4) - PRINCESS ANNE 10 NORTH PRINCESS ANNE COMMONS ATHLETIC VILLAGE ACADEMIC VILLAGE MEDICAL VILLAGE Sportsplex (Athletic Village) 1P:�a'.b7kCNtlfif.�f�! rNrrrnp me -- Advanced Technology Center (Academic Village) Sentara Princess Anne Hospital (Medical Village) The location of North Princess Anne Commons is primarily located southwest of the intersection of Rosemont Road and Dam Neck Road, east of the single-family residential development of Salem Lakes, north of Landstown Road, and encompassing the Virginia Beach National Golf Course. 11 The existing land uses in North Princess Anne Commons; comprise an array of public and private activities including recreational, entertainment, medical, educational, office, and retail. North Princess Anne Commons includes a variety of academic institutions including Landstown Elementary, Middle, and High Schools;, -the Virginia Beach Campus of Tidewater Community College,, -the Higher Education Center for Old Dominion and Norfolk State Universities;,- and the Advanced Technology Center. Land uses between this academic village and Dam Neck Road include Princess Anne District Park, the Farmers Market, retail shops, a residential area, a solid waste transfer facility, and the Public Works/Public Utilities Operations facilities. The southern part of this area includes a medical village, an athletic village, public parkland and other areas used for outdoor entertainment. As a prominent'Placemaker' in the City, 'North Princess Anne Commons' not only serves as the principal gateway to the Virginia Beach Municipal Center and court complex, but it also has become a premier destination offering the public a wide range of special events and services. For example, North Princess Anne Commons includes the Virginia Beach Amphitheater;,- Sportsplex,,- Virginia Beach National Golf Course;,- the National Field Hockey Training Center,,- a regional medical campus with specialized support services, and a hierarchy of educational facilities that covers elementary to postgraduate studies. Each village within North Princess Anne Commons aligns with the strategic goals for the area. North Princess Anne Commons will be the City of Virginia Beach's center for integrated education, research, health care, and wellness facilities. This destination will continue to offer our citizens and visitors experiences that will enrich their lives and reaffirms that Virginia Beach is a community for a lifetime. Information about North Princess Anne Commons, including the Princess Anne Commons Design Guidelines that affect this area`is available in the online document library at www vvww.vbgov.com/Planning. NORTH PRINCESS ANNE COMMONS RECOMMENDATIONS Preserve and protect the large stand of mature trees at the corner of Princess Anne Road and Dam Neck Road. Continue the theme of villages of academic institutions, medical, recreational and entertainment. Complete the existing development into a health, education, and research campus ➢ Use landscaping and building placement to create quad -like spaces ➢ Encourage incubator space for biotechnology, biomedical, and research companies ➢ Plan buildings to allow for structured parking to be phased as density increases ➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Ensure well planned high quality economic development opportunities that promote the North Princess Anne Commons Villages. 12 Conduct a relocation feasibility study on the existing public facility yards located between Rosemont Road and Princess Anne Road to assess possible alternative uses for this area. Any redevelopment of the City owned property on the north corner of Princess Anne Road and Dam Neck Road should advance the City's goal of achieving the academic and medical villages. Should the City decide to redevelop the existing Farmers Market site, careful consideration must be part of the decision making process to determine the type, size and location(s) of similar'farm-to-market' and affiliated activities, thereby ensuring optimal economic benefit for farmers and others participants. r Adhere to the Design Guidelines for Princess Anne Commons. Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. Program Capacity: y Potential for 100,000 square feet of retail Potential for 1.7 million square feet of office, research, and education space. Operation Smile World Headquarters CENTRAL PRINCESS ANNE COMMONS Landstown Commons Retail Center The location of Central Princess Anne Commons is generally south of the Virginia Beach National Golf Course to just north of North Landing Road. The existing land uses in the Central Princess Anne Commons Area are primarily rural residential, forested, and cultivated land located within an area of several constraints including floodplain and jet noise levels exceeding 75 DNL. 13 CENTRAL PRINCESS ANNE COMMONS RECOMMENDATIONS Adhere to the Design Guidelines for Princess Anne Commons. Limit maximum residential density to that allowed 'By right' under existing zoning. The core area of Central Princess Anne Commons offers an opportunity for quality corporate office, institutional, research, and similar facilities. The majority of the existing parcels within the 'core' are larger than parcels fronting on Landstown and Salem Roads, offering good opportunities for quality development. This Plan recommends that individual properties in the core should be consolidated to create significant development sites (greater than 15 acres) appropriate for such development. Suitable roadway and utility infrastructure must be available prior to development of this type. Light industrial uses, including business incubator and flex office/warehouse uses, are appropriate in areas outside of designated 'Special Areas' identified in the Interfacility Traffic Area and Vicinity Master Plan. With the close proximity of North Princess Anne Commons, this area is appropriate for additional recreational uses. The area outside of the 'core' is recommended for continued by -right agricultural, equestrian, and rural residential uses. Where parcels in this area are greater than 15 acres, quality office, research or similar development is acceptable if adequate infrastructure and services are available. Acquisition of properties from willing sellers within Central Princess Anne Commons is recommended consistent with the Oceana Land Use Conformity program. SOUTH PRINCESS ANNE COMMONS A major natural area is located along North Landing River where our City boundary adjoins that of Chesapeake. This area should be preserved and enhanced, as needed, to protect this natural resource. Stumpy Lake Showcase Natural Resources 14 SOUTH PRINCESS ANNE COMMONS RECOMMENDATIONS Promote acquisition of land from willing sellers along the corridor of the North Landing River and its tributaries to protect valued natural resources and increase participation in the Navy's 'Encroachment Partnering' program. Land uses in the area should be limited to the existing natural resource base, by -right rural residential, and agricultural and related activities. A study of the potential use of this area as a major park or preserve should be conducted with park development to follow, if feasible. HISTORIC PRINCESS ANNE CENTER Historic Princess Anne Center includes the Virginia Beach Municipal Center/ Court Complex and the surrounding environs. In addition to being the seat of our City government and court system, this Center includes the Princess Anne Historic and Cultural Zoning Overlay District, a line of established homes along North Landing Road and numerous small businesses and offices. The City owns much of the land located outside the restricted noise zones in the northwestern area of this center. This historic center is where Princess Anne Road meets Nimmo Parkway. Both are major roadways and integral parts of the City's transportation system. The importance of this area as a strategic crossroads in central Virginia Beach will continue to grow into the foreseeable future. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial and open spaces to complement the form and function of the Municipal Center, Court Complex and Historic District. While it will continue to serve as a gateway between the urban north and the rural south, this center will experience new and improved land uses that will enhance the character of this important and historic area that is the seat of our municipal government. HISTORIC PRINCESS ANNE CENTER RECOMMENDATIONS The following specific recommendations apply to the Historic Princess Anne Center area. Planned land uses, both public and private, should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. Expand coverage of the Princess Anne Historic and Cultural District to include all of the Historic Princess Anne Center. New residential developments should include a reasonable amount of workforce housing units, consistent with related City policies. The use, intensity and design of infill development along North Landing Road should reflect the existing character of the Princess Anne Historic and Cultural District. All projects proposed within the Princess Anne Historic and Cultural District must respect the heritage and reinforce the integrity of the district's historic character. The scale, placement, massing and proportion of buildings, additions and architectural details should be designed in a way that is consistent with the historic character of this district. Ensure that new development in and outside the Princess Anne Historic and Cultural District employs high quality site and building designs that complement the classic Neo -Georgian architecture of the municipal center. 15 Integrate carefully planned landscaping and open spaces. The design of new or improved roadways located within or approaching this Center must reflect exceptional quality in keeping the character of this historic area. Improve mobility by limiting roadway access points along arterials and adhere to the recommendations of the Princess Anne Corridor Study (document available in the online document library at www.vbgov.com/Planning). Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. 16 J *SAA Historic Princess Anne Center 17 a�- r Historic Princess Anne Cent& Historic and Cultural Distnct INTERFACILITY TRAFFIC AREA The Interfacility Traffic Area (ITA) is a product of the Hampton Roads Joint Land Use Study and the City's Oceana Land Use Conformity program. The ITA was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City. The boundary of the ITA generally overlaps 'The Princess Anne Commons' and includes portions of the Transition Area impacted by noise zones at or greater than 65 DNL. The planning policies affecting the ITA have been carefully written to achieve compliance with the provisions of the City's adopted Oceana Land Use Conformity program. The entire Interfacility Traffic Area is subject to certain development limitations due to jet noise restrictions and must be carefully planned to achieve a coherent and compatible land use pattern. Of the roughly 4400 acres within this special area, less than half are developable due to the presence of water, wetlands, existing development or other constraints. The Southeastern Parkway is planned to traverse the ITA in a northeast to southwest direction and will include interchanges at Princess Anne and Indian River Roads. INTERFACILITY TRAFFICAREA RECOMMENDATIONS In addition to the General Recommendations for the Transition Area, see below, the following specific recommendations apply to the Interfacility Traffic Area: Adhere to the provisions of the Oceana Land Use Compatibility and AICUZ programs that include: • Limiting maximum residential density to that allowed 'By right' under existing zoning. • Promote business growth that aligns with the City's economic growth strategy and conforms to the Oceana Land Use Conformity program. • Promote acquisition of land from willing sellers along the corridor of the North Landing River and its tributaries to protect valued natural resources and increase participation in the Navy's 'Encroachment Partnering' program. Properties within the Interfacility Traffic Area located south of the proposed Southeastern Parkway that front on Princess Anne Road are planned for office, educational, institutional and other AICUZ compatible uses. Parcels should be consolidated to provide more attractive, well planned, and efficient use of land. Such unified development should utilize reverse frontage access with internal roadway links to existing points of access on Princess Anne Road or, where available, by connecting to other tracts of land that afford access to Nimmo Parkway. No new access points to Princess Anne Road are recommended for properties that develop in this unified fashion. Complete right-of-way acquisitions needed to build the Southeastern Parkway. Ensure that future infill uses within the Princess Anne Commons complement the activity and quality of existing public venues. Direct private access to Nimmo Parkway or Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the City's Access Controlled road network, identified on page 6-8. 18 MUNICIPAL CENTER The Municipal Center provides the opportunity for development that is not affected by the AICUZ restrictions. By capitalizing on this opportunity and introducing the potential for infill development, a variety of options is created. ➢ Capitalize on historic character and buildings in the Municipal Center ➢ Create structured parking decks to free land for development ➢ Line streets and spaces with new mixed use buildings to create a consistent pedestrian network ➢ Introduce a mix of residential units into the district to enliven the complex around the clock and provide attainable housing for City workers Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: Potential for 300,000 square feet of new office space for mixed-use or flexible government space Municipal Center - City Hall HISTORIC/CULTURAL DISTRICT Municipal Center — Court Complex There is a strong desire to restore and reinforce the district's historic character. Buildings are evaluated to determine whether renovation and reuse is feasible, and efforts are made to keep historic buildings when possible. Historic Princess Anne Courthouse 19 ➢ Capitalize on historic character and buildings on North Landing Road ➢ Focus parking behind buildings Line streets and spaces with low-rise mixed use buildings of two and three stories Focus attention on appropriate streetscaping elements to enforce the historic character including street lamps, planters, benches, and other elements ➢ Develop consistent architectural character using Virginia precedents such as Williamsburg ➢ Restore and reuse the Buffington House as a public or private community amenity ➢ Preserve Courthouse building Program Capacity: Small footprint infill buildings along Princess Anne Road and North Landing Road e ' ln Princess Anne Road in Historic/Cultural District - concept New development (retail and residential infill) in Historic/Cultural District - concept PRINCESS ANNE CORPORATE PARK Princess Anne Corporate Park supports ancillary uses to the medical and research institutions nearby in Princess Anne Commons and provides an opportunity for health and wellness related businesses. Provide office and commercial development potential for the City of Virginia Beach Group buildings along streets and place parking behind to improve the quality of the pedestrian experience Employ landscaping and sustainable stormwater management techniques to "green" the development and link it to the trail and open space framework Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity MIS Program Capacity: Potential for City -led development of two million square feet of office, research and light industrial space ➢ Strive to achieve 50% open space ➢ Multidisciplinary focus Aerial view concept - Princess Anne Corporate Park south of Princess Anne Road BROWN FARM AREA The farm formerly owned by the Brown family provides opportunity for institutional (e.g., church), retail, and office uses in a series of campuses centered around a town square. Development preserves open space and maintains a rural character. ➢ Determine the appropriate level of development within the Transition Area of the City ➢ Allow for development of a new church and accompanying school and recreation fields ➢ Tailor development patterns to types of users which fit market demand for this piece of land ➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity ➢ Extension of West Neck Parkway and Nimmo Parkway ➢ "Town Square" for church, retail, and office space Strive to achieve 50% open space Program Capacity: 21 ➢ Office and Research Campuses ➢ 75 acres: Church, schools, and athletic fields ➢ 200 acres: Campus development (potential for 2 million square feet) 244 acres: Open space and roads Concept aerial view - Brown Farm Area in ITA SUSTAINABLE LABORATORY AND SERVICES This 'Green Village' supports public and private uses, education, and civic groups focused on sustainability efforts. The area brings high profile research jobs and presence, helping reinforce Virginia Beach's image as a green city. ➢ New location for City Waste Management facility on Dam Neck Road ➢ Create a 'green village' with leasable space for green technology providers ➢ Encourage sustainable education and research ➢ Cumulative infrastructure impacts must be studied and the Capital Improvement Program amended for more intense development than what is considered in the Program Capacity Program Capacity: Potential for 100 acres for transfer station, storm debris, and biofuel facility 22 Concept aerial view of Sustainable Laboratory Services Area in the ITA 23 Naval Air ,a. Station Oceana � fdew ter MMU, r=i ter dConial Gr Memorial IF& A. T +l. i a�017 Virginia Beach' Sportspley*� ������ s VI 0 t1 s t5 _ — W i N . Reha6iCi I C rON It % it i -.e ,Y N Special Economic Growth Area (SEGA 4) — Princess Anne — Conceptual aerial view Source: ITA & Vicinity Master Plan 24 TRANSITION AREA The policies for the Transition Area support the Urban and Suburban Areas growth pattern goals and redevelopment opportunities in the area to the north above the Green Line, and the Rural Area preservation goals affecting the area to the south below Indian River Road. The Transition Area policies also support the goals of the Southern Watershed Area Monogement Plan, and the City's AICUZ zoning regulations Furthermore the policies support an appropriate mix intensity, and scale of high quality, residential and non-residential development while sustaining our agricultural industry in this area and to the south All open space areas should be connected by trails to provide for a continuous open space system throughout the Transition Area. All development in the Transition Area should be considered relative to its impact on current and planned infrastructure and to other discretionary development proposals. 25 Insert New Map Transition Area 26 .. TranSitio.Area Citi Praparq OMWd,,My T,,Mc Ana (ITA) L�j AICUZ Noise ZP TRANSITION AREA: GENERAL RECOMMENDATIONS To enable the vision framework and policies for the Transition Area, all new development and redevelopment in the Transition Area should adhere to the following general recommendations and the Transition Area Design Guidelines. Development & Uses: Development should be creative and of high quality. Uses should be limited to low -impact low-density residential low -intensity non-residential, open space and recreational and agricultural including row -crop farming and equestrian uses. Uses should necessitate limited roadway improvements (e.g., turn lanes). For residential development a maximum average calculated density of no more than one unit per acre of land that may be included in determining allowable dwelling unit or lodging unit density can be earned through demonstrated conformance with the Transition Area Design Guidelines. Minimum lot sizes of 15,000 square feet are preferred. Lots sizes less than 15,000 square feet are appropriate if additional active open space location recommendations as set forth in the Transition Area Design Guidelines are incorporated into the site design. Non-residential uses should be neighborhood -serving, scaled to support the needs of nearby residential neighborhoods users of the Transition Area's open space and recreational areas, and agricultural users. Non-residential uses should be located at major roadway intersections or, if as part of a mixed use plan of development located at the entrance to the neighborhood or interior to the neighborhood around a central green or open space. Development within floodplains is strongly discouraged. Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity Program and AICUZ provisions in the Zoning Ordinance the Southern Watersheds Area Management Plan and Ordinance and all other applicable development regulations. Design Principles: r Design with nature using low -impact development techniques and creative design to minimize impervious surfaces protect natural resource areas and open spaces, address stormwater management requirements, and optimize site amenities. ➢ Open space should be deliberately included and designed as a site amenity in all development. ➢ Stormwater management techniques should be designed as site amenities and retention areas and should not be isolated behind buildings. ➢ Protect historic structures and sites and incorporate them into site design either through preservation or adaptive reuse. Such extant structures and sites are reminders of the rural heritage and character of this part of the City. s Residential and non-residential use design should reflect a "Rural Transitional" architectural theme (refer to the Transition Area Design Guidelines for examples). v When developing in proximity to a designated "Special Place" (e.g., Municipal Center, Historic Nimmo Church Pungo Village and the Ecological Awareness Center at Back Bay), incorporate design elements that are contextually relevant to that Place to ensure compatibility (refer to Transition Area Design Guidelines for "Special Place" locations and descriptions). 27 For residential development parcel consolidation is encouraged to enable larger development sites that can be designed creatively. Transition Area Neighborhood Transition Area Business Neighborhood -serving business with context -sensitive design Neighborhood -serving retail in Historic Nimmo Church area Non-residential site design should focus on providing an attractive streetscape view into the site from the roadway. ➢ Parking areas should be situated behind or on the side of buildings and should incorporate landscaping throughout the parking areas to enable bio -retention of stormwater runoff. ➢ Signage should be complementary in scale and style to the use, constructed of high quality and long-lasting materials, and externally -illuminated. Fencing should be of an open style to create or maintain a sense of open space throughout the Transition Area. Open Space and Recreation: For residential development SO% of the gross area of the subject property should be designed to provide a practical balance of both "active" and "passive" open space areas, which should each be clearly designated on the development plan. 28 For non-residential development 30% of the gross area of the subject property should be designed as open space and clearly designated on the development plan. Such open space should not be limited to stormwater management facilities. A well-planned system of multi-purpose public trails should be included in all development to provide non-vehicular mobility, recreational opportunities and connectivity to the larger Transition Area Open Space and Trails Network. A balance of both "primary" and "secondary" trails should be provided and clearly designated on the development plan. Open space and recreational areas trailway design and connections should be designed to help implement the Transition Area Open Space and Trails Network and the goals of the City of Virginia Beach Outdoors Plan Roadway buffers should be designated along selected roadways (as shown on the "Transition Area Open Space and Trails Network" plan/map in the Transition Area Design Guidelines) containing both landscaping and a primary public multi-purpose trail within a public access easement to provide for screening of development and to promote trail connectivity throughout the Transition Area. These buffers may be used for open space and residential density calculations. Residential open space design Roadway Buffer with Primary Trail W Infrastructure: ➢ All development in the Transition Area should be considered relative to its impact on current and planned infrastructure and to other discretionary development proposals. Many roads in the Transition Area are presently 2 -lane rural roads. Improvements are contingent on necessity and sufficient capital funding. ➢ Connection to public sanitary sewer and water is preferred. However, if a parcel is proposed to be served by a private septic system or an alternative on-site sewage system (AOSS), ensure that the lot area is of sufficient size and soil suitability to install a replacement system in case of original system failure. ➢ Public utilities service extension should be incremental and in an orderly fashion. ➢ Development should respect the Master Transportation Plan by providing reservations or dedications for planned road improvements. ➢ Incorporate stormwater management into project design according to state stormwater management regulations Use a systems approach to stormwater management, incorporating a ranee of stormwater management techniques. Wherever feasible, consider multi -site or regional stormwater management facilities and design them as site amenities. 30 1 AN ORDINANCE TO AMEND THE TRANSITION AREA 2 DESIGN GUIDELINES AND INCORPORATE THEM BY 3 REFERENCE INTO THE COMPREHENSIVE PLAN 4 PERTAINING TO GENERAL PHYSICAL DESIGN 5 PRINCIPLES, RESIDENTIAL DEVELOPMENT, 6 NONRESIDENTIAL DEVELOPMENT, DESIGN 7 CHARACTER OF SPECIAL PLACES IN OR NEAR THE 8 TRANSITION AREA, GLOSSARY OF TERMS AND 9 UPDATED TRAILS AND OPEN SPACE NETWORK MAP iR 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 WHEREAS, the Transition Area/Interfacility Traffic Area Citizens' Advisory 15 Committee has reviewed the Transition Area Design Guidelines ("Guidelines") and has 16 recommended revisions that are in keeping with their vision of the Transition Area; and 17 18 WHEREAS, these revisions are reflected in the attached document entitled 19 "Transition Area Design Guidelines, City of Virginia Beach January 14, 2015"; and 20 21 WHEREAS, the previous document entitled "Transition Area Design Guidelines, 22 February 23, 2003" should be repealed, much of the document has been reformatted 23 and combined with the document entitled "Transition Area Design Guidelines, City of 24 Virginia Beach January 14, 2015"; and 25 26 WHEREAS, the attached amendments to the Transition Area Design Guidelines, 27 City of Virginia Beach January 14, 2015, which are the repeal of the Transition Area 28 Design Guidelines, February 23, 2003 document and the adoption of the Transition 29 Area Design Guidelines, City of Virginia Beach January 14, 2015, should be adopted 30 and the Transition Area Design Guidelines, City of Virginia Beach January 14, 2015 31 should be incorporated by reference into the Comprehensive Plan; and 32 33 WHEREAS, the Planning Commission recommended approval of the Transition 34 Area Design Guidelines, City of Virginia Beach January 14, 2015. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the Transition Area Design Guidelines, February 23, 2003 are repealed and 40 the Transition Area Design Guidelines, City of Virginia Beach January 14, 2015 be and 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 hereby are, adopted and incorporated into the Comprehensive Plan of the City of Virginia Beach, which is hereby amended and reordained by: The revisions of the Transition Area Design Guidelines as shown on the attached document entitled "Transition Area Design Guidelines, City of Virginia Beach January 14, 2015" and the incorporation of the Transition Area Design Guidelines, City of Virginia Beach January 14, 2015 into the Comprehensive Plan. Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning. COMMENT The ordinance deletes the previous Transition Area Design Guidelines and adopts the Transition Area Design Guidelines by the adoption of the revisions recommended by the Transition Area/ITA Citizens' Committee for the Transition Area and Planning Commission. Such revised Guidelines are also hereby incorporated into the Comprehensive Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROV D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Plan epartment City Attorney's Office CA13147 R-7 January 14, 2015 2 Errata Sheet from January 14, 2015 Planning Commission Meeting for amendments to the Transition Area Design Guidelines (Interim adopted February 2003) Deletions shown in stFikethF9W^1. Insertions shown in underscore. 1. Cover— replaced aerial with photos that are representative of the TA's uniqueness. 2. Table of Contents— repaginated to reflect all edits to sections referenced below. 3. P. 7: "Development and Uses" Section 2.4: "For °^&'iia; residential development ean-eai:a a maximum average calculated density of op W a d -no more than one unit per develeeaWe acre of land that may be included in determining allowable dwelling unit or lodging unit density can be earned through a demonstrated conformance with the Transition Area Matrix." 4. P. 7: "Development and Uses" Section 2.4.a.: "J klase see The definition of 'active open space' is found in Section 4.x -x 4.45.1 of this document. 1" 5. P. 7: Changed numeration from 2.4.a to 2.4.b to read as follows: 2.4.b. Flag lots should be provided, where warranted, to advance the purpose of the vision of the Transition Area, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics relating to the need for rural residential privacy and open space. Driveways serving flag lots should have appropriate widths and Pavement types (e.g. fire truck access). 6. P. 8: Changed numeration from 2.4.b. to 2.4.c. to read as follows: 2.4.c. The opportunity for agricultural, equestrian and similar compatible rural activities as part of the residential development should be maximized. 7. P. 8: Changed numeration from 2.4.c. to 2.4.d. to read as follows: 2.4.d. Fragmenting or dividing remaining farmland and open space into small parcels should be avoided. Page 1 of 4 8. P. 9 8: "Development And Uses" Section 2.6: "Non-°e&We AW residential uses should be'�^�,,,,4e 49 located at maior roadway intersections 4Katieo,. or, if as part of a mixed use plan of development located at the entrance to the neighborhood or interior to the neighborhood around a central green or open space." 9. P. 11: "Design Principles" Sections 3.5 and 3.5.a. regarding the design theme and definition have been combined: "3.5 Residential and non-residential use design should reflect a "Rural Transitional" architectural theme. 3-5a Rural Transitional is defined as featuring certain architectural treatments that take cues from local farm buildings hunting clubhouses and other examples that reflect the architectural heritage and agrarian character of southern Virginia Beach, and that demonstrate a change from the design of development north of the Green Line. Architectural features may include large open wraparound porches pitched roof lines cross -gabled, front gabled or front - to -back main gabled roof forms and detached or side -loading garages. Beyond these architectural features the Rural Transitional theme extends to building materials, site design and landscaping forms that are reflective of the existing traditional rural character. This transitional style can work if scale and building materials are compatible. Examples of Residential and Non -Residential Rural Transitional can be found below." 10. P. 4415: "Design Principles" Section 34 3_6" "For residential development parcel consolidation is encouraged f9F .es'den+;..' development to enable larger development sites that can be designed creatively." 11. P. 17: "4. Special Places" in the T -Fa ,hien Fee" has been moved from Design Principles Section 3 and given its own section as Section 4. This is reflected in the Table of Contents. 12. P. 17: "4. Special Places" "When developing in proximity to a designated "Special Place" (e.g., Municipal Center, Historic Nimmo Church Pungo Village and the Ecological Awareness Center at Back Bay), design elements should be incorporated that are pfeya4efyt contextually relevant ie to that Place to ensure compatibility." 13. P. 25: "Open Space and Recreation" Section 5.1: "For residential development 50% of the gross dere wabie area of the subject property should be designed to provide a practical balance of both "active" and "passive" open space, which should Fespect each be clearly designated. FespeetkAel••, on the development plan..." 14. P. 2-7 26: "Open Space and Recreation" Section 5.2: "For non-residential development 30% of the die gross area of the subject property should be designed as open space and clearly designated on the development plan." Page 2 of 4 15. P. 28: "Open Space and Recreation" Section 5.4: "Open space and recreational areas aA4 trailway design, and connections should be designed to help implement the Transition Area Open Space and Trails Network (plan/map) and the goals of the Virginia Beach Outdoors Plan and the GitY'S P4a-R (see Appendix B Transition Area Open Space and Trails Network map). 16. P. 29: "Open Space and Recreation" Section 5.4.a: When developing adjacent to the West Neck Creek Natural Area, design elements such as multi- purpose trail connections and observation decks should be incorporated that allow opportunities for enjoyment of `,.hath* the area 4as-te-s##ef while being sensitive to its environmental characteristics. 17. P. 30: "Open Space and Recreation" Section 5.5: "Roadway buffers should be designated along selected roadways (see Appendix B "Transition Area Open Space and Trails Network "" ste-r °;a„") containing both landscaping and a primary public multi-purpose trail within a public access easement, to provide for screening of development and to promote trail connectivity throughout the Transition Area." 18. P. 31: "Infrastructure" phased develepment 9YeF time, EGAeUFFent with implemeRtatffieR ef the City's Cap" ,,,,.,Fere,, eRt Dian (CIP). fie: All development in the Transition Area should be considered relative to its impact on current and planned infrastructure and to other discretionary development proposals. Many roads in the Transition Area are presently 2 -lane rural roads. Improvements are contingent on necessity and sufficient capital funding. 19. Appendix A: Transition Area Design Matrix — p. 1 et ak subseq.: • Incorporated revised description of "maximum average calculated density" and "developable area" to be consistent with the Policy Document and the Transition Area Design Guidelines, as per advisce of City Attorney. • Revised the density formula summation in former Sections "A thru E" at the bottom of p. 1 and provided examples. On pp. 2-7, inserted "insert a score from 0 to through 1" to emphasize that a score of from 0 to through 1(vs. 0 or 1) can be assigned by the planner Eempleted completing the matrix. These edits do not change the formula itself; rather, they make the matrix easier to read and use. Staff Edits (Housekeeping Only) 20. P.3: "Purpose And Location" second sentence: '• *Gug-} enee*Fag4K The obiective is to encourage innovation and creativity in the appropriate design of new deyelopmeRt aAd .,,devel,,pment f^" buildings and sites. the ebierAmye ;6 so that Page 3 of 4 all development and redevelopment in this unique area of the City will be respectful of its natural heritage- and historical legacy and sensitive to its environmental value." 21. P. 3: "Purpose And Location" last sentence: Unless specified T4esC these design guidelines apply to all proposed development and redevelopment unless SpeeAd to enable the means by which development can comply with the vision for the Transition Area as set forth in the Comprehensive Plan. 22. P. 4: "Location" second sentence: It consists of approximately 5,900 acres and is betmWe4 defined by its boundary to the north b the 'Green Line' along by Princess Anne and Sandbridge Roads alenR the -'ween Wne'te the eek and to the west by North Landing Road and the Mneess Ann&4fea SEGA 4 border W4 -he west to the Mneess ^nne befdef and to the south by Indian River Road +^ T and to the east by New Bridge Road *^ *cv- 4e+a4. 23. P. 4: Inserted aerial photo that was previously on the cover. Page 4 of 4 Transition Area Design Guidelines, City of Virginia Beach January 14, 2015 Page 1 of 34 TABLE OF CONTENTS PURPOSE AND LOCATION DEVELOPMENT AND USES DESIGN PRINCIPLES SPECIAL PLACES IN THE TRANSITION AREA Municipal Center Nimmo Pungo Environmental Education Center at Back Bay OPEN SPACE AND RECREATION INFRASTRUCTURE APPENDICES Appendix A Transition Area Development Matrix Appendix B Transition Area Open Space & Trails Network Plan/Map 3 6 9 17 25 31 01/14/2015 Page 2 of 34 1. PURPOSE AND LOCATION Purpose The purpose of this document is to provide development and design guidance in conformance with the vision and land use policies for the Transition Area of the Comprehensive Plan. The objective is to encourage innovation and creativity in the appropriate design of buildings and sites so that all development and redevelopment in this unique area of the City will be respectful of its natural heritage and historical legacy and sensitive to its environmental value. This will result in a pleasant, supportive built environment reflective of the traditional rural development patterns of Virginia Beach in its Transition Area physical form and appearance. Unless specified, these design guidelines apply to all proposed development and redevelopment to enable the means by which development can comply with the vision for the Transition Area as set forth in the Comprehensive Plan. 01/14/2015 Page 3 of 34 Location The Transition Area lies east of Special Economic Growth Area 4 - Princess Anne. It consists of approximately 5,900 acres and is defined by its boundary to the north by the 'Green Line' along Princess Anne and Sandbridge Roads and to the west_by North Landing Road and the Princess Anne SEGA 4 border and to the south by Indian River Road and to the east by New Bridge Road. The Transition Area serves as a unique land use area buffering the low density Rural Area from the more densely developed Suburban Area. It does this by promoting development patterns and policies that are limited in scope and designed according to specific standards. Development will be encouraged to aggregate density in areas served by adequate roads and public utilities and to reduce density in environmentally sensitive areas. By employing creative planning and techniques, these development guidelines will provide a pattern that emphasizes flexible community planning with a greater integration of open space and natural resources that respect and protect the unique natural character of the area, enabling a true transition into the Rural Area to the south. In so doing, the vision will be fulfilled that the Transition Area not be a continuation of the higher density development patterns and forms found in the Suburban and Urban Areas to the north. 01/14/2015 Page 4 of 34 - tet• Agriculture and Residential Uses along Seaboard Road north of Indian River Road 01/14/2015 Page 5 of 34 2. DEVELOPMENT & USES 2.1 Development should be creative and of high quality. 2.2 Uses should be limited to low -impact, low-density residential, low -intensity non- residential, open space and recreational, and agricultural, including row -crop farming and equestrian uses. 2.2.a. Development abutting agricultural operations should locate protective buffers between the proposed development and the agricultural land. These buffers should be at least 50 feet in width. The first 25 feet closest to the agricultural operations should be heavily planted with a mixture of grasses and low growing indigenous shrubs. The remaining 25 feet near the proposed development should be planted with a double row of trees with a minimum caliper of one and one half (%2) inches and should be centered no more than thirty feet apart. Such trees should be indigenous and consist of a mixture of 25% deciduous and 75% evergreen to screen as necessary or to provide scenic vistas. Seasonal changes and foliage color should be thought of when selecting planting materials. 01/14/2015 Page 6 of 34 2.3 Uses should require limited roadway improvements (e.g., turn lanes). 2.4 For residential development, a maximum average calculated density of no more than one unit per acre of land that may be included in determining allowable dwelling unit or lodging unit density through a demonstrated conformance with the 'Transition Area Development Matrix'. 2.4.a. Minimum lot sizes of 15,000 square feet are preferred. Lots sizes less than 15,000 square feet may be appropriate if the following additional consideration is given to active open space are met. The definition of 'active open space' is found in Section 5.1. Distance to active open space should be located within one-half (.5) mile of every dwelling lot. Each lot should be located to maximize views of the open space. � Lots should be of various sizes and arranged in a contiguous manner so as to maximize remaining land for use as open space or preservation of natural features. 2.4.b. Flag lots should be provided, where warranted, to advance the purpose of the vision of the Transition Area, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics 01/14/2015 Page 7 of 34 relating to the need for rural residential privacy and open space. Driveways serving flag lots should have appropriate widths and pavement types (e.g. fire truck access). 2.4.c. The opportunity for agricultural, equestrian and similar compatible rural activities as part of the residential development should be maximized. 2.4.d. Fragmenting or dividing remaining farmland and open space into small parcels should be avoided. 2.5 Non-residential uses should be neighborhood -serving, scaled to support the needs of nearby residential neighborhoods, users of the Transition Area's open space and recreational areas, and agricultural users. Neighborhood -serving center should be located so that the design of its site can integrate the surrounding characteristics of the land and the residential development pattern. The site design should provide residents the opportunity and convenience of non -vehicular access within the development such as walking instead of being limited to getting into their cars. Regional -serving destination uses should be avoided because of the additional burden on the local transportation network of rural roads. 2.6 Non-residential uses should be located at major roadway intersection or, if as part of a mixed use plan of development, located at the entrance to the neighborhood or interior to the neighborhood around a central green or open space. 01/14/2015 Page 8 of 34 2.7 Development within floodplains is strongly discouraged. 2.8 Ensure all development proposals conform to the provisions of the Oceana Land Use Conformity Program and AICUZ provisions in the Zoning Ordinance, the Southern Rivers Ordinance and all other applicable development regulations. 3. DESIGN PRINCIPLES 3.1 Design should be with nature using low -impact development techniques and creative design to minimize impervious surfaces, protect natural resource areas and open spaces, address stormwater management requirements, and optimize site amenities. 3.1.a. In those cases where development is proposed within areas of existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other significant environmental features as possible. East entrance to Villages of West Neck with existing tree cover 3.2 Open space should be deliberately included and designed as a site amenity in all development. (See more under Section S Open Space and Recreation of this document.) 3.2.a. Preservation of interesting landscape features and scenic viewsheds, such as mature tree stands, natural areas, waterway corridors, wetlands, water features, hedgerows; and agricultural features, such as premier farmland, field patterns, and historic structures that recall the rural heritage are encouraged and should be incorporate into the design of entrances and other prominent — areas in the development. 01/14/2015 Page 9 of 34 3.3 Stormwater management techniques should be designed as site amenities and retention areas and should not be isolated behind buildings. 3.3.a. Open space may be designed to address stormwater management, but it should not be limited to stormwater management faciliti Open space used for stormwater management in Mathews Green 01/14/2015 Page 10 of 34 3.3.b. Undeveloped wooded areas retention ponds bio -retention areas, and wetlands may be used for stormwater management. However, in all cases, they should be preserved or designed as amenities. 3.4 Historic structures and sites should be protected and incorporated into site design, either through preservation or adaptive reuse. Such extant structures and sites are reminders of the rural heritage and character of this part of the City. 3.5 Residential and non-residential use design should reflect a "Rural Transitional' architectural theme. Rural Transitional is defined as featuring certain architectural treatments that take cues from local farm buildings, hunting clubhouses and other examples that reflect the architectural heritage and agrarian character of southern Virginia Beach and that demonstrate a change from the design of development north of the Green Line. Architectural features may include large, open wraparound porches, pitched roof lines cross -gabled front gabled or front -to -back main gabled roof forms and detached or side -loading garages. Beyond these architectural features, the Rural Transitional theme extends to building materials, site design and landscaping forms that are reflective of the existing traditional rural character. This transitional style can work if scale and building materials are compatible. Examples of Residential and Non - Residential Rural Transitional can be found below. 3.5.a Replicas of historic designs should be avoided since they diminish significance of the originals. Architectural themes such as "Coastal" or "Beach" are generally not appropriate. i. Residential Design - Houses should be arranged and streets should be aligned in ways that create or adapt to the natural setting and are not limited to a typical regimented grid -like urban pattern. Homes should be designed to convey sense of outward connection to the land and community b facing streets and other homes. This connection should be enhanced by providing attractive landscaping between the streets and home sites, frame open spaces, and 01/14/2015 Page 11 of 34 robustly screen development along major streets and road frontages. Typically have a roof form to the front and a partial or full -width frontporch. Examples of Residential Rural Transitional Architecture This example of early 20th Century vernacular, located on Princess Anne Road and south of Sandbridge Road, presents simple features in a four square style. While not limited to this style, contemporary designs tastefully evoking these features would fit within the concept of rural transitional. Examples of contemporary designs with selective rural design features 01/14/2015 Example of a contemporary design with rural architectural treatments of front -gable roof, full -width open front porch, and horizontal siding Page 12 of 34 Homes in Ashville Park Example with front -gabled roofs, simple porch columns, bracketed eaves and horizontal sidinq at gable ends ii. Non -Residential Design - Development should be designed to complement the surrounding rural character in terms of size, scale, architecture, and selection of materials. It should not be like the non-residential development north of the Green Line. • Buildings should be kept low in scale, a maximum of 2 stories, and should have a footprint of no more than 10,000 square feet. Clusters of free-standing small shops and offices that encourage pedestrian movement over vehicular movement or front on a central green are also appropriate. • Building exteriors should express architectural fenestration. • Buildings can be made visually interesting and compatible by the use of setbacks, traditional building material and architectural features like projections and varying rooflines of dormers and overhangs. • Visible roof forms (hips, gables, and gambrels, etc.) commonly present on small- scale rural office and commercial structures are encouraged. Flat roofs are generally not appropriate. • Building construction should adhere to sound environmental principles that include energy-efficient design. • Franchise development should respect the community character and should be designed for compatibility with the surrounding neighborhood. 01/14/2015 Page 13 of 34 itial Rural Transitional Architecture Rainbow Station on Sandbridge Road — Example of a simple form based architecture with strong roof lines 01/14/2015 mZClr�i��l Non -Residential uses on North Landing Road exemplifying specific rhythm to the buildinq facade featuring a full -width open inviting front porch with simple porch columns Page 14 of 34 3.6 For residential development, parcel consolidation is encouraged to enable larger development sites that can be designed creatively. 3.7 Non-residential site design should focus on providing an attractive streetscape view into the site from the roadway. 3.7.a Development should be screened with substantial setbacks with landscaping berms, trees, buffers and trails. When located along arterial roadways, screening should be designed along the road with parkway or greenway features that are heavily landscaped, or retain existing natural features that provide a scenic view from the roadway. 3.8 Parking areas should be situated behind or on the side of buildings and should incorporate landscaping throughout the parking areas to enable bio -retention of stormwater runoff. 3.8.a With appropriate design and site placement, shared parking arrangements between uses can be realized. 3_9 Signage should be complementary in scale and style to the use, constructed of high quality and long-lasting materials, and externally -illuminated. 01/14/2015 Page 15 of 34 3.10 Fencing should be of an open style to create or maintain a sense of open space throughout the Transition Area. 71/ Examples _ Examples of preferred fence styles Example of a fence style that is not preferred 01/14/2015 Page 16 of 34 4. SPECIAL PLACES When developing in proximity to a designated "Special Place" (e.g., Municipal Center Historic Nimmo Church Pungo Village and the Ecological Awareness Center at Back Bay) design elements should be incorporated that are contextually relevant to that Place to ensure compatibility. There are four distinct Special Places that link with the Transition Area. Each place contributes unique design characteristics and its own architecture and landscaping style 4.1 Municipal Center - The Municipal Center of Virginia Beach is centrally located within the Courthouse Historical and Cultural District. Its primary contributing historic resource is the Old Princess Anne County Courthouse. Constructed during 1823, the two-story structure of Flemish bond brick with a denticulated cornice has a hipped roof of slate tile and Tuscan columns that stand two stories to support the front portico Preserving the character around the historic courthouse section of the Municipal Center requires retaining the shady tree lined approaches to the historic site The crossroads character of this courthouse and the adiacent commercial at the intersection of Princess Anne Road and North Landing Road should be preserved by maintaining the present scale and buildings relationship to the street. 01/14/2015 Page 17 of 34 Contributing structure adjacent to the Old County Courthouse Other styles of architecture found in this area are primarily Neo -Georgian buildings arranged in a campus style along grid streets that give a more formal approach to the manicured grounds. Some transitional architecture is introduced at the opposite end of the municipal campus from the historic courthouse. This transitional style can work if scale and building materials are compatible. Richard Kellam House 01/14/2015 Example of Neo -Georgian style near the Municipal Center The use of brick remains the dominant character of the Municipal Center while wood siding is apparent on most of the older homes in the area. The surrounding residential character comes from the Emu expansive front yards and large trees which evokes an earlier time in our city's heritage as exemplified in this photograph. Page 18 of 34 4.2 Nimmo Center Nimmo Center is located in an Historical and Cultural District and contains one of the first post -revolutionary churches established in the area as well as one of the oldest Methodist churches in continuous use today. Nimmo United Methodist Church is a two-story wood frame structure with wood clapboard siding. This church consists of an open nave plan with a protecting steeple and little ornamentation 3 «.,A Nimmo Church from an earlier time •w ;�, Steeple of Nimmo Church Despite its federal style having been obscured by alterations and additions, Nimmo 01/14/2015 Church's important rural country character is desirable as a buffer from suburban development to the north. Development in this area should not be of Georgian influence since the Church is not of this style. Brick should not be the dominant material in this area since the church is a wood clad frame Page 19 of 34 building. No new building should be taller than the gable end of the church to allow the steeple to be viewed. Contemporary or traditional buildings that are compatible in scale, form, massing, and materials are acceptable. All existing wooded areas should remain wooded. These woods protect the feeling of rural character that is part of the significance of this church as well as act as buffers to the development that is occurring. 4.3 Pungo Center Pungo Center is a rural crossroads community with convenience stores, gas stations, an antique store, and restaurants. Munden's Store best represents the original rural character of this area and is an example of the vernacular tradition found in southern Virginia Beach. This style relies on simple forms with little or no ornamentation. 11 Undated photograph of Munden's Store seen from Princess Anne Road Downtown. Pungo _ Sign feature of Munden's Store t Window treatment feature of Munden's Store 01/14/2015 Page 20 of 34 Residential architecture primarily found in the Pungo Center is depicted by the early to mid -twentieth century craftsman cottage style of the small bungalow type dwellings found in this area. Located on Princess Anne Road is an example of a mail order craftsman style dwelling. As shown in the illustration and photograph below, this home is identified as an Aladdin Readi-Cut kit home dating back s .t �'n (�I 1.l?'.7 41.dd- Dtaia •s h.—,n 1919 ♦Isdd- cabloq Undated photograph of house desiqn by Aladdin Readi-Cut called "The Plaza" located on Princess Anne Road 01/14/2015 Page 21 of 34 To enhance the historic nature of Pungo Center, shops should be brought to the road with parking oriented behind buildings away from Princess Anne Road or screened if located on the side of buildings. Access points from the roadway should be minimized and, where possible combined. Locating parking in the rear can also encourage pedestrian activity. Further encouragement can come from reducing setbacks to allow direct connections between sidewalks and storefront entrances. These connections should provide safe and attractive pedestrian connections and a continuous link throughout the center with a minimum of vehicular conflict points. While there is no one particular dominant style in this small commercial/residential place the scale proportion and general character of buildings should evoke a design vocabulary reminiscent of turn of the century architecture. Commercial uses should include bungalow -style architectural elements of low-pitched gabled roofs decorative brackets under the gables, wide, overhanging eaves with exposed rafters incised porches beneath the main roof, handcrafted stone or woodwork. The dominant residential look should complement the Craftsman -style bungalows by using the existing Aladdin Readi-Cut kit home as an example. All landscaping should be with designed with native plant materials. Example of porch columns found Examples of architectural detail of overhanging eaves found in Pungo Center in Pungo Center 01/14/2015 Page 22 of 34 4.4 Environmental Education Center at Back Bay The Environmental Education Center at Back Bay is proposed as a gateway to some of the city's natural heritage areas. The Back Bay National Wildlife Refuge, as part of their Comprehensive Conservation Plan (CCP) dated September 2010, proposes to construct a new headquarters, visitor center, and environmental education center to be located at the Nungo Center Ecological Avrareness r/ Center +. corner of New Bridge and Sandbridge Road that comprises approximately 61.5 acres. In addition this center will have a multi-purpose trail system that will allow for wildlife observation, photography, and self -guided and personal service interpretation via interpretive disolays. Once this new facilitv is built, it would become the primary environmental education facility. This proposed public use area is expected to serve more than 150,000 visitors annually. To accommodate this new center, a realignment of New Bridge Road is proposed. This location would be centrally located to all Refuge property and assets and would address a concern that facilities should be more accessible to the public and closer to the center of town. The current office would be maintained and improve as a primary visitor contact facility and possible gift store. :This illustration, taken from page G-1 of the CCPs Appendix G. Conceptual Plan, provides an aerial view of the proposed Environmental Education Center 01/14/2015 Page 23 of 34 Building designs in this area could be represented as early 1900's Lodges that were common in this area Examples of lodges used in the 1930's are seen in photos below. False Cape Club Pungo Hunt Club 01/14/2015 Page 24 of 34 5. OPEN SPACE AND RECREATION 5.1 For residential development 50% of the gross area of the subiect property should be designed to provide a practical balance of both 'active' and 'passive' open space, which should each be clearly designated on the development plan. Open space should be designed in accordance with the definitions below. 5.1.a. Active Open Space• Space that is programmed for active use, such as neighborhood parks playgrounds community pools, clubhouses / community centers ball fields or other play fields golf courses, historic structures open to the public and exercise biking or horse riding trails. It should be useable, visible and easily accessible from residences by multi-purpose trails or sidewalks. 5.1.b. Passive Open Space• Can include environmentally -sensitive areas (stream corridors, estuaries, wetlands, mature tree stands of native vegetation/undeveloped woodlands, aquifer recharge areas, floodplains, soils classified as having high water tables, soils classified as highly erodible, land incapable of meeting percolation requirements, and land formerly used for borrow operations and filled with water) agricultural uses, and scenic vistas. Where appropriate walking trails can be located within passive open space areas. Passive open space may be designed to address stormwater management. 01/14/2015 Page 25 of 34 5.1.c. Development plans should designate open space as active, passive, public, or private. The maintenance responsibility for each facility should be established prior to construction. Public designation refers to facilities to be used for a bona fide public purpose conducted by a public agency through ownership or bV easement. Private designation refers to facilities to be used and operated for the benefit of members of an incorporated or unincorporated association for a community, such as an homeowners association, and not open to the general public. I PRESERVATION AREA r Desiqnated open space in Mathews Green 5.1.d. Land for open space purposes should be protected through the use of a variety of legal instruments, such as deed restrictions, appropriate zoning classifications, protective easements or transfer to a stewardship agency (e.g. foundations or conservation groups), or through some other appropriate means. 5.1.e. Active open space should be integrated throughout the development for ease of access and use and not isolated. 5.1.f. Open space can be designed to include public plazas and public art. 5.2 For non-residential development. 30% of the gross area of the subiect property should be designed as open space and clearly designated on the development plan. Such open ce should not be limited to stormwater management facilities. 5.2.a. Parking lot landscape islands should not be considered open space. 5.3 A well-planned system of multi-purpose public trails should be included in all development to provide non -vehicular mobility, recreational opportunities, and connectivity to the larger Transition Area Open Space and Trails Network. A practical 01/14/2015 Page 26 of 34 balance of both 'primary' and 'secondary' trails should be provided and clearly designated on the development plan. 5.3.a. Primary Trails — Public asphalt trails within roadside buffer areas. A public easement will be required to be dedicated only if the buffer area is not dedicated to the city. Primary trails are maintained by the city. 5.3.b. Secondary Trails — Public asphalt trails located on property owned by Home Owner Associations (HOA) or other neighborhood ownership entities within a development. A public easement will be required to be dedicated to the City. The easement agreement states that maintenance of secondary trails is the responsibility of the HOA or other neighborhood ownership entity. 5.3.c. Non—residential development should be connected to other non-residential areas and residential areas via multi- purpose trails to encourage non -vehicular mobility throughout the Transition Area. 01/14/2015 Page 27 of 34 5.3.d. Multi-purpose trails should connect residential areas as well as connect to non- residential areas in order to enhance non -vehicular mobility. 5.4 Open space and recreational areas, trailway design, and connections should be designed to help implement the Transition Area Open Space and Trails Network (plan/map) and the goals of the Virginia Beach Outdoors Plan (see Appendix B 'Transition Area Open Space and Trails Network' map). *.- y 01/14/2015 Page 28 of 34 5.4.a. When developing adjacent to the West Neck Creek Natural Area, design elements, such as multi-purpose trail connections and observation decks, should be incorporated that allow opportunities for enjoyment of the area while being sensitive to its environmental characteristics. 01/14/2015 Page 29 of 34 5.5 Roadway buffers should be designated along selected roadways (see Appendix B Transition Area Open Space and Trails Network map) containing both landscaping and a Primary public multi-purpose trail within a public access easement, to provide for screening of development and to promote trail connectivity throughout the Transition Area. These buffers may be used for open space and residential density calculations. 5.5.a. For Residential Development, the buffer should be designated on the development side and have a width of 150 feet with robust landscaping. 150 foot buffer and Primary trail on Seaboard Road 5.5.b. For Non-residential Development, a 50 -foot buffer with robust landscaping should be designated along selected roadways Non-residential buffer along Sandbridge Road 01/14/2015 Page 30 of 34 6. INFRASTRUCTURE 6.1 All development in the Transition Area should be considered relative to its impact on current and planned infrastructure and to other discretionary development proposals. Many roads in the Transition Area are presently 2 -lane rural roads. Improvements are contingent on necessity and sufficient capital funding. 6.2 Connection to public sanitary sewer and water are preferred, However, if a parcel is proposed to be served by a private septic system or an alternative on- site sewage system (AOSS), the lot area should be of sufficient size and soil suitability to install a replacement system in case of original system failure. 6.3 Public utilities service extension should be incremental and in an orderly fashion 6.4 Development should respect the Master Transportation Plan by providing reservations or dedications for planned road improvements. 6.5 Stormwater management should be incorporated into project design according to state stormwater management regulations. A systems approach to stormwater management could be used, incorporating a range of stormwater management techniques. Wherever feasible, consider multi -site or regional stormwater management facilities and design them as site amenities. Page 31 of 34 APPENDICES 10/27/2014 APPENDIX A: TRANSITION AREA MATRIX Residential density for anv Change of Zoning within the Transition Area under the policies of the Comprehensive Plan is a maximum average calculated density of no more than one unit per acre of land that may be included in determining allowable dwelling unit density, which is earned through demonstrated conformance with the Transition Area Design Guidelines (Page 4 -XX, Policy Document). Part of the evaluation as to whether 'conformance with the Transition Area Design Guidelines' has been demonstrated is an assessment of the proposed development using the Evaluative Criteria provided below, which are based on the Transition Area Design Guidelines. Staff will 'score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then combined and the total is inserted into the formula below to determine the recommended maximum density for the development. Natural Resources Degree to which the proiect preserves and integrates into the overall project the natural resource amenities on the site (insert total points from page 2 — total possible is 2 points) Amenity The type and degree of the amenity (insert total points from page 4 — total possible is 4 points) Design Degree to which the project incorporates good design into the proiect (insert total points from page 7 — total possible is 5 points) TOTAL POINTS: CALCULATION MATRIX The maximum number of points that can be obtained is 11. Dividing the 'Total Points' by the 11 possible points results in a 'total score' (EXAMPLE: TOTAL POINTS 8.7 total points divided by 11= 0.79 [can be viewed as a 79% score, as if on a test]). POTENTIAL NUMBER OF DWELLING UNITS (An example of how this Matrix is used is provided on the last page) Transition Area Matrix Page 1 of 8 acres of Multiply the result from above by the acres of land that "may be included in X subject = determining allowable dwelling unit or lodging unit density" — Property POTENTIAL NUMBER OF DWELLING UNITS (An example of how this Matrix is used is provided on the last page) Transition Area Matrix Page 1 of 8 (1) Natural Resources Existing forests, wetlands, meadows, cultivated fields, and related features A. YES Are natural resources protected? (insert a score from 0 to 1 point to the Comments: right) NO (insert 0 points to the right) B. YES Are natural resources integrated into project? (insert a score from 0 to 1 point to the Comments: right) NO (insert 0 points to the right) (add scores for Items A & B) NATURAL RESOURCES TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 2 of 8 (2) Amenity A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. A. Is the amenity, if present, visually or operationally YES available to those who do not own property in the (insert a score from development? 0 to 1 point to the right) Comments: NO (insert 0 points to the right) B. Does the amenity consist of recreational components? YES (insert a score Comments: from 0 to 1 point to the right) NO (insert 0 points to the right) Transition Area Matrix Page 3 of 8 C. Are improvements made that provide visual or physical YES access to the natural resources on the site or are (insert a score from improvements made to create a new amenity to the 0 to 1 point to the property? right) Comments: NO (insert 0 points to the right) D. Is there connectivity linking any open space and/or YES amenities between this development and adjacent (insert a score from existing or future developments? ri to 1 point to the right) Comments: NO (insert 0 points to the right) (add scores for Items A, B, C, & D) AMENITY TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 4 of 8 (3) Design Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. A. Are natural or manmade water features incorporated YES into the development in a way that they serve as (insert a score from 0 to amenities? 1 point to the right) Comments: NO (insert 0 points to the right) B. YES Is there an attempt to integrate the amenities as an (insert a score from 0 to integral part of the overall development? 1 point to the right) Comments: NO (insert 0 points to the right) Transition Area Matrix Page 5 of 8 C. Does the development retain or create views or scenic YES vistas that can be seen from the road? (insert a score from 0 to 1 point to the Comments: right) NO (insert 0 points to the right) D. YES Is a mixture of lot sizes and the clustering or massing of (insert a score from homes used to achieve a primarily open space 0 to 1 point to the development? right) Comments: NO (insert 0 points to the right) Transition Area Matrix Page 6 of 8 E. YES Does the development use roadway and "hard (insert a score from infrastructure" that is appropriate for its design? Is it ri to 1 point to the consistent with the vision and recommendations of this right) area as expressed in the Comprehensive Plan? Comments: NO (insert 0 points to the right) (add scores for Items A, B, C, D & E) DESIGN TOTAL Insert in appropriate box on page 1 Transition Area Matrix Page 7 of 8 EXAMPLE OF HOW TO USE THE MATRIX (FROM PAGE 1) (Based on a property with 75 acres that qualify for density calculation) Natural Resources Degree to which the project preserves and integrates into the overall project the natural 1_5 resource amenities on the site (insert total points from page 2 — total possible is 2 points) Amenity The type and degree of the amenity 3_5 (insert total points from page 4 — total possible is 4 points) Design Degree to which the proiect incorporates good design into the project (insert total points 4_0 from page 7 — total possible is 5 points) TOTAL POINTS: 9.0 CALCULATION MATRIX The maximum number of points that can be obtained is 11. Dividing the 'Total Points' by the 11 possible points results in a 'total score' (EXAMPLE: TOTAL POINTS 8.7 total points divided by 11= 0.79 [can be viewed as a 79% score, as if 0.82 —11= on a testl). Multiply the result from above by 0.5 which is the difference between the X 0.5 =. 0.41 baseline density of 0.5 dwelling units per acre (du/ac) and the maximum allowable 1 dwelling unit per acre Add the result from above to 0.5 (the baseline density), which results in + 0.5 = 0.91 the maximum density for the site 'acres of 68 units Multiply the result from above by the acres of land that "may be included X subject — for ni in determining allowable dwelling unit or lodging unit density" — 75 property' acres ml POTENTIAL NUMBER OF DWELLING UNITS Transition Area Matrix Page 8 of 8 APPENDIX B —�_,_ •�_ NINIMit CENTER MUNICIPA{. CENTEF/ Af WEST NECKJREEK PARK TRANSITION AREA OPEN SPACE AND TRAILS NETWORK - NOVEMBER 2014 M-1--1-. .-�.�4. ...... RnnlRc rn..smox.w.rnw,m.ux nua _. .o�. PRIMARYSU!tER ROM SSECTION• wEs BAY GE ER SECONDARY P SUC TRAIL SECTION U roj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — (1) An Ordinance to Amend Section 502 of the City Zoning Ordinance Pertaining to Setbacks Adjacent to the Atlantic Ocean in the R-511 Zoning District. (2) An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats, and Other Plans of Development for Setbacks on Property Adjacent to the Public Beach of the Atlantic Ocean in the R -5R Zoning District. MEETING DATE: January 20, 2015 ■ Background: On January 6, the City Council deferred this item to the January 20 meeting, requesting that Staff prepare Transition Rules for the proposed ordinance amendment. The ordinance establishing Transition Rules has been drafted and is attached. Section 502 of the City Zoning Ordinance currently 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. AMENDMENT — SETBACK FROM OCEAN IN THE R -5R DISTRICT Page 2of2 ■ 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 amending Section 502 of the Zoning Ordinance Ordinance establishing Transition Rules Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: j � 4� 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 5S (11) 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 contiguous to, and any unimproved public right-of-way within, the sandy beach. 31 32 33 34 35 36 i �c �c • 41 42 43 44 45 46 47 48 49 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: DuplexesSemidetached (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 any bulkheaded area contiguous to and any unimproved public right-of-way within, the sandy beach. The following chart lists the requirements within the R -5R Residential District for minimum lot area, width, yard spacing and maximum lot coverage for duplex and semidetached dwellings. (b1) For duplex and semidetached dwellings in the R -5R Residential District: 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 contiguous to and any unimproved public right-of-way within the sandy beach. The following chart lists the requirements within the R-40 through R-2.5 Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for uses and structures other than dwellings. (d) For uses other than dwellings: 2 As an exception, the setback for any NA NA NA NA NA NA NA 30 (8) yard adjacent to the public beach of the Atlantic Ocean for any structure shall he 30 feet in the R -5R District. For Purposes of this section "beach" shall include any bulkheaded area contiguous to and any unimproved Public right-of-way within the sandy beach. COMMENT NA NA These amendments clarify that all structures adjacent to the public beach of the Atlantic Ocean are required to have a thirty (30) foot setback. This is applicable even if the lot is adjacent to an unimproved street or bulkhead as is present from 48th to 89th 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: GA13131 R-2 December 23, 2014 City Attorney's Office 3 1 AN ORDINANCE ESTABLISHING TRANSITION 2 RULES FOR THE REVIEW OF SITE PLANS, 3 SUBDIVISION PLATS AND OTHER PLANS OF 4 DEVELOPMENT FOR SETBACKS ON PROPERTY 5 ADJACENT TO THE PUBLIC BEACH OF THE 6 ATLANTIC OCEAN IN THE R -5R ZONING DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the City Council has adopted a City Zoning Ordinance requiring that 12 setbacks on property in the R -5R Zoning District adjacent to the public beach of the 13 Atlantic Ocean be thirty (30) feet, even if there is a bulkheaded area contiguous to or 14 any unimproved right-of-way within, the public beach; and 15 16 WHEREAS, this setback differs from that previously applicable to this area of the 17 R -5R Zoning District; and 18 19 WHEREAS, it is the sense of the City Council that special transition rules should 20 be adopted to govern certain development applications that were not approved by the 21 City prior to the effective date of the Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That the following rules shall apply to the review of site plans, subdivision 27 plats and other plans of development for setbacks for property adjacent to the public 28 beach of the Atlantic Ocean in the R -5R Zoning District: 29 30 (a) Any subdivision plat, site plan or other plan of development pertaining to 31 setbacks for property adjacent to the public beach of the Atlantic Ocean in 32 the R -5R Zoning District that has been accepted for review, but has not 33 been approved by the City on or before the close of business on the date 34 of adoption of the amendment to Section 502 of the City Zoning Ordinance 35 pertaining to setbacks adjacent to the public beach of the Atlantic Ocean, 36 for a period of one hundred eighty (180) days from the date of adoption, 37 shall be subject to the ordinances of the City applicable to such property in 38 effect on the date such plat, site plan or other plan of development was 39 accepted for review by the City. 40 41 (b) If such site plan, subdivision plat or other plan of development is not 42 approved within the aforesaid 180 -day period, all development that is the 43 subject of such site plan, subdivision plat or other plan of development 44 shall conform to all then current provisions of the City Zoning Ordinance, 45 as well as to all other applicable laws, ordinances, regulations and 46 standards. 47 48 COMMENT 49 50 These transition rules will allow projects that have been submitted but not approved to 51 continue through the approval process. Thus, if a project was submitted last week with a 20 foot 52 setback on the public beach, it could continue through the process without being amended to 30 53 feet. This would continue for 180 days. If it was not approved within 180 days, it would then have 54 to be amended to meet the new 30 foot setback. 55 56 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 57 BEACH, VIRGINIA: 58 59 That nothing in this ordinance shall be construed to affect any vested rights 60 which existed as of the effective date of the Ordinance. 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: Plannin I artment City Attorney's Office CA13252 R-2 January 8, 2015 2 rs'Z "y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution re Simon Acquisition II, LLC Application for Comprehensive Plan Consistency Review MEETING DATE: January 20, 2015 ■ Background: On December 10, 2014, Simon Acquisition II, LLC (Simon) submitted an application, pursuant to Virginia Code Section 15.2-2232, to the Planning Commission for Comprehensive Plan consistency review regarding vehicular access to a proposed 350,000 square foot retail outlet mall located in the City of Virginia Beach. The Code provision requires the Commission to act within 60 days from the date the application is submitted or the application is deemed to have been approved, but also provides that the time may be extended by the City Council. ■ Considerations: Under the aforesaid Code provision and given the regular meeting schedule of the Planning Commission, the item would have to be acted upon by the Commission at its meeting of January 14, barely one month after the application was filed. Because of the complexity of the matter, that amount of time is inadequate for the Planning Department to properly review and evaluate the application or for the Planning Commission to give mature and proper consideration to the matter. Accordingly, the Resolution extends the time within which the Planning Commission must act to March 11, 2015, and requires that the Commission act by that date. ■ Public Information: No special form of advertising is required for this item; the actual Planning Commission item, however, must be advertised in accordance with Virginia Code Section 12.2-2204 (newspaper publication once per week for two consecutive weeks). ■ Recommendations: Adoption of the resolution ■ Attachments: Resolution Recommended Action: Adoption of resolution Submitting Department/Agency: Planning Department City Manager: �� „ 1 A RESOLUTION EXTENDING THE TIME WITHIN WHICH THE 2 PLANNING COMMISSION MUST ACT IN THE APPLICATION 3 OF SIMON ACQUISITION II, LLC FOR COMPREHENSIVE 4 PLAN CONSISTENCY REVIEW PURSUANT TO VIRGINIA 5 CODE SECTION 15.2-2232 6 7 8 WHEREAS, Simon Acquisition II, LLC (Simon) has made application pursuant to 9 Virginia Code Section 15.2-2232 (the Application) to the Planning Commission for 10 Comprehensive Plan consistency review regarding vehicular access to a proposed 11 350,000 square foot retail outlet mall located in the City of Virginia Beach; and 12 WHEREAS, the Application was submitted to the City on December 10, 2014; 13 and 14 WHEREAS, Virginia Code Section 15.2-2232 provides, in pertinent part, that 15 "[f]ailure of the commission to act within 60 days of a submission, unless the time is 16 extended by the governing body, shall be deemed approval" of the application; and 17 WHEREAS, as a result of the aforesaid provision and the regular meeting 18 schedule of the Planning Commission, the Planning Commission would have to act 19 upon the Application at its meeting of January 14, 2005 or be deemed to have approved 20 the Application, inasmuch as its next regular meeting is to take place on February 11, 21 2015, more than sixty (60) days after the submission of the Application; and 22 WHEREAS, the statutorily -mandated sixty-day period is insufficient for the 23 Planning Department to adequately review and evaluate the Application and for the 24 Planning Commission to give mature and proper consideration to the Application; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the sixty-day time period imposed by Virginia Code Section 15.2-2232, 28 within which the Planning Commission must act or be deemed to have approved the 29 aforesaid application is hereby extended to March 11, 2015, and the Planning 30 Commission is hereby directed to act on the Application by no later than such date. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 33 day of 12015. 2 APPROVED AS TO CONTENT: CA -13244 R-2 December 19, 2014 APPROVED AS TO LEGAL SUFFICIENCY: E�'La& " -�) City Attorney's Office K. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to 5:00 PM CITY OF VIRGINIA BEACH CITY MANAGER BRIEFING SUMMARY OF COUNCIL ACTIONS A. PLANNING ITEMS Jack Whitney, R Director- Planning O Department D S DATE: 01/06/2015 PAGE: 1 A S- V VM H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N O K M M S H L W O Y L N A O O O R S O R E E E N S N M I O O T R Y S E S D S N N D I CITY MANAGER BRIEFING A. PLANNING ITEMS Jack Whitney, Director- Planning Department II/III/IV/ RECEPTION VM HONORING NEWLY ELECTED AND RE-ELECTED MEMBERS OF CITY COUNCIL VII FORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer, Pastor All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE D. CEREMONIAL OATH OF OFFICE - CITY COUNCIL Presiding: Leslie L. Lilley, Judge E. ELECTION OF THE VICE 11-0 Y Y Y Y Y Y Y Y Y Y Y MAYOR Elected Louis R. Jones F. OATH OF OFFICE — VICE MAYOR Presiding: Leslie L. Lilley, Judge G. MAYOR'S FORMAL SEATING OF CITY COUNCIL H/I/J/K CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y L MINUTES APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y B December 9, 2014 S T A I N E D M/N-1 Ordinance to AMEND the City Code re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y portable storage containers with CONSENT Special Event Permits I HI CITY OF VIRGINIA BEACH BAYFRONT ADVISORY ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y COMMITTEE: CONSENT R O the City Code ESTABLISHING the D S DATE: 01/06/2015 PAGE: 2 A S_ V COMMISSION H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N O K M M S H L W O Y L N A O O O R S R E E E N S N M 1 OT Y Y Y R Y S E S D S N N JD 2 BAYFRONT ADVISORY ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE: CONSENT a. Ordinance to AMEND Sec 2-451 of the City Code ESTABLISHING the BAYFRONT ADVISORY COMMISSION b. Resolution to RE-ESTABLISH a Standing Committee/change its name/ MODIFY its Charge 3 Resolution to PROVIDE the issuance/sale ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Storm Water Utility Revenue Bonds of CONSENT $24,000,000 4 Resolution re ESTABLISHMENT of the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y AMERICAN MEDICAL RESPONSE CONSENT MID -ATLANTIC, INC./GRANT EMS Permit for private ambulance services 5 Ordinance to ACCEPT a donation from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the Hampton Roads Planning District CONSENT Commission (HRPDC) to improve regional communications 6 Ordinance to ESTABLISH "Corporate ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Landing Roadway Improvements"/ CONSENT ACCEPT $453,000 from Va Economic Development/APPROPRIATE state revenues/ACCEPT $1,172,051 from Development Authority/APPROPRIATE 7 Ordinance to MODIFY terms of the ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y Town Center Phase V RA Note of CONSENT $3,850,000 8 Ordinances to APPROPRIATE: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. $18,932 HUD for Veterans Affairs Supportive Housing b. $1,477,422 ofthe Tourism Investment Program Special Revenue to the Atlantic Avenue trolley purchase CITY OF VIRGINIA BEACH ATLANTIC DEVELOPMENT APPROVED/ 10-0 Y Y Y Y Y Y Y A SUMMARY OF COUNCIL ACTIONS Y Y ASSOC, LLC/DORIS V. and CONDITIONED/ B R PROFFERED, BY S O CONSENT D S DATE: 01/06/2015 PAGE: 3 A S- T V H S AGENDA E A H A E W ITEM # SUBJECT MOTION VOTE N E J I M S U I P D N O K M M S H L W O Y L N A O O O R S E R E E E N S N M 1 O T R Y S E S D S N N JD 0-1 ATLANTIC DEVELOPMENT APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y ASSOC, LLC/DORIS V. and CONDITIONED/ B ALFONZO R. MORGAN at 401 PROFFERED, BY S CONSENT Birdneck Circle DISTRICT 6 - BEACH: T A a. Variance to Subdivision Regulations I re subdivided lots N E b. COZ from A-12 to R-7.5 D c. Conditional COZ from A-12 to Conditional A-12 2 SUL TRANQUILITY LAKES, LLC DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y /WILLIAM DONALD MARTIN, SR. 2/3/15, BY re Modification of Conditions to CONSENT EXPAND the scope of the project at 5827 Burton Station Road DISTRICT 4 — BAYSIDE 3 ENOCH BAPTIST CHURCH /GOOD APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SAMARITAN EPISCOPAL CHURCH CONDITIONED, BY at 848 Baker Road DISTRICT 2 — CONSENT KEMPSVILLE. a. Modification of Conditions to construct a Family Center b. Modification of Conditions to expand the parking lot at 5641 Herbert Moore Road 4 4T" GENERATION HOME APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y BUILDERS, LLC/SARAH F. PROFFERED, BY BARKER for a COZ from R-40 to CONSENT Conditional PD -H2 re condominiums at 5001 Shell Road DISTRICT 4 — BAYSIDE 5 AH SANDBRIDGE, LLC re DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffer No. 3 of a 1/20/15, BY Conditional Change of Zoning (approved CONSENT 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 6 Ordinances to AMEND the City Zoning Ordinance (CZO) ADOPTED, BY a. Section 208 ie portable storage CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y containers b. Sections 111/401/ADDING Section ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y 241 re definition and conditions REVISED, BY required for a Recreational Resort CONSENT Community CITY OF VIRGINIA BEACH c. Section 502 re setbacks adjacent to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y the Atlantic Ocean in the R -5R 1/20/15, BY R CONSENT O P APPOINTMENTS RESCHEDULED B D C O N S S N S U S DATE: 01 /06/2015 PAGE: 4 A S- V PERSONNEL BOARD H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N O K M M S H L W O Y L N A O O O R S O Y R E E E N S N M I O O T R Y S E S D S N N D CITY COUNCIL WINTER RETREAT Brock Environmental Center 363 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to 5.00 PM c. Section 502 re setbacks adjacent to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y the Atlantic Ocean in the R -5R 1/20/15, BY Zoning CONSENT P APPOINTMENTS RESCHEDULED B Y C O N S E N S U S COMMUNITY SERVICES BOARD PERSONNEL BOARD TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC Reappointed: 1 year 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE term- 01/01/2015- 1/01/2015-12/31/2015 12/31/2015 Bryan Cuffee — Development Authority, William D. Sessoms, Jr., Mayor, Dorothy Wood HUMAN RIGHTS COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired term thru 03/31/2017 Ronald Taylor PLANNING COMMISSION Appointed: 4 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 01 /01 /2015 — 12/31/2018 John D. Wall Q/R/S ADJOURNMENT 6:17 PM PUBLIC COMMENT — No Speakers CITY COUNCIL WINTER RETREAT Brock Environmental Center 363 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to 5.00 PM