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FEBRUARY 17, 2015
II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 4��A BFAc MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,Al Large ROBERT M.DYER,Centerville-District I V 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 Or OIIRNI.110N JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORF. PHONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR---LYNDONS.REMIAS 17 February2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK--RUTH HODGES FRASER,MMC VICE MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police Department B. SEVERE REPETITIVE LOSS PROGRAM Dave Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rawley Pastor Virginia Beach United Methodist 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 February 3, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Real Estate Tax Relief for the Elderly and Disabled 2. Leases of City-Owned Properety a. 2200 Parks Avenue b. 1409 Old Virginia Beach Road 3. Acquisition for Rights-of-Way by Agreement or Condemnation a. Indian River and Kempsville Roads Intersection b. Witchduck Road Phase II I. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Museum of Contemporary Art ("MOCA") at 2200 Parks Avenue b. Transitions Community Development Corporation at 213 and 217 Louisa Avenue I I 2. Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: a. Indian River Road and Kempsville Road Intersection Improvements b. Witchduck Road - Phase II 3. Ordinances to AUTHORIZE Temporary Encroachments into a portion of City Property known as: a. Lake Wesley at 492 Southside Road b. Lake Joyce at 4320 Ben Gunn Road 4. Resolution to AUTHORIZE the City Manager to EXECUTE an Intergovernmental Agreement re the Purchase of Agricultural Reserve Program easements 5. Ordinance to APPROPRIATE funds and AMEND re the "Severe Repetitive Loss Grant Program (Adopted February 28, 2012) a. Federal Revenue re reduction by $42,608 b. Home Owners Contributions re increase by $168,352 6. Ordinance to ACCEPT and APPROPRIATE $1,227,144 from the Virginia Department of Emergency Management and ESTABLISH the FEMA Flood Mitigation Assistance Grant Program 7. Ordinances to APPROPRIATE: a. $700,000 to the Strategic Growth Area(SGA) re the Parking Enterprise Fund b. $687,074 from the Virginia Department of Transportation (VDOT) for Roadway Maintenance c. $106,000 of the Police Federal/State Seized Assets Special Revenue Fund re a current License for a Law Enforcement Web Application J. PLANNING 1. Ordinance to AMEND Sections 111, 230, 901 and 1001of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code re Craft Distilleries RECOMMENDATION APPROVAL I it I 2. UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6—EACH a. Special Exception re Alternative Compliance to the Oceanfront Resort District Form- Based Code b. Request for Major Entertainment Venue Signs at 19th Street and Virginia Beach Boulevard RECOMMENDATION APPROVAL 3. CHESAPEAKE BAY DISTILLERY, LLC /HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 4. VIRGINIA BEACH DEVELOPMENT AUTHORITY re Modification of Proffers Nos One (1) and Two (2) (approved June 13,1998, and modified June 25, 1996) at General Booth Boulevaard and Corporate Landing Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit(Indoor Commercial Recreation Facility-Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 6. Variance to Section 4.4(d) of the Subdivision Regulations: a. BH INVESTORS /ROBERT S. LINDSLEY,JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY,JR re subdivision of lots at 936 Lindsley Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION APPROVAL b. RICHARD S. and JUDY L. FOSTER, re subdivision of lots at 3344 Eagle Nest Point DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 7. NVR, INC/MUNDEN FARM, LLC re Modification of Proffer No. 3 (Approved March 26, 2006)at Munden Farms Lane and Munden Ridge Drive re lot size DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 8. MONARCH PROPERTIES, INC. for a Conditional Change of Zoning from R-5D Residential District to Conditional 0-1 Office District at South Rosemont Road re a medical office building DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVAL 9. ALEXANDRIA PLACE, LLC do HAV for a Conditional Change of Zoning from Al2 Apartment to Conditional A-24 Apartment at 5700 Magnolia Chase Way re increased density DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH HEALTH ADVISORY BOARD 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 ******************************* I II i II I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police Department B. SEVERE REPETITIVE LOSS PROGRAM Dave Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION I it I V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rawley Pastor Virginia Beach United Methodist 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 February 3, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA I I II H. PUBLIC HEARINGS 1. Real Estate Tax Relief for the Elderly and Disabled 2. Leases of City-Owned Properety a. 2200 Parks Avenue b. 1409 Old Virginia Beach Road 3. Acquisition for Rights-of-Way by Agreement or Condemnation a. Indian River and Kempsville Roads Intersection b. Witchduck Road Phase II ,el 4. „,,,,,.......,,,,,e ,...,„... NOTICE OF PUBLIC HEARING On Tuesday, February 17, 2015, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning proposed modifications to the City's Elderly Tax Relief Program. For information on the three proposals currently under consideration by the City Council, please visit our website www.vbgov.com/hottopics. This hearing is open to the public,and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired,call TDD-711. Beacon Feb.15,2015 24531387 it NNg�fl vx: -Lw PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property (MOCA site) on February 17, 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 property: 2200 Parks Avenue (GPIN 2417-88-0355) 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 Hodges Fraser,MMC City Clerk Beacon February 8,2015 24519364 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 February 17, 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: 1409 Old Virginia Beach Road (GPIN 2417-17-9326) 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 Hodges Fraser,MMC City Clerk Beacon February 8,2015 24517973 I I rj*� J es„y f PUBLIC HEARING ACOUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition,by agreement or condemnation,of right-of-way and temporary and permanent easements necessary for the Indian River Road and Kempsville Road Intersection Improvements Project (CIP #2-418), Tuesday, February 17, 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 plans for the project are entitled: "INDIAN RIVER ROAD AND KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS C.I.P.2-418.000"and are on file in the Public Works Department, Engineering Division, Ale 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 757-385-4303; 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 February 8,2015 24518775 �WU'� r'J ,;iwtir.y�;l f� yTi 1'f f tri 2 .'1 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 right-of-way and temporary and permanent easements necessary for the Witchduck Road Phase II Project (CIP 2-025),Tuesday,February 17, 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 plans for the project are entitled: "WITCHDUCK ROAD- 6 LANES, CIP NO. 2-025" 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 757-385-4303; 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 February 8,2015 24518757 II I. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Museum of Contemporary Art ("MOCA") at 2200 Parks Avenue b. Transitions Community Development Corporation at 213 and 217 Louisa Avenue 2. Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: a. Indian River Road and Kempsville Road Intersection Improvements b. Witchduck Road - Phase II 3. Ordinances to AUTHORIZE Temporary Encroachments into a portion of City Property known as: a. Lake Wesley at 492 Southside Road b. Lake Joyce at 4320 Ben Gunn Road 4. Resolution to AUTHORIZE the City Manager to EXECUTE an Intergovernmental Agreement re the Purchase of Agricultural Reserve Program easements 5. Ordinance to APPROPRIATE funds and AMEND re the "Severe Repetitive Loss Grant Program (Adopted February 28, 2012) a. Federal Revenue re reduction by $42,608 b. Home Owners Contributions re increase by $168,352 6. Ordinance to ACCEPT and APPROPRIATE $1,227,144 from the Virginia Department of Emergency Management and ESTABLISH the FEMA Flood Mitigation Assistance Grant Program 7. Ordinances to APPROPRIATE: a. $700,000 to the Strategic Growth Area(SGA) re the Parking Enterprise Fund b. $687,074 from the Virginia Department of Transportation (VDOT) for Roadway Maintenance c. $106,000 of the Police Federal/State Seized Assets Special Revenue Fund re a current License for a Law Enforcement Web Application i l I I II re,..,."- T u �r .,c, to qtk„.:„....." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with Virginia Museum of Contemporary Art ("MOCA") for City-owned Property Located at 2200 Parks Avenue MEETING DATE: February 17, 2015 • Background: Since 1986, the City of Virginia Beach has been leasing 9.617 acres of City-owned property, together with a 38,000 square foot building located thereon, to the Virginia Museum of Contemporary Art ("MOCA," formerly known as the Contemporary Art Center of Virginia). This ordinance will renew the lease agreement between the City and MOCA for a five-year period. • Considerations: Rent would be one dollar($1.00) per year for a term of five years. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of subject premises. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office 90 City Manager. .< 2, I it I li 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE YEARS WITH VIRGINIA MUSEUM OF 4 CONTEMPORARY ART ("MOCA") FOR CITY- 5 OWNED PROPERTY LOCATED AT 2200 6 PARKS AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 9 land and a 38,000 square foot building located at 2200 Parks Avenue (the "Premises"); 10 11 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA," formerly known 12 as the Contemporary Art Center of Virginia) has leased the Premises from the City 13 since 1986 for the operation of its art museum; 14 15 WHEREAS, MOCA would like to renew its lease agreement with the City for the 16 Premises; and 17 18 WHEREAS, the City staff has determined that continuing to lease the Premises 19 to MOCA will benefit the community by providing a cultural experience to residents and 20 tourists visiting the City. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a lease 26 for up to five years between the Virginia Museum of Contemporary Art and the City of 27 Virginia Beach for the Premises in accordance with the Summary of Terms attached 28 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 29 modifications as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM e,ZOVOLeUs6A6017/C-14- Signature Signature l✓Nks fes; Department CA13196 R-1 DATE: February 6, 2015 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach LESSEE: Virginia Museum of Contemporary Art "MOCA" PREMISES: Approximately 9.617 acres of City-owned property, which includes a 38,000 square foot facility located at 2200 Parks Avenue and known as Virginia Museum of Contemporary Art "MOCA" TERM: May 1, 2015 through April 30, 2020 RENT: Rent shall be One Dollar($1.00) Per Year RIGHTS AND RESPONSIBILITIES OF THE VIRGINIA MUSEUM OF CONTEMPORARY ART: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. i I i i I • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. .-,.. . . . - c''.. --1111w7"•'' r • •- t. •• • '•••*. r' "- - •-•--.- - \ill': • - ` -'fli'''' 1, ., . . • - •,- '' - . 01111111. .„, , ;,IPIIIIIIIIIIIIII ', t ....% '-•-, ' '- .‘,"•,.1 ',:„....-.- ., , , 4 r- - -'vr• '-', 4 •-•' ..., ;. . . ..,..; ,- ,.., eft.' 1 . ... , . r . .•„_. . . • . ,- .,..r . ' -- 1 . ., ,--. • ga -- ' ....- \',, 1.^•- ' * .'''' •` ' five 3.----- .... 4,.1., .• \. 99.._or. .:: , , 0 ..„-.. ,,... ,. 1\ A ...• --- • *. 1,-- tn rn -7'---.... ., i. ,..k....., ,-* co -- ,,..., 4.:' 'Illiiillii' .1111.11111H'1447;.: 11110v: ,.......1.ri.--- ..-... . - I, ... r ' 4 ... ' ....o.--...cll.. 4 Tl• EL • - , - ,.- * * N -. • „. . ....' . z ..__.----- CL 0 .----3- , •t......... t i \..1,,,, . , 2 5 •......:.'„,...;r...17°!..-'.'',.*,i.:*1 1 Z W . I I • '.••- 1 - *4.• CD '..4...... ... - , ..... .. . ,,,„ 0 < - • -- ,-, .-. - _ -- -..44.---*:::'.-i.-..".*'%,-. • •:.:"u Cr ...,,.,7r,.;•*".'""-. tii 1- Z • ,,,,,,, '';it''..;'..N;t1:-..i . It'..'-."'77 T-1.t',....4 t'.' II I ... ,',', ,t ''t „........, ,,- . t . . - . ...t.•0 " '' '. • .....- .. . . -.. . • 'CC i 4.-. :. il, 0 5 6 - .t t. . F *.**44,4); .iii• ';.'-'' .• , ''. > AIN i• - ' . .* . ,-, -.;,--.-,,..„, , ', , .. . , .. - ... ,,- .._. —< A 1..k..,.„,„,:'''''.,., •0 k • ,. • •t,""'•• • ' $' 0 41R,„;.' r. u_ ..." .•,' . ,•• C) ' ' 1* '' ' ' 0 ' .•,- N e' ' - • `,... CC '••• , .-- : . ,,,- ..,..,,,. , •-•- -' N - ' ••••••., "qt 2 < .•,, cc , 0 ,— , . . '. • . ' . \ •, .. "*." .'. allitt ". • .... 0 frit , '••' , . •-•' p,_ — '••'',:• - IL• '•••4• .: % '• • i < ::: •J•t-. ;`,.., . - _ . ,.. aisk. 2 . ' z — , .....,,,,..--- ... ..., . r.,- .. .? i- ' ‘•:, . *- , , - 11/1106i CC 0 -.. '--4„f 1-'•*- - 1 11..4111.1.' I MI= .. El-: -• ak. :,,,, tri •-t .t :,..,r._. .,. t: , .. '.,..., \ 1 11 1;11 t, .....:,,..:"...,,11:::.,:l": ,...,' fl ' ill It --. .'t.-1:'' '0 ...,,r rii.,,•....44, .. , _ tate .. ... _ 4,..• •••., . 1 •. . ., • , . .., 1 L ". '''•• • ' - '••.;• i * ,,. ,_. ,:. b. C Or*, o �> V % i� CITY OF VIRGINIA BEACH AGENDA ITEM I 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 two residences located at 213 Louisa Avenue and 217 Louisa Avenue. MEETING DATE: February 17, 2015 • Background: The City of Virginia Beach (the "City") acquired 213 and 217 Louisa Avenue as part of the City's APZ-1 Use and Acquisition Plan (CIP 9-060). Both properties are developed with single-family homes in good condition. Further, 213 Louisa Avenue has features that are considered to be contributing resources to a potential historic district. The APZ-1 Disposition Committee has recommended that the properties be retained and utilized by a non-profit on an interim basis. The properties were put out to bid for non-profit proposals. Transitions Community Development Corporation, a Virginia non-stock corporation ("Transitions"), was the only respondent. Transitions currently leases a City-owned residential property located at 1467 Old Virginia Beach Road. Transitions proposes an expansion of its program to include 213 and 217 Louisa Avenue. Transitions will provide transitional housing for individuals coming out of incarceration or homelessness upon referral from the Virginia Beach jail, courts, or other local agencies. No more than four (4) full-time residents are permitted to reside in each house at any time. Further, individuals with sexual offenses and/or violent crime convictions shall be prohibited. A public hearing was held on this proposed lease on January 20, 2015, with no speakers. The Oceana Gardens Civic League was brief on the proposed lease and has expressed its support. • 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. Transitions will be required to complete noise attenuation measures and bring the properties into compliance with current City building codes within the first twelve (12) months. • 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. is Recommendations: Approval I I i I • Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval Submitting Department/Agenc : Public Works / Facilities Management City Manager: < L,, 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 TWO RESIDENCES LOCATED AT 213 7 LOUISA AVENUE AND 217 LOUISA AVENUE. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land and the residences located thereon located at 213 Louisa 11 Avenue (GPIN 2407-85-6101) and 217 Louisa Avenue (GPIN 2407-85-6107) and 12 more particularly described on Exhibit "A" attached hereto (collectively, the 13 "Premises"); 14 15 WHEREAS, Transitions Community Development Corporation 16 ("Transitions") has requested to lease the Premises for non-profit purposes and 17 will perform all required maintenance; 18 19 WHEREAS, Transitions would like to enter into a formal lease with the 20 City for the Premises pursuant to the Summary of Terms attached hereto as 21 Exhibit "B"; and 22 23 WHEREAS, the Premises will be utilized to provide temporary housing for 24 no more than four (4) residents in each house on the Premises at any time and 25 for no other purpose. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for a term 31 of one year, with the option to renew for four one-year terms, between 32 Transitions and the City, for the Premises in accordance with the Summary of 33 Terms attached hereto and such other terms, conditions or modifications as may 34 be deemed acceptable by the City Manager and in a form deemed satisfactory 35 by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT F, I NCY AND FORM 5.4(1 City torn:y Pu lic Work /FacilitieManagement CA1 142 2/6/2015 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d023\p019\00174330.doc Exhibit "A" Legal Description GPIN: 2407-85-6101 (213 Louisa Avenue) ALL THAT certain tract, piece or parcel of land, located in Oceana Gardens, near Oceana, in the City of Virginia Beach, Virginia, known, numbered and designated as Lots numbered Sixteen (16) and Seventeen (17) in Block Eleven (11) as shown on the Plat of Oceana Gardens, duly recorded in the Clerk's Office of the Circuit Court of the City Of Virginia Beach, Virginia. IT BEING the same property conveyed to the City of Virginia Beach by deed from Joanne S. Ferrell, Trustee of the Joanne S. Ferrell Revocable Trust Declaration under Agreement dated December 7, 1998 and Edith Johanna Smith, Trustee of the Thomas S. Ferrell, Jr. Family Trust and Edith Johanna Smith, Trustee of the Thomas S. Ferrell, Jr. Revocable Trust Agreement dated November 14, 2002, as amended and restated on November 5, 2004 dated October 10, 2013 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20131016001232920. GPIN: 2407-85-6107 (217 Louisa Avenue) ALL THAT certain tract, piece or parcel of land, with the improvements thereon, located in Oceana Gardens, near Oceana, in the City of Virginia Beach, Virginia, known, numbered and designated as Lot numbered Eighteen (18) in Block Eleven (11) as shown on the Plat of Oceana Gardens, duly recorded in the Clerk's Office of the Circuit Court of the City Of Virginia Beach, Virginia in Map Book 3, at page 51. IT BEING the same property conveyed to the City of Virginia Beach by deed from Joanne S. Ferrell, Trustee of the Joanne S. Ferrell Revocable Trust Declaration under Agreement dated December 7, 1998 dated November 20, 2013 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20131121001366060. EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Transitions Community Development Corporation PREMISES: Two residential properties 213 Louisa Avenue (GPIN: 2407-85-6101) 217 Louisa Avenue (GPIN: 2407-85-6107) TERM: March 1, 2015, through February 28, 2016, with four(4) one-year renewal options. The renewal terms are at the City's option. RENT: $1.00 per year per residence RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for a temporary residential facility and for no other purpose. • No more than 4 full-time residents are permitted to reside in each house on the Premises at any time. • Individuals who have sexual offenses or violent crime offenses shall be prohibited. • Shall not modify the Premises without prior approval from the City, except that Lessee shall perform sound attenuation measures and bring property into compliance with City building codes at Lessee's expense within initial year of lease. • 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. 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. _ z3 417 I x o C �3 % O ii % 4el v) UPI 17 H j 1 � al cl - _ J IF a L3 g i I 0On � a. O O> O o J Qto ij LU _ O ` O D_ 2' �i —Jul in O m _ C co (� y t i U c:. C-1 a ti CO 11!` '2 0 _ a rz. 1 0 >.....1 N <` W LA OD Z : L„,,,. 0 CD v Ng 0 r 3AVi Sif1C?� z a Q U N LT Li (4 ,, Q ^"61.J i L___-- _ it) Q 1 I r , Iii t , il 0 4P, ___i / c,`' / LC) j 6i ..''' iiiilli/ .7, v N m ai Q ;.IRDNECK RP S ,j" / 0a' 110 u ! J` `f"r �` ate"" .(/) n °° LVD _ _ CD 0 ��III � �~ d O IOri GO r 4) N O .'• II\ lk LIJ C U = n. CD T 1 ! 1 0 c. uae� S y 5: 7 Z � a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to approve the major design features and authorize the acquisition of property in fee simple for right-of-way for Indian River Road and Kempsville Road Intersection Improvements Project CIP 2-418 and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: February 17, 2015 ■ Background: The intersection of Indian River Road and Kempsville Road is being reconfigured under CIP 2-418 because it is the most congested intersection in the City. This intersection carries over 106,000 vehicles per day and operates well beyond its current design capacity in the peak hours. The existing left turn movements are being replaced with a modified design to increase capacity, safety and efficiency: indirect left turns are being proposed north and south on Kempsville Road with median U-turn lefts being introduced on Indian River Road. After an evaluation of various traditional design alternatives, the current design features were presented to the City Engineer, the Director of Public Works, the City Manager's Office, the Management Leadership Team, the City Transportation Committee, City Council members, the Transportation Planning Organization, Virginia Department of Transportation and the Federal Highways Administration. Alternatives to the design features include adding traditional lanes (estimated at over $37 million) and a grade-separated overpass or single point Interchange (estimated at over $61 million). Both these alternatives also carry impacts to businesses and residents in the form of heavier right-of-way and environmental footprints. The current design (estimated at $13.8 million) provides the necessary capacity improvement requiring minimal acquisition, with a very small addition of net impervious area. Right-of-way and easements are required from thirty-six (36) parcels. The project is funded by competitively obtained funds from the Congestion Management and Air Quality (CMAQ) program, as well as City matching funds. • Considerations: The project examined the need for pedestrian, bicycle, lighting, stormwater quantity and quality, and utility improvements. Limited in scope to an intersection project, and seeking to minimize the right-of-way and environmental impacts, the project met the need for pedestrian facilities, stormwater quantity and quality. Extensive coordination with the residents, including Lake James and Lake Christopher, was required. The project maintains the existing levels of bicycle and lighting infrastructure. 1,1 • Public Information: A Citizen Information Meeting was held on June 20, 2012. A Design & Location Public Hearing was held on January 23, 2013. In addition, an advertisement of the public hearing was published in The Virginian-Pilot, Beacon. Advertisement of the City Council Agenda. • Alternatives: As a proposed intersection improvement project, alternatives include: • Approving the Ordinance as requested • Denying the Ordinance and risk delaying the project and potential loss of CMAQ funding • Recommendations: Approve the major design features and authorize the acquisition, by agreement or condemnation, of the necessary property and easements (temporary and permanent) associated with CIP 2-418, the Indian River Road and Kempsville Road Intersection Improvements project. • Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works/Real Estate C t1 [ City Manage . '� J 1 AN ORDINANCE TO APPROVE THE MAJOR 2 DESIGN FEATURES AND AUTHORIZE 3 ACQUISITION OF PROPERTY IN FEE SIMPLE 4 FOR RIGHT-OF-WAY FOR INDIAN RIVER s ROAD AND KEMPSVILLE ROAD 6 INTERSECTION IMPROVEMENTS PROJECT 7 CIP 2-418 AND THE ACQUISITION OF 8 TEMPORARY AND PERMANENT 9 EASEMENTS, EITHER BY AGREEMENT OR 10 CONDEMNATION 11 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 transportation within the City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 17 people in the City of Virginia Beach. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 Section 1. That the City Council approves the major design features and authorizes 23 the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., 24 Sections 33.2-1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of 25 all that certain real property in fee simple, including temporary and permanent easements 26 and entire tracts upon which such rights-of-way or easements shall be located, within the 27 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 28 amended (the "Property"), as shown on the plans entitled "INDIAN RIVER ROAD AND 29 KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS C.I.P.2-418.000,"(the"Project") 30 and more specifically described on the acquisition plats for the Project (plats and plans 31 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 32 Department of Public Works, City of Virginia Beach, Virginia. 33 34 Section 2. That the City Manager is hereby authorized to make or cause to be 35 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 36 reasonable offer to the owners or persons having an interest in said Property. If refused, 37 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 40 , 2015. CA12561 PREPARED: 1/20/2015 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d021\p018\00179598.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL ft. SUFFICIENCY AND FORM A IP PUBLI I ORKS/REAL ESTATE q\,\() CITY A ORNEY oy ij CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to approve the major design features and authorize the acquisition of property in fee simple for right-of-way for Witchduck Road — Phase II Project, CIP 2-025, and the acquisition of temporary and permanent easements either by agreement or condemnation MEETING DATE: February 17, 2015 • Background: The City of Virginia Beach received Governor's Transportation Plan funding for the Witchduck Road - Phase II Project (CIP 2-025, VDOT Project Number U000-134-175, UPC 55202) (the "Project") in 2011 and was given approval to begin the right-of-way phase by the Virginia Department of Transportation ("VDOT") on October 10, 2013. The Project will provide a six-lane divided roadway on a 143-foot to 165-foot variable right-of-way along Witchduck Road from 1-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feet. Right-of-way and easements are required from thirty-five (35) parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. Acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. • Considerations: Major design features for the Project will include the following: The existing roadway will be widened from four lanes to six lanes. Bicycle accommodations will consist of a wide outside lane for cyclists. Aesthetic improvements, consistent with the Pembroke SGA Plan, will include 16-foot paved pedestrian areas comprised of concrete and brick pavers. Stormwater management improvements will include a regional facility that will produce a significant number of excess nutrient credits for future Project use. A parallel stormwater conveyance system along Greenwich Road and a new outfall to Kemps Lake will also be provided with the Project to resolve capacity issues for the Witchduck Road storm drain system. Lighting improvements will consist of LED street lights. Private utility improvements will involve relocating all overhead utilities into an underground duct bank. The Project will also include roadway improvements and modifications to Pennsylvania Avenue, Mac Street, Southern Boulevard, Cleveland Street and Admiral Wright Road at Denn Lane. This Project will improve capacity needs and mobility demands in the Witchduck Road area. Currently traffic volumes are approximately 53,300 vehicles per day and are anticipated to reach 64,000 vehicles per day by 2034. This Project will serve the commercial businesses located along the corridor and also improve access to both 1- 264 and Virginia Beach Boulevard. This Project is included in the Regional Transportation Plan and in the City's Master Transportation Plan. • Public Information: A Citizens Advisory Committee, comprised of key business leaders along the Project corridor, was assembled and convened four times between March 16, 2005 and June 26, 2007. A Citizen Information Meeting was held on November 30, 2006, and a Location and Design Public Hearing was held on December 13, 2012. • Alternatives: Approve the Ordinance as requested or deny the Ordinance and risk delaying the Project and potential loss of Governor's Transportation Plan funding for the Project. • Recommendations: Approval • Attachments: Ordinance and Location Map Recommended Action: Adopt Ordinance Submitting Department/Agency: Public Works/Engineering ��e City Manager: 1 AN ORDINANCE TO APPROVE THE MAJOR 2 DESIGN FEATURES AND AUTHORIZE THE 3 ACQUISITION OF PROPERTY IN FEE SIMPLE FOR 4 RIGHT-OF-WAY FOR WITCHDUCK ROAD—PHASE 5 II PROJECT, CIP 2-025,AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council approves the major design features and authorizes 19 the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., 20 Sections 33.2-1007, et seq., and Title 25.1 of the Code of Virginia of 1950,as amended,of 21 all that certain real property in fee simple, including temporary and permanent easements 22 and entire tracts upon which such rights-of-way or easements shall be located, within the 23 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 24 amended (the"Property"), as shown on the plans entitled"WITCHDUCK ROAD-6 LANES 25 CIP NO. 2-025," (the"Project") and more specifically described on the acquisition plats for 26 the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file 27 in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2015. CA13197 PREPARED: 1/23/2015 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d026\p018\00180400.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 614'IV ell PUBLIC ORKS/REAL ESTATE CI TO E l �� � \ ,-- \ ,07-_-_--__i" "%' ' +� N cWo.� \ t. U tNi ETs� AL ' N r J � � ` W 00 � Co Y S jiim--=��-anl8 H�b'38 b'INIJ�IIn,__r �✓ CO �;i_—____________________ azN J YQ W N o Y0� r 0.• V , Vp § U__ 'Ft0v ` 2 a„.\...c Nc ? `� RSG - — Q 0 oz c9 Q 0 CI u rLU Et 0 kr --'--:- i_._ 22 , i \/2Q- GLEJ �Pwn 11N, 1 a� I 22, L'o o J ��-JO .„--- x Ill N�RN 1— _ Q 40010. —- Z jllll za 11111 :11 . —"'/ s 1001400, /- Jck,NGS .1 fil \ \ -- _ _41411111111111'-- 6. A,, „,,- --- OOd Lill - _= ✓ CI _i ✓; ani 30N30 3d3aNl J` t,— \ / I rQ� 4%. o CO Ri /' J • °� n \ ` `1 , /1/ a> w 0. a W co z ��� ” d�i >, 0 0 1 p 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City Property Known as Lake Wesley, Located to the Rear of 492 Southside Road, by Richard H. Doummar MEETING DATE: February 17, 2015 ■ Background: Richard Doummar (the "Applicant") has requested permission to remove, reconstruct and maintain a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl bulkhead, into a portion of City's property known as Lake Wesley located at the rear of 492 Southside Road. There are similar encroachments in Lake Wesley, which is where the Applicant has requested permission 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 accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments into 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 5' wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments and make a $423.75 payment to the Department of Planning as compensation for the typically required 15' wide riparian buffer area that cannot be established on the property due to site constraints. The applicant has submitted a plan for establishing the aforementioned 5' wide 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�rj cit P City Manage • 7tiT1/1.. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 28th day of January, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD H. DOUMMAR, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT B7 (ALSO KNOWN AS LOT B7 IN BLOCK B)"; as shown on that certain plat entitled: "RUDEE HEIGHTS LOCATED AT RUDEE INLET, VIRGINIA BEACH PRINCESS ANNE CO., VIRGINIA," Scale 1"=100', dated January 1926, prepared by S.W. Armistead, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 169, and being further designated, known, and described as 492 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove and reconstruct and maintain a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl bulkhead (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley the "Encroachment Area"; and GPIN: 2427-20-7891 (City Property) Adjacent to: 2427-20-1201 (492 Southside Road) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, FLOATING WOOD DOCK, BOAT LIFTS & VINYL BULKHEAD IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427- 20-7891 (M.B. 26 P. 57) FOR LOT B7, RUDEE HEIGHTS, M.B. 7 P 169 VIRGINIA BEACH, VIRGINIA," Scale 1"=30', dated November 24, 2014 and revised December 18, 2014, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 5 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 3 It is further expressly understood and agreed that the Grantee shall make a $423.75 payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, RICHARD H. DOUMMAR, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 w By RICHARD H. DOUMMAR, Owner STATE OF CITY/COUNTY OFY(.A Atka EVC(kto-wit: The foregoing instrument was acknowledged before me this ) ilj day of , 2015, by RICHARD H. DOUMMAR. ADi . Notary'ublic Rti,„,„ s,,...errs,,,, y `,A„”11..1 Notary Registration Number:\.'C �`/ a ' V My Commission Expires: 3 J APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM fA/'/; c A rr- DANA . HARMEYER, ASSOCIATE CITY ATTORNEY a/a/a0/ DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 7 1. 12' X 12' LAKE WESLEY •� 42.0, A BOAT LIFT M.B. 26 P. 57) a ,! 8 WIDE WOOD GPIN: 2427-20-7891 FLOATING DOCK 12' X 12' VINYL BULKHEAD N BOAT LIFT ALUMINUM RAMP S 3417'50" E 84.75' WOOD DOCK ' 4' X 18' RIP RAP OF OTHERS 8' WIDE WOOD OF OTHERS (UNDER CONSTRUCTION) FIXED PIER a • 0 .'c'CONCRETE .-` OF OTHERS mil OF(P RAP OTHERS' i'` ---,Wimp *�. * �� -�� ' ��\`\ \\ PROPERTY LINE = CENTERLINE NOTE: \ * \`�,j�I I4Iaia\ \ 10' UTILITY & DRAINAGE IMPROVEMENTS SHOWN °°v��`"\ ��:•• \'`�\'\ EASEMENT SEAWARD OF, AND \ Woo° 1199\k t. �� M.B. 97 P. 138 INCLUDING THE 5' RIPARIAN \ ///'A os` �EC`� *.d \ 5' BULKHEAD ARE BUFFER \\ ` Woo°°� ` *.b-4 . `\\WOOD PROPOSED. 8,\\ lice � � •• ,,,\,, F1ENCE15" CMP WOOD\ `o� ��:►��� ;��44\! \s LOT B6 FENCE \\ V.:'et; \\� M.D. 7 P. 169 \\ •����t \O. \ 2 STORY ���tk ,` \\o; \ FRAME RESIDENCE • ,' . \r^ �I'LTH op 'I. i�4' \ �II•pI•,/•I�I•I.II•.I•I•Ia,�t a O "1146:0 LOT B8 \\ •4•/•••/•,-/ i• \\ I�I%I� D R UTLER � M.B. 7 P. 169 \\ �,•�/�/II�/jam,/j�//j��"4/0.'/I4I�aa,.r' \ U � No. \ :4 •Iyy• ♦ Imp ,• \ INN I • '' 38395 \ j������I���I�,�•� ,4•�I�,Ij%e`\ \ 0 4, \� .dzI,,v� �I��.I•I�I�I�M \ v \o :I�,I�bI�f�,I� PAVER•I���,I�,I�I��v \ 1�24- \o '41044I4I�.I�� iRIVE WAY 114 •I�,Iya \ F 1 • I�I���Iis�� �I ,40/ I�IM SS/ONAL \\ ,�,I•I biiki•���.II�,,I��I�,I%//•,�/�,II�'/I�,�4 5' UTILITY & DRAINAGE \ VA/•II•IIS•I/�,,I•IA/P/W•I/�,,I4,I. \ \\ EASEMENT \ . 3I.I./.�.I�`,I',,/W w``I.II;�I:1i`./I`/44 \\ I�,I iti•/•I•I•ILIISII�II•�I•I•ItI ttt; M.B. 97 P. 138 \\ ',WII•I�,At`i•I.i.I�V�IA4P4W> , \ \\ 141,.•/•,044,14914•••/%4•0.71404 I,IjIIAfMtft , • I \, EXHIBIT A • �_�,:�I.'I''���� . ENCROACHMENT PLAT SHOWING PROPOSED COLUMNS WOOD PIER, ALUMINUM RAMP, FLOATING AND WALL N 40'26'00" E 88.00' COLUMNS WOOD DOCK, BOAT LIFTS de VINYL BULKEAD SOMME ROAD (b0' R AND WALL IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427-20-7891 RIPARIAN BUFFER PLANT LIST (M.B. 26 P. 57) COMMON NAME BOTANICAL NAME SPACING SIZE SYMBOL TOTAL FOR INKBERRY ILEX GLABRA 'SHAMROCK' 10' 18" 0 8 LOT B7, RUPEE HEIGHTS, M.B. 7 P. 169 VIRGINIA BEACH, VIRGINIA CREEPING JUNIPER JUNIPERUS HORIZONTALIS 10' 1 GAL © 7 SCALE: 1" = 30' NOVEMBER 24, 2014 DECEMBER 18, 2014 REV. GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 G:\14-80 jpo.dwg (757)428-8132 G:\14-80 Jpa.dwg,1/27/2015 4:15:20 PM,1:30,DB 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN 6 AS LAKE WESLEY, LOCATED TO THE 7 REAR OF 492 SOUTHSIDE ROAD, BY 8 RICHARD H. DOUMMAR 9 10 WHEREAS, Richard H. Doummar(the "Applicant") desires to construct and 11 maintain a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl bulkhead on 12 City property known as Lake Wesley (GPIN: 2427-20-7891) located at the rear of 492 13 Southside Road (GPIN: 2427-20-1201). 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard H. Doummar, his heirs, 24 assigns and successors in title are authorized to construct and maintain a temporary 25 encroachment for a wood pier, aluminum ramp, floating wood dock, boat lifts and vinyl 26 bulkhead in the City's property as shown on the map entitled: "EXHIBIT A 27 ENCROACHMENT PLAT SHOWING PROPOSED WOOD PIER, ALUMINUM RAMP, 28 FLOATING WOOD DOCK, BOAT LIFTS & VINYL BULKHEAD IN LAKE WESLEY, 29 PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427-20-7891 (M.B. 26 P. 57) FOR 30 LOT B7, RUDEE HEIGHTS, M.B. 7 P. 169 VIRGINIA BEACH, VIRGINIA," Scale 1"=30', 31 dated November 24, 2014, revised December 18, 2014, a copy of which is attached hereto 32 as Exhibit A, and on file in the Department of Public Works and to which reference is made 33 for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and the Applicant, (the "Agreement") an unexecuted 38 copy of which has been presented to the Council in its agenda, and subsequent to 39 execution will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicant and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2015. 51 CA13179 R-1 PREPARED: 2/2/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d016\p019\00178607.doc A' ' = !VED AS TQC• TENT: APPROVED AS TO LEGAL ) , < —Stif IEN o AND FORM: {� LIC •R S, R AL ESTATE or) - *RNEY 2 II`� 12' X 12' LAKE WESLEY ••_ 42.0' oI4 BOAT LIFT ri/r �i (M.B. 26 P. 57) w 8' WIDE WOOD GPIN: 2427-20-7891 �� FLOATING DOCK 12' X 12' VINYL BULKHEAD ei ,, BOAT LIFT ALUMINUM RAMPS 34'17'50" E 84.75' in WOOD DOCK ". 8' WIDE WOOD, 4' X 18 RIP RAP OF OTHERS s OF OTHERS (UNDER CONSTRUCTION) FIXED PIER a .� o, CONCRETE * * Ifig* •�\OF OTHERS - RIP RAP * *�* `* ,\\ \ PROPERTY LINE - CENTERLINE OF OTHERS':,,;: © © + - vvh44 NOTE: i9 '��- �1pI���♦'j♦7` \ 10' UTILITY & DRAINAGE IMPROVEMENTS SHOWN o°�� o�o\k ``\``� `;: �' EASEMENT SEAWARD OF, AND \ ' wood oo`; \ M.B. 97 P. 138 INCLUDING THE 5' RIPARIAN \ • ///// _,�` pF�� ` �\ 5' BULKHEAD ARE BUFFER \\ w000 ''.,` \wooD • ENCE PROPOSED. 8,\ woop L j;;� 15" CMP wooD\ o�o\k � bNi. \s LOT B6 FENCE \\ ` �IPk,` \ M.B. 7 P. 169 J' \ 2 STORY Olh, \o \ FRAME RESIDENCE O is1i \ 00 \ #492 v111, \ 10 o, \ 1ALTH 0�, \ �' ,L�,,i. ;\ p \ fel4♦ti�I��li�♦��♦♦�j�I♦1♦IIvik41 o \ �I♦I♦I♦I♦I♦I♦♦Ij♦♦Ir♦IIS \ 4♦hI♦I♦I♦I♦I♦I♦ ♦ I441t1,, \\ -4' 1, LOT B8 \ ��♦Ij♦♦II.►�II♦♦II♦♦II♦♦II♦,;l♦II v.,,.;,„, \ DIV UTLER ''' M.B. 7 P. 169 \ :• �'I♦I♦I♦1 I♦I♦♦�♦♦I♦♦I�.1 \ \ r♦ ♦Ij♦♦Ij♦♦II♦♦I♦•♦IjM♦II♦� v � N o. \ t♦I I♦I♦I♦4..."14Ij 44, • \ 38395 \ %♦IZ♦II♦♦II''♦II♦♦II♦♦I♦♦I♦ ♦4i►S \ \o �-I�♦II♦♦I♦♦I♦ ♦ ♦I♦II♦II'` I♦I�� \ . tt- <, \o :hII♦�hI Ata I? PAVER♦♦II♦♦♦♦ZII♦I4i',,,, \ F 11 2 � \o ''�iI♦♦Ij♦♦I"II�II47I DRIVEWAY♦II tfror ♦II'Sillek \ SS 42\ \ �♦I♦I♦I♦I♦I♦I♦I♦I♦♦I♦I♦♦I r,%,I♦♦II; CONAL E \ fIIS'♦II♦♦"4414141.4I♦I♦II♦♦II♦♦II ♦I♦I♦IM \ 5' UTILITY & DRAINAGE \ 4,941,4•14.14.1"011•44.”,II IVI♦♦I♦Iv ♦ ♦ I I♦Ic \ �'\ I ♦lp., ♦I♦I♦I♦I A II••I♦I♦ . EASEMENT \ ` IZII♦♦Ij♦♦Ij♦♦yi♦♦Ii`.I`.I♦♦hIj♦I hII♦I♦II•.'\ �ZI♦I♦I♦ ♦ ♦ ♦I I I♦I♦♦II'�♦�I♦♦ ♦I♦♦44 \\,\ M.B. 97 P. 138 \ 'I♦♦II♦♦I.744II�III♦III�II♦�II♦♦II♦♦I♦I eeit4�I. \ 'II♦♦I♦II♦♦I♦♦I♦♦I♦♦VASA♦II� I♦I♦ I \ EXHIBIT A \ "rt NOWIWA1�AIj�IMY 1St I ��'�I♦I♦ ♦la��. ,� • �I♦I• �� .. ENCROACHMENT PLAT SHOWING PROPOSED COLUMNS WOOD PIER, ALUMINUM RAMP, FLOATING AND WALL N 40°26'00" E 88.00' COLUMNS WOOD DOCK, BOAT LIFTS & VINYL BULKEAD SOUTHSIDE ROAD (50' R/W)AND WALL IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH, GPIN: 2427-20-7891 RIPARIAN BUFFER PLANT LIST (M.B. 26 P. 57) COMMON NAME BOTANICAL NAME SPACING SIZE SYMBOL TOTAL FOR INKBERRY ILEX GLABRA 'SHAMROCK' 10' 18" ED 8 LOT B7, RUDEE HEIGHTS, M.B. 7 P. 169 VIRGINIA BEACH, VIRGINIA CREEPING JUNIPER JUNIPERUS HORIZONTALIS 10' 1 GAL © 7 SCALE: 1" = 30' NOVEMBER 24, 2014 DECEMBER 18, 2014 REV. GALLUP I SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 G:\14-80 jpa.dwg (757)428-8132 G:\14-80 jpa.dwg,1/27/2015 4:15:20 PM,1:30,DB E 1 F xN o ,�`. u)a N - �y W 2 Q LL O n u Dga,- o ry QOmOO W r N m 2 O W O F = Z Z±-(1 OW = N 00 0 ° > aSQxN L c'4f O a S O Z o t CD :, JDUEna ' E +..,,. rFY- ,xONi0 NU UIXa 0 Z 3 `.:-Z " O Q 0 I o� b C C4 E a c`";0 `^.�` x U Q • p * i D Vrib.:0,. . /(740p , , elsi Cr 4T, w 2U I to- 1:40,y, w ca ` fl.›, W O of 4 a y u^ /N) 1 W Cr 4 O vi ' 4 10'• wativi,_ .... 0 ,. { imia mow 1- R2 p1 . . cotr - E3 O p tilrislig UM 0- I 1111111MNIMI 4-;WINN w , ,i.. 4 .., a fo um. 52 O M Ce 1111111.11104110 111111 .5 C4 01 O t/f ill u N W Tr lin -, . - . . ,. , t. wilt .. -3*.:- , .....•-..--- ,, , . -.-.1; ..„ mu ! - - .., -!„ a/I ...: ,...... .. , , .- ., I . . . . .. . .,. co II a t: - WSW iiii •_... . .., _ o 4 C ca U Q ... ' ..- i- r22G22,....2 _, Q C p_ :: 11E _ 3 wCW - _ 1..E_ F= E Y ',-.: lli-' C 'a. ■. — :i 1 • -- :E:. . E H t 1.=: ■ 111 I/ G __� V N . .__r.- *1001•0911111111 M 1 IIIMINUM 4)■__1111•11111111111 14- 'il U w iiIIIIMitea I, _ _, i , . CD E 0 ,- Y � • °� c CD I 4J a I F . CI, 4 w C ►, vii 13 -C U 3 fa 0 .. ., Via; •�,,t���., F u N ._ , SII I.„ d, i i , s , E # , E z o 1-_ 0 Ali i fp 4 V : a- ii[ s /'''''''-r--,.!--;,....Alf I . . 4 i :7 . . 4,,,.. 3 ` , ._ w 0 CC C ; _ = 4J L..1.1O 13 S fa O cn a1 c.0 N YW d' 11„ „, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize temporary encroachments into a portion of City property known as Lake Joyce located at the rear of 4320 Ben Gunn Road MEETING DATE: February 17, 2015 • Background: John C. Fristachi and Betsy L. Fristachi (the "Fristachis") have requested permission to remove an existing pier and stairway, and to construct and maintain a proposed pier, stairway and riprap revetment, upon the City's property known as Lake Joyce located at the rear of 4320 Ben Gunn Road. During review of this encroachment application, two structures were identified in the side-yard setback. The setback matters have been reported to Zoning Enforcement for resolution. • 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 setback issue discussed above, the Agreement provides that the permission granted therein does not extend to any accessory structures shown on the Agreement's exhibit. Also, the Agreement provides that the owner would need to procure any other permits required by law. There are similar encroachments in Lake Joyce, which is where the Fristachis have requested to encroach. 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 Fristachis' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The Fristachis have submitted a plan for establishing a 15-foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda C1t7 11, • 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 ,\O � D City Manager , -C1 , t� PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this Z day of rfr:piic'teegi , 201 C, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and John C. FRISTACHI and Betsy L. FRISTACHI, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as " Section One (1), Lot Thirty-five (35), Block One (1)"; as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES, PRINCESS ANNE CO., VA.," prepared by Frank D. Tarrel Jr., and Associates, dated February 1954, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4320 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove existing pier and stairway and to construct and maintain proposed pier, stairway and riprap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and (CITY PROPERTY— GPIN: 1570-80-2438) GPIN: 1479-89-5610; (4320 Ben Gunn Road) 11 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 11 Ili that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the side-yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 11, It is further expressly understood and agreed that the Grantee shall establish and maintain caliper or evergreen trees and small shrubs or woody ground cover (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the northern property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 11 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John C. Fristachi and Betsy L. Fristachi, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to 5 I II be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 1 I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 111, Bys(P - Joh C. Fristachi, Owner By AP' ' eta i Fristachi, Owner STATE OF CITY/COUNTY OF Viefrfaurn- 6/31 /1 , to-wit: The foregoing instrument was acknowledged before me this Z day of 66"1 c , 201 by John C. Fristachi. G�I (SEAL) Notary P lic - `° C' 411,,, `414 ',), 1,40_ . P -Tl" Notary Registration Number: —I I aOaa 3 - * • My Commission Expires: x/30/ t ' �8:' � C` } vvi A , 3 e`er ��'I/��JffiFYk hi'i1�111.°NON1' STATE OF CITY/COUNTY OF V1(4.61 WA 1 €A4- , to-wit: The foregoing instrument was acknowledged before me this a nw day of C-e.,6,^1/4.)4.1,3 , 2015- , by Betsy L. Fristachi. 0-111Ati @/ QkA? (SEAL) Notary Publi , tii, tie4l►iyb��s� Notary Registration Number: 1 l ao aa3 1: �'` �,Q`A�•,, ' ' e , My Commission Expires: G1/3&J, c 0 I I I Ili APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 1 i L t _ .I SIGNATU-' I ' 'A R. • -MEYER, ASSOCIATE CITY ATTORNEY ���/bic DATE ` J PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 9 I II LAKE JOYCE PROPERTY OF VA BEACH CITY \_159'TO FAR SIDE OF COVE EXISTING PIER 8 STAIRWAY TO BE REMOVED 10' 0' 10' 20' 30 SCALE:1'=40' 21' 0' PROPOSED PIER 8 STAIRWAY X SHORELINE NORMAL WATER LEVEL PROPOSED J'/ OF OTHERS 30'CONTINUE j* RIPRAPREVETMENT At t/�,�''�`%///%//� ii i/.f 62' PLANT BUFFER VEGETATIONAik BUFFER REQUIREMENTS BETWEEN RIPRAP AND 15'UNE . �� 25 25 STRIP "REr.cST INSTALLATION VARUINCE E PROPERTY OF `, SHORELINE DUE TO EXISTING 1664 SF VEGETATED BUFFER. VA BEACH CITY OF OTHERS CONTINUE 2158 SF OF BUFFER RESTORATION RESULTS FROM A 15'WIDE STRIP. 15'BUFFER LINE THE VDCR GUIDANCE MANUAL REQUIREMENT PER APPENDIX D, EXST LAWN UNE TABLE k (6)CANOPY TREES PROPERTY LINE 106.6'S 68°1816"E @1.5'-2'CALIPER OR LARGE EVERGREEN(6' .11117PROPERTY ® TIE LINE (12)UNDERSTORY TREES 4 @3/4"-1.5'CALIPER OR EVERGREEN @4' 4. (18)SMALL SHRUBS OR WOODY GROUND COVER L X15"-18' 4 BAYLAKE PINES SEC 1 LOT 34 BLK 1 PROPERTY LINE N/F MEADE FOWLKES 4324 BEN GUNN RD °GPW81479894623pryBOOK:3371 PAGE:1549 cF�yMB 31 PG 53 BAYLAKE PINES SEC 1 LOT\ Nff JOHN 8 BETTY FRISTA4320 BEN GUNN RD GPIN 81479895610 `49TO& DOC*200409010139109 `9 MB 31 PG 53 '6'w•N� va,TH OFL [.A,�`'V C 1 LOT 36 BK 1 0^ 'L,.OQ�e'�/k �G1/'/� CH `� J /"` `Z/O o DAVID KLEDZIK GPIN 81479 89 6505 V DB 1701 DP784 Uc. No.034674 M8 31 PG 53 16 6/12/2014 S'ONAL SCs EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT 212MARINE DOUGHERTYENGINEERING CT JOHN FRISTACHI OF VIRGINIA BEACH, VA 23455 4320 BEN GUNN ROAD ROAD RIPRAP & PIER ACCESS VIRGINIA BEACH, VA 23451 IN SHEET 1 OF 1 LAKE JOYCE DATE: JUNE 12, 2014 I '. ! %i w { r g • 8; a 4 r ' ,. � ' ' . ,i , H.-4 7:1 il.,,,K. ir--.11,, -. - - co in r 'L IIIIEMY1 ca ��� " � y�£# �, • a .� - sL ,; fitl# f. : 1 a L ,,,,v,,,r. ...,(1,,.. .). • , - 5 1.. ,,, w LA W CC 3 E W co co L. � tri � U H g. v7 v W a' ❑ LLo 1 a a J O C o i Q ce 2, co Z a i0 ZZHZ coo W D . O2_pZv o i •� Q Z W O Q a m� O t U a ' _ Jcc NC9 (0 — U=a o I . Z ZI; W0 s •� d u, Mco o o r LL X L e- U z •_ o 0 iNt. '",.., . * Q J I H aJ -0 CD ce gil CL F4-J c A C 3 E E w g S a o mal S u W C\ r COCO Od Orb.9,-5,0 �v�� a v 'a 0 J"�s z� V N W Cr 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE, LOCATED AT THE REAR OF 8 4320 BEN GUNN ROAD 9 10 WHEREAS, John C. Fristachi and Betsy L. Fristachi (the"Fristachis")desire 11 to remove an existing pier and stairway, and to construct and maintain a proposed pier, 12 stairway and riprap revetment upon the City's property located behind 4320 Ben Gunn 13 Road and known as Lake Joyce. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John C. Fristachi and Betsy L. 24 Fristachi, their heirs, assigns and successors in title are authorized to construct and 25 maintain a temporary encroachment for a proposed pier, stairway and riprap revetment in 26 the City's property as shown on the map entitled: "EXHIBIT A PROPOSED 27 ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE," a copy of which is 28 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 29 reference is made for a more particular description; 30 31 BE IT FURTHER ORDAINED, that the temporary encroachments are 32 expressly subject to those terms, conditions and criteria contained in the Agreement 33 between the City of Virginia Beach and the Fristachis (the "Agreement"), an unexecuted 34 copy of which has been presented to the Council in its agenda, and will be recorded among 35 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 36 37 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 38 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 39 other approval of any feature displayed on the Agreement's Exhibit; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 c.� 1 1 111, 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 44 until such time as John C. Fristachi, Betsy L. Fristachi and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2015. CA13087 R-1 PREPARED: 2/2/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d016\p019\00161610.doc AP' dr,OVED A S To - o ► TENT: APPROVED AS TO LEGAL / d FICI AND FORM: ��' ii PUBLI t WORKS, REAL ESTATE CI Y A ' ea Y 2 Nh LAKE JOYCE PROPERTY OF VA BEACH CITY 159'TO FAR SIDE OF COVE EXISTING PIER&STAIRWAY TO BE REMOVED 10' 0' 10' 20' 30' SCALE:r=40' 2r ta" 20' PROPOSED PIER d STAIRWAY /� SHORELINENORMAL WATER LEVEL is0".if- ✓`/ OF OTHERS PROPOSED CONTINUE RIPRAP REVETMENT40Or .. 211 sr PLANT BUFFER VEGETATION A �`/ BUFFER REQUIREMENTS � �I BETWEEN RIPRAP AND 15'LINE � 25' 25'STRIP \ •k • "REWEST INSTALLATION VARANCE • PROPERTY OF SHORELINE DUE TO EXISTING 1664 SF VEGETATED BUFFER. E VA BEACH CITY OF OTHERS CONTINUE 2158 SF OF BUFFER RESTORATION RESULTS FROM A 15'WIDE STRIP. 15 BUFFER LINE THE VDCR GUIDANCE MANUAL REQUIREMENT PER APPENDIX D, TPFXST LAWN UNE TABLE k (6)CANOPY TREES PROPERTY LINE @1.5'-2'CALIPER 106.6'S 68°18'16°E OR LARGE EVERGREEN @6' ® TIE LINE (12)UNDERSTORY TREES @3/4'-1.5'CALIPER OR EVERGREEN @4' e 4, (18)SMALL SHRUBS OR WOODY GROUND COVER 4' @15'-18' ?P ,3d5 #4320 BAYLAKE PINES SEC 1 LOT 34 BLK 1SPROPERTY LINE N/F MEADE FOWLKES . � 4324 BEN GUNN RD GPIN#1479894623 ♦ry BOOK:3371 PAGE:1549 4�' MB 31 PG 53 iP' BAYLAKE PINES SEC 1 LOT 35 BK N/F JOHN&BETTY FRISTACHI \ 4320 BEN GUNN RD GPIN 41479895610 qlol0^ DOC4 200409010139109 Q(9 MB 31 PG 53 Ra l��'ti p,LTH OF t91. V BAYLAKE PINES SEC 1 LOT 36 BK 1 Q. O Y G/14 #9Q RIF MARION SCHROCH ,lr `� 4320 BEN GUNN RD J� GPIN 4 1479 89 6505 0 DAVID KL.EDZaC y DB 1701 DP784 0 Lk. No.034874 M8 31 PG 53 0 6/12/2014 442 CONAL PREPARD BY: APPLICATION FOR ENCROACHMENT BY: EXHIBIT A MARINE EENGINEERING PROPOSED ENCROACHMENT 212 DOUGHERTY CT JOHN FRISTACHI OF VIRGINIA BEACH, VA 23455 4320 VIRGINIA EBEACHGUNN VA02345AD 0AD RIPRAP & PIER ACCESS SHEET 1 OF 1 ILAKE JOYCE DATE: JUNE 12, 2014 1 I �µ 1I ,g-y,, f;t 1;; x ', 4�cN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 17, 2015 • Background: In 2014, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $286,983.46, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013 and March 11, 2014. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. • Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of$286,983.46. • Public Information: No special advertising is required. • Recommendations: Adoption of Resolution • Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Department City Manage . 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; 14 15 WHEREAS, since its inception of the ARP, approximately 9,223.61 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; 18 19 WHEREAS, the General Assembly, by Chapter 2 of the 2014 Special Session 20 Acts of Assembly, has appropriated $1,000,000 to the Virginia Department of Agriculture 21 and Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City will incur 31 in the course of purchasing ARP easements; 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $286,983.46, for a period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2014 (the 41 "Agreement"), is on file in the City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 1 ,1 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement between the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2014, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of , 2015. Approved as to Content: Approved as to Legal Sufficiency: de/AA)))/) Dept. of Agriculture City Attorney ,64?itaAl CA13199 R-1 February 2, 2015 2 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of$1,035,145.87 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11 - 54,247.37 1/24/12 - 110,952.46 1/22/13 - 160,715.64 3/11/14 - 149,678.46 The City is now eligible to receive an additional $286,983.46 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $286,983.46 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. • Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2014 through December 31, 2016). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 C ,.,--- ,. 8:*` E4cy1. � z itS sii ' }4ti VvJ i CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Appropriate Funds and to Amend the Scope of CIP # 7-200, "Severe Repetitive Loss Grant Program" MEETING DATE: February 17, 2015 • Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Severe Repetitive Loss Program to implement mitigation measures at qualifying residential properties to reduce the likelihood of future flooding damage. This program requires the City to be the fiscal agent and project manager for the mitigation work in Virginia Beach. These funds will enable the elevation of residential properties which have sustained severe repetitive damage due to severe flooding. The individual property owners are required to meet grant requirements. On February 28, 2012 Council accepted and appropriated funds in the amount of $1,721,265, of which $1,549,138 is provided in federal funding and the remaining $172,127 is to come from homeowner contribution to CIP # 7-200. As described in the 2012 Agenda Item, the homeowner's portion (roughly 10%) was potentially eligible for federal funding through the Increased Cost of Compliance (ICC) Program, which is part of the National Flood Insurance Program. Additionally, the homeowners were responsible for cost overages and non-reimbursable improvements. The amount of ICC reimbursement, if any, is not known until the elevation project has been completed. To account for the lag between the execution of the contract for elevation and ICC reimbursement, the City had the individual homeowners sign commitments noting their responsibility for non-FEMA amounts but delaying payment until such time as would allow submission of an ICC reimbursement claim. The 2012 authorization had a scope of work that included nine homes. Subsequent to that acceptance, one of the nine homes included in that project voluntarily withdrew from the program causing FEMA to reduce the grant by the $42,608 dedicated to that home. In addition, construction bids for the elevation exceeded grant estimates causing the homeowner contribution to increase in order to proceed with the project. This item is related to another item on the Council's agenda, FEMA Flood Mitigation Assistance. While both programs provide federal funds for housing elevation, the Severe Repetitive Loss iteration puts a greater portion of the cost burden upon homeowners than the later version. • Considerations: The attached ordinance modifies CIP # 7-200 scope of work to provide the elevation of eight homes instead of the original nine. The FEMA grant amount is reduced to account for the house that voluntarily withdrew. Also, the total project cost is increased to $1,847,009, of which $1,506,530 is provided through the Severe Repetitive Loss Grant Program Federal Revenue and the homeowner contribution is increased by $168,352 for a total of $340,479 in homeowner contributions. • Public Information Public information will be distributed through the normal Council Agenda process. • Recommendations: Amend the total amount of CIP #7-200 to $1,847,009 and appropriate an additional $168,352 in revenue from the homeowner contribution. • Attachments: Ordinance; February 2012 Agenda Item and Ordinance, FEMA Re-scope of work letter. Recommended Action: Approval Submitting Department/Agency: Public Works P City Manager: k, _ 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 AMEND THE SCOPE OF CIP #7-200, "SEVERE 3 REPETITIVE LOSS GRANT PROGRAM" 4 5 WHEREAS, a home within the established scope of work voluntarily withdrew 6 requiring a re-scope by the Federal Emergency Management Agency (FEMA); and 7 8 WHEREAS, the result of the approved FEMA re-scope reduced the number of 9 participants and amount of federal revenue support for the project; and 10 11 WHEREAS, construction bids to elevate homes exceeded grant estimates. 12 13 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That the scope and appropriations for CIP# 7-200 Severe Repetitive Loss Grant 17 Program is hereby modified by the amounts and purposes set forth below: 18 19 1. The scope of work is reduced from nine to eight homes. 20 21 2. That the appropriation of federal revenue supporting the program is hereby 22 reduced by $42,608. 23 24 3. That appropriation of homeowner contributions to the program is hereby 25 increased by $168,352 to mitigate the increased construction cost. 26 27 4. To protect the taxpayers, the City Manager or designee is authorized to 28 continue its practice of requiring voluntary repayment commitments or notes 29 from participating homeowners for homeowner contributions, provided such 30 commitments require repayment within five years. 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: 0/1-,L)Q .-60?.Y2 B get and Management Ser icesmoney's Office CA13269 R-1 February 4, 2015 U.S.Department of homeland Security Relzion III 0r_fpertden...._z.11,6th.Floor 6:.5(Thostme Street Phi a`=r,5ia.PA 19106-4404 ,>E MAY 0 8 2014 '"' FEMA Mr. Brett A.Burdick Acting State Coordinator Virginia Department of Emergency Management 10501 Trade Court Richmond,Virginia 23236-3713 Budget Re-Scope of Work Request Approval Award Number:EMP-2011-SR-0002 Sub-Grant Number: SRL-PJ-03-VA-2009-004 Project Title: Virginia Beach SRL Elevation Project Dear Mr.Burdick: We received your letter dated January 21,2014,requesting a re-scope for the Severe Repetitive Loss(SRL)project listed above. The original project proposed to elevate 9 residences in the City of Virginia Beach. Currently the total award approved for this project is$1,721,265.00 with$1.549,138.50 federal cost share and$172.126.50 non-federal cost share.In our letter,dated March 26,2014,we notified you that we could not process your request since the withdrawal of the property located at 3368 Woodburne Drive,Virginia Beach.VA may affect the cost- effectiveness of the entire project. In order to make a determination we requested a detailed and itemized budget for the remaining properties and additional information to confirm project effectiveness. You responded to our request for additional information in your letter dated April 9,2014.After our review of the submitted documentation,your re-scope request is approved,and the new federal share amount is$1,506,530.00. This includes the$1,470,620.00 to elevate the remaining eight homes,plus the estimated Federal Share amount of 535.910.00 for the property that withdrew from the project. Administrative costs had to be adjusted for the withdrawn property. VDEM had requested $5,297.05 for administrative costs reimbursement. However,per the Hazard Mitigation Assistance(HMA)FY 2009 guidance E.6 Management Costs Funding Restrictions,a subgrantee can only be reimbursed up to 5%of the administrative cost,which is$1,900. The Federal Share originally obligated for this project was$1,549,138.50.The new Federal Share Eligible is 51,506.530.00. The amount to be de-obligated now is$42.608.50.The approved new budget is represented in the attached spreadsheet for your reference. Please adjust your records accordingly. eovw.lema.gov The progress report,federal financial report(SF 425).and anyiall other deliverables are due to our office 30 days after the end of each fiscal quarter. The next reporting due date is July 30, 2014. If you have any questions regarding this award,please contact Mark Lockett, at(215)931-5707 or mark.lockettrii fema.dhs.tov. 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E ;2 ',--, o --- - sa� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate the Severe Repetitive Loss Grant from the Federal Emergency Management Agency and to Establish CIP # 7-200, "Severe Repetitive Loss Grant Program" MEETING DATE: February 28, 2012 • Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Severe Repetitive Loss (SRL) Program to implement mitigation measures at qualifying residential properties to reduce the likelihood of future flooding damage. This program requires the City to be the fiscal agent and project manager for the mitigation work in Virginia Beach. These funds will enable the elevation of nine residential properties which have sustained repetitive damage due to severe flooding. The individual property owners are required to meet grant requirements. The City engaged in outreach to citizens after Tropical Depression Ida and a Nor'easter in November 2009 to identify potential properties which may qualify for the SRL program and owners willing to volunteer. The City evaluated 80 properties and identified the total of nine on which to build a competitive application based upon the greatest savings to the National Flood Insurance fund and resident voluntary participation. The following properties were included in the approved grant application: • 472 Goodspeed Road • 2512 Long Creek Drive • 484 Goodspeed Road • 3368 Woodburne Drive • 2917 Lynnhaven Drive • 2001 Cove Road • 2981 Lynnhaven Drive • 2605 Moss Road • 3003 Lynnhaven Drive The City has received notification that its application for these nine properties was approved. • Considerations: The grant amount is $1,721,265, with $1,549,138 provided in federal funding and the remaining $172,127 is the responsibility of the homeowners. Additionally, the City will be responsible for certain administrative expenses that cannot be tied to any of the above properties. Public Works has identified current funding ($25,000) to meet this requirement. The grant requires the City to be responsible for contracting, inspections, and administrative oversight. A new capital project is needed to account for the funding. Capital Improvement Project # 7-200 will be established as the "Severe Repetitive Loss Grant Program." The homeowners' portion of the match will likely qualify for other federal funding (the Increased Cost of Compliance Program), but the eligibility and availability of these funds II ' will not be determined until after the work is completed. The City has received signed agreements from each participant indicating that they understand that they may be required to provide matching funds. • Public Information: Public meetings have been held with the impacted communities to describe the SRL program as well as substantive public outreach to solicit interest. The public outreach included survey data collected to screen for propriety of the claims and for compliance with the SRL program in order to present a competitive grant application to the Virginia Department of Emergency Management and FEMA. City Council was provided a presentation on July 5, 2011 detailing the provisions of the SRL program. Public information will be distributed through the normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works AO City Manager: k , Z.J&• i I I I I II I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE 2 SEVERE REPETITIVE LOSS GRANT FROM THE 3 FEDERAL EMERGENCY MANAGEMENT AGENCY AND 4 TO ESTABLISH CIP # 7-200, "SEVERE REPETITIVE LOSS 5 GRANT PROGRAM" 6 7 BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. Capital Improvement Project # 7-200, "Severe Repetitive Loss Grant 11 Program," is hereby established in the FY 2011-12 Capital Budget; 12 13 2. $1,549,138 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to CIP # 7-200; 15 and 16 17 3. $172,127 is hereby accepted from or on behalf of property owners and 18 appropriated, with revenue from local sources increased accordingly, to CIP # 7-200 to 19 meet the match requirement; and 20 21 4. The City Manager is hereby authorized to execute a grant agreement on 22 behalf of the City or other necessary project agreements for the Severe Repetitive Loss 23 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of February 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )\ DA/ C,T> Air Management Services �ttorn= '' ice CA12185 CA12185 R-1 February 15, 2012 r - z-, 1 wz� ;z. IF' 5 - { i ,'',.::*t+.:::;.::'' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Establish CIP #7-032 "Flood Mitigation Assistance Grant Program," to Accept and Appropriate Funds to CIP #7-032 in Furtherance of the FEMA Flood Mitigation Assistance Program MEETING DATE: February 17, 2015 • Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Flood Mitigation Assistance Program (the "Program"). These federal funds are passed through the Virginia Department of Emergency Management. The Program provides a 100% federal reimbursement for certain elevation work upon qualifying residential properties to reduce the likelihood of future flooding damage. The Program is related to another item on Council's Agenda, Severe Repetitive Loss, but in this iteration, the FEMA cost share is 100% of the estimated costs. The Program requires the City to be the fiscal agent and project manager for the mitigation work in Virginia Beach. These grant funds will enable the elevation of eight residential properties which have sustained severe repetitive damage due to flooding. The individual property owners are required to meet grant requirements. The City engaged in outreach to citizens after Hurricane Irene in 2011, Tropical Storm Lee in 2011 and Hurricane Sandy in 2012 to identify potential properties that may qualify for flood mitigation programs. Participation is voluntary. The City evaluated 40 properties and identified eight upon which it believed would be most competitive for FEMA funding, using prior flood losses, depth in the floodplain, and FEMA cost benefit analysis. The following properties were included in the approved grant application: • 2757 Broad Bay Road • 2929 Lynnhaven Drive • 2721 Canal Road • 2977 Lynnhaven Drive • 2709 Canal Road • 2912 Lynnhaven Drive • 2724 Canal Road • 2708 Canal Road The City has received notification that its application for these eight properties was approved. • Considerations: The grant amount is $1,227,144. FEMA provides 100% of the budgeted funding for this project. The grant requires the City to be responsible for contracting, inspections, and administrative oversight. A new capital project is needed to account for the funding. CIP # 7-032 will be established as the "Flood Mitigation Assistance Grant Program." The grant agreement requires the City, as grant recipient, to be responsible for cost overruns. Should such overruns occur, the City would seek additional funding from FEMA. However, because there is no guarantee of supplemental grant funding and to protect the taxpayers generally, the attached ordinance directs the City Manager to seek commitments from the homeowners for any cost overruns. Such commitments are not prohibited by the grant agreement, and presumably, the increased value of an elevated home would exceed any contribution required of the homeowner. Much like the Severe Repetitive Loss program, a need for the City to appropriate increased homeowner contributions (currently, this amount is $0) would require a separate Council approval. • Public Information: Public information will be distributed through the normal Council Agenda process. Additionally, the City has participated in many meetings with the community discussing the Program. • Recommendations: Adopt the attached ordinance to establish CIP #7-032 and to accept and appropriate funds. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ti;.s; Dcar- City Manager: (L 7e83.0--sk 1 AN ORDINANCE TO ESTABLISH CIP #7-032, "FLOOD 2 MITIGATION ASSISTANCE GRANT PROGRAM," TO 3 ACCEPT AND APPROPRIATE FUNDS TO CIP #7-032 IN 4 FURTHERANCE OF THE FEMA FLOOD MITIGATION 5 ASSISTANCE PROGRAM 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 1. CIP 7-032 "Flood Mitigation Assistance Grant Program" is hereby 9 established in the FY 2014-15 Capital Budget; 10 11 2. $1,227,144 of federal reimbursable revenue is hereby accepted from the 12 Virginia Department of Emergency Management and appropriated, with estimated 13 federal revenue increased accordingly, to CIP #7-032 in furtherance of the FEMA Flood 14 Mitigation Assistance Program; 15 16 3. The City Manager or designee is hereby authorized to execute a grant 17 agreement on behalf of the City or other necessary project agreements for the Flood 18 Mitigation Assistance Program; and 19 20 4. To protect the taxpayers, the City Manager or designee shall seek 21 repayment commitments from participating homeowners for any costs that are not 22 otherwise reimbursed by FEMA and such commitments shall require repayment within 23 five years. 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: Budget and Management Services i • ey's Office CA13270 R-2 February 6, 2015 c r ,,..,BE4t-. +urea+ CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Appropriate Revenues to the Strategic Growth Area Office for the Parking Enterprise Fund MEETING DATE: February 17, 2015 • Background: The City's Parking Management Office recently rebid and awarded a new parking management contract to Republic Parking System to perform on- and off- street parking services at the Oceanfront. The new contract's structure is different than the old contract, but the net financial impact to the City will remain unchanged. Under the prior contract, the City received net revenue of approximately $1.7 million, and under the new contract, the City should receive a similar amount. The difference in the contract structures is that under the prior contract, the vendor remitted net revenue (gross revenue less its expenses) to the City, and under the new contract, the vendor will remit all revenue to the City, and the City will pay a portion of that revenue— approximately $700,000, based on actual expenditures—to the vendor for its services. This change in contract structure was not built into the FY2014-15 Operating Budget. • Considerations: The parking management contract accounting change will have a direct impact on the FY 2014-15 budget by increasing revenues and expenditures by $700,000 in the Parking Enterprise Fund from $3,519,925 to $4,219,925. Starting February 1, 2015, the City will receive 100% of the parking revenue from City-owned parking lots at the Oceanfront as well as the 9th and 31st Street garages, and therefore will have additional money coming into the fund compared with budgeted amounts. In order to pay the cost of the parking management contractor, the additional revenues of $700,000 need to be appropriated. • Public Information: Public information will be provided through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: SGA/Resort Management Office A r City Manager: k 1 AN ORDINANCE TO APPROPRIATE REVENUES TO THE 2 STRATEGIC GROWTH AREA OFFICE FOR THE PARKING 3 ENTERPRISE FUND 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $700,000 is hereby appropriated, with estimated parking fee revenues increased 9 accordingly, to the FY 2014-15 Operating Budget of the Strategic Growth Area Office 10 Parking Enterprise Fund for costs related to the parking management contract at the 11 Oceanfront. 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: r � Budget/n. Management Se ices one s Office CA13265 R-1 January 28, 2015 C y*NlA BEA7'1 gZJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate State Funding from the Virginia Department of Transportation for Roadway Maintenance MEETING DATE: February 17, 2015 • Background: The City of Virginia Beach receives funding from the Virginia Department of Transportation ("VDOT") annually for the maintenance of roads based on a distribution formula. This funding is estimated in the annual operating budget to support related activities. The FY 2014-15 estimate recently increased as a result of an adjustment to the VDOT Urban Maintenance funding formula. This action allows distribution of overweight permit fee revenue based upon eligible lane miles. The City's share of this supplemental payment is $9,445, to be distributed quarterly. Additionally, the revised VDOT reimbursement rates for FY2014-15 have increased the estimated mileage payments for local and collector streets by $677,629. • Considerations: The additional $687,074 in VDOT revenue will be put into the Public Works maintenance budget and could be used for resurfacing an additional 11.5 lane miles of arterial roadway. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Adopt the ordinance to estimate the additional reimbursement revenue from VDOT and appropriate the funding to the Public Works Department FY 2014-15 Operating Budget to complete additional maintenance and resurfacing activities. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works KBO City Manager. S ..,. ."kilsz 1 AN ORDINANCE TO APPROPRIATE STATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION FOR ROADWAY 4 MAINTENANCE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $687,074 is hereby appropriated, with estimated revenue from the Virginia 10 Department of Transportation increased accordingly, to the FY 14-15 Operating Budget 11 of the Department of Public Works for roadway maintenance. 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: , e3A,',A) , Budget and Management Service. CityAttt rney' Office CA13268 R-1 February 4, 2015 C ,c0-1 , •1 CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund to Continue a Current License for a Law Enforcement Web Application MEETING DATE: February 17, 2015 • Background: The Police Department requests the use of $106,000 from the fund balance of the Police State/Federal Seized Fund to continue a current license for a law enforcement web application that is used for investigative purposes. On November 12, 2013, City Council approved $159,000 for a three-year license for this product. The vendor would only bill for a one-year term, which was paid using the November 2013 appropriation. The authorization for the remaining two years lapsed to the Police State/Federal Seized Fund fund-balance at the close of Fiscal Year 2014. The Police Department requests that the remaining $106,000 be re-appropriated for continuation of the web application's license. The vendor has agreed to allow the Police Department to pay for the remaining two years under one invoice this fiscal year. The software that is the subject of this request provides public safety agencies with a records management system for pawn, precious metals, second-hand and junk-dealer records. The 98 businesses in Virginia Beach that meet these descriptions are required by code to report purchase transactions. This technology assists detectives that track pawn and second-hand transactions, which ultimately helps identify and recover property and potential suspects. • Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. According to the Department of Justice, these funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission and cannot be used to supplant local funding. • Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department)),�,,0...___ City Manager: 'S k . .ilq).71?-'1, 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND TO CONTINUE A CURRENT LICENSE 4 FOR A LAW ENFORCEMENT WEB APPLICATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $106,000 is hereby appropriated from the fund balance of the Federal/State 10 Seized Assets Special Revenue Fund, with specific fund reserve revenue increased 11 accordingly, to the FY 2014-15 Police Department Operating Budget for a software license 12 to a law enforcement web application. 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: 5 b l 3 •` J �� Budget and Management Se vices "i y Attor- -(s Office CA13267 R-1 February 3, 2015 J. PLANNING 1. Ordinance to AMEND Sections 111, 230, 901 and 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code re Craft Distilleries RECOMMENDATION APPROVAL 2. UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6—EACH a. Special Exception re Alternative Compliance to the Oceanfront Resort District Form- Based Code b. Request for Major Entertainment Venue Signs at 19th Street and Virginia Beach Boulevard RECOMMENDATION APPROVAL 3. CHESAPEAKE BAY DISTILLERY, LLC/HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 4. VIRGINIA BEACH DEVELOPMENT AUTHORITY re Modification of Proffers Nos One (1) and Two (2) (approved June 13,1998, and modified June 25, 1996) at General Booth Boulevaard and Corporate Landing Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. PEMBROKE SQUARE ASSOCIATES,LLC for a Conditional Use Permit (Indoor Commercial Recreation Facility-Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 6. Variance to Section 4.4(d) of the Subdivision Regulations: a. BH INVESTORS/ROBERT S. LINDSLEY,JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY, JR re subdivision of lots at 936 Lindsley Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION APPROVAL b. RICHARD S. and JUDY L. FOSTER, re subdivision of lots at 3344 Eagle Nest Point DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 7. NVR, INC/MUNDEN FARM, LLC re Modification of Proffer No. 3 (Approved March 26, 2006)at Munden Farms Lane and Munden Ridge Drive re lot size DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 8. MONARCH PROPERTIES, INC. for a Conditional Change of Zoning from R-5D Residential District to Conditional 0-1 Office District at South Rosemont Road re a medical office building DISTRICT 3 —ROSE HALL RECOMMENDATION APPROVAL 9. ALEXANDRIA PLACE, LLC c/o HAV for a Conditional Change of Zoning from Al2 Apartment to Conditional A-24 Apartment at 5700 Magnolia Chase Way re increased density DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, February 17, 2015 at 6:00 p.m., at which time the following applications will be heard: 1. BH INVESTORS (Applicant) / ROBERT S. LINDSLEY, JR., EX. OF THE ESTATE OF EDWIN B. LINDSLEY, JR. (Owner), Variance to the Subdivision Regulations. Variance is to Section 4.4(b), which requires lots to meet the requirements of the Zoning Ordinance (two of three proposed lots do not meet required lot width). 936 Lindsley Drive and between 937 and 945 Covey Street (GPIN 2408718599). COUNCIL DISTRICT— LYNNHAVEN. 2. NVR, INC. (Applicant) / MUNDEN FARM, LLC (Owner), Modification of Proffers of a Conditional Change of Zoning granted on 3/26/2006 and modified on 12/10/2013. East side of Munden Farms Lane & Munden Ridge Drive (GPIN 2414206542). Request is for adjustment of proffered yard setback requirement. COUNCIL DISTRICT — PRINCESS ANNE. 3. ALEXANDRIA PLACE, LLC c/o HAV (Applicant/Owner), Conditional Change of Zoning (A-12 Apartment to Conditional A-24 Apartment). 5700 Magnolia Chase Way (GPIN 1454883083). COUNCIL DISTRICT— CENTERVILLE. 4. MONARCH PROPERTIES, INC. (Applicant/Owner), Conditional Change of Zoning (R-5D Residential to Conditional 0-1 Office). East side of S. Rosemont Road, south of Chandler Creek Road (GPIN 1485923997). COUNCIL DISTRICT— ROSE HALL. 5. CITY OF VIRGINIA BEACH - An Ordinance to amend Sections 111, 230, 901, and 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code by defining the term "Craft Distillery" and Establishing Craft Distilleries as a conditional use in the B-2 Community Business District, the B-3 Central Business District, the B-4C Central Business Mixed Use District, the I-1 Light Industrial District, and the OR Oceanfront Resort District and setting forth required standards for such use and allowing Craft Breweries in the B-3 Central Business District, the B-4C Central Business Mixed Use District, the I-1 Light Industrial District, and the OR Oceanfront Resort District. 6. CHESAPEAKE BAY DISTILLERY, LLC (Applicant) / HOTLINE ENTERPRISES, LLC (Owner), Conditional Use Permit (Craft Distillery). 437 Virginia Beach Blvd (GPINs 2427065699; 2427065658). COUNCIL DISTRICT— BEACH. 7. PEMBROKE SQUARE ASSOCIATES, LLC (Applicant/Owner), Conditional Use Permit (Indoor Commercial Recreation Facility). 4554 Virginia Beach Blvd (GPIN 1477562034). COUNCIL DISTRICT — BAYSIDE. 8. RICHARD S. & JUDY L. FOSTER (Applicant/Owner), Variance to the Subdivision Regulations. Requested variance is to Section 4.4 (d), which requires a lot to have direct access to a public street. The variance will allow the creation of one additional lot. 3344 Eagle Nest Point (GPINs 1489901705 and 1489903824). COUNCIL DISTRICT— LYNNHAVEN. 9. UNITED STATES MANAGEMENT (USM) (Applicant) / CITY OF VIRGINIA BEACH (Owner). Applications: (A) Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code and (B) Request for Maior Entertainment Venue Signs. Site is located between 19th Street and Virginia Beach Boulevard, with the center of the site being approximately 2,000 feet east of Birdneck Road (GPINs 2417866932; 2417766435; and 2417661204). COUNCIL DISTRICT - BEACH. 10. VIRGINIA BEACH DEVELOPMENT AUTHORITY, Modification of Proffers, originally approved by the City Council on June 13, 1988, and last modified on June 25, 1996. The purpose of the modification is to adjust dimensional requirements for the parcel at the northern corner of the intersection of General Booth Boulevard and Corporate Landing Parkway (GPIN 2415228645). All interested parties 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 http://www.vbgov.com/pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: FEBRUARY 1, 2015 & FEBRUARY 8, 2015 — 1 TIME EACH. I 11 QL'✓ 4iy'L 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Sections 111, 230, 901, and 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code by defining the term "Craft Distillery" and Establishing Craft Distilleries as a conditional use in the B-2 Community Business District, the B-3 Central Business District, the B-4C Central Business Mixed Use District, the I-1 Light Industrial District, and the OR Oceanfront Resort District and setting forth required standards for such use and allowing Craft Breweries in the B-3 Central Business District, the B-4C Central Business Mixed Use District, the I-1 Light Industrial District, and the OR Oceanfront Resort District. MEETING DATE: February 17, 2015 • Background: The General Assembly passed legislation in April 2014 that allows a distillery with specific characteristics to obtain a "distillery store" license from the Alcoholic Beverage Control Board (ABC Board). This legislation (House Bill 1150 / Senate Bill 620) amended §4.1-119 of the Code of Virginia to authorize the ABC Board to appoint the holder of a distiller's license as an agent of the Board in order to sell spirits produced at distilleries that "employ traditional techniques, including the maceration of natural fruits, nuts, grains, beans, and spices in neutral grain spirits to extract natural flavors used to produce or blend liqueurs and spirits." • Considerations: "Distillery stores" are defined by the Department of Alcoholic Beverage Control as "government stores located on a distiller's premises, operated by the distiller as agent for the department for the purpose of selling distilled spirits." As such, distillery stores are operated as distiller-specific ABC stores, and must adhere to strict requirements for store operations, record-keeping, employee training, advertising, and inspections. Subsection G of §4.1-119 also authorizes distillery licensees to conduct organized tasting events, wherein customers may consume up to three, one-half ounce samples per tasting event per day. The licensee is responsible for ensuring that customers adhere to this "one customer tasting per day" policy. ABC regulations prohibit the distillery store licensee from selling spirits to other ABC licensees, and thus the licensee cannot sell their product to bars or restaurants. Also, only spirits distilled on the licensed premises may be sold at the store. The following summarizes the proposed amendments: II I I 11 ZONING ORDINANCE AMENDMENT FOR CRAFT DISTILLERIES Page 2 of 2 City Zoning Ordinance Section 111 The amendment to this section defines the term "craft distillery" and redefines the term "craft brewery." City Zoning Ordinance Section 230 The amendment to this section provides the general conditions of any Conditional Use Permit issued for a craft distillery. Subsection (b)(6) allows the City Council to impose any other reasonable conditions it deems necessary to avoid or reduce adverse impacts on other properties. City Zoning Ordinance Section 901 The amendment to this section establishes craft distilleries as a conditional use in the B-2, B-3, and B-4C Business Districts, subject to the provisions of Section 230. The amendment also extends the areas where craft breweries are allowed as a conditional use to the B-3 and B-4C Business Districts, subject to the provisions of Section 230. City Zoning Ordinance Section 1001 The amendment to this section establishes craft distilleries as a conditional use in the I-1 Industrial District, subject to the provisions of Section 230. Oceanfront Resort District Form-Based Code Section 5.2 The amendment to this section establishes craft breweries and craft distilleries as a conditional use in the OR Oceanfront Resort District in the Mixed-Use Building Type and the Commercial Building Type, subject to the requirements of Section 230 of the City Zoning Ordinance. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend to the City Council the adoption of the proposed amendments. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. /1\1 Submitting Department/Agency: Planning Department qi City Manager: k, . 1 AN ORDINANCE TO AMEND SECTIONS 111, 230, 901 2 AND 1001 OF THE CITY ZONING ORDINANCE AND 3 SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT 4 FORM-BASED CODE BY ADDING A DEFINITION OF 5 "CRAFT DISTILLERY," SETTING FORTH REQUIRED 6 STANDARDS FOR SUCH USE AND ESTABLISHING 7 CRAFT DISTILLERIES AS A CONDITIONAL USE IN THE 8 B-2 COMMUNITY BUSINESS DISTRICT, THE B-3 9 CENTRAL BUSINESS DISTRICT, THE B-4C CENTRAL 10 BUSINESS MIXED USE DISTRICT, THE I-1 LIGHT 11 INDUSTRIAL DISTRICT AND THE OR OCEANFRONT 12 RESORT DISTRICT AND BY AMENDING THE DEFINITION 13 OF "CRAFT BREWERY" AND THE REQUIRED 14 STANDARDS FOR SUCH USE, AND ALLOWING CRAFT 15 BREWERIES AS A CONDITIONAL USE IN THE B-3 16 CENTRAL BUSINESS DISTRICT, THE B-4C CENTRAL 17 BUSINESS MIXED USE DISTRICT AND THE OR 18 OCEANFRONT RESORT DISTRICT 19 20 Sections Amended: City Zoning Ordinance Sections 111, 21 230, 901 and 1001; Oceanfront Resort District Form-Based 22 Code Section 5.2 23 24 WHEREAS, the public necessity, convenience, general welfare and good zoning 25 practice so require; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That Sections 111, 230, 901 and 1001 of the City Zoning Ordinance and Section 31 5.2 of the OR Oceanfront Resort District are hereby amended and reordained by 32 defining "craft distillery," amending the definition of "craft brewery," establishing required 33 standards for such use, allowing craft distilleries as a conditional use in the B-2, B-3, B- 34 4C and I-1 Districts and the OR Oceanfront Resort District, and allowing craft breweries 35 as a conditional use in the B-3 and B-4C Districts and the OR Oceanfront Resort 36 District, to read as follows: 37 38 ARTICLE 1. GENERAL PROVISIONS 39 1 111 40 Sec. 111. Definitions. 41 For the purpose of this ordinance, words used in the present tense shall include 42 the future; words used in the singular number include the plural and the plural the 43 singular; the use of any gender shall be applicable to all genders; the word "shall" is 44 mandatory; the word "may" is permissive; the word "land" includes only the area 45 described as being above mean sea level; and the word "person" includes an individual, 46 a partnership, association, or corporation. 47 48 In addition, the following terms shall be defined as herein indicated; provided that 49 in the event a term defined in this section is defined differently in the regulations of any 50 form-based district, the latter definition shall control if the property to which the definition 51 applies is located in the form-based district: 52 . . . . 53 54 Craft brewery. A facility, other than a farm brewery, that produces and distributes 55 beer or other fermented malt beverages in quantities not exceeding fifteen thousand 56 barrels (15,000 BBL) per year and at which beer, ale or other fermented beverages are 57 served to customers for on-premises or off-premises consumption and at which m als 58 food arc not may be served. 59 60 Craft distillery. A facility that produces and distributes spirits, as defined in the 61 Alcoholic Beverage Control Act, in quantities not exceeding five thousand barrels (5,000 62 BBL) per year and at which such spirits produced at such facility are served to 63 customers for on-premises or off-premises consumption and at which food may be 64 served. 65 66 . . . . 67 68 COMMENT 69 70 The amendment adds a definition of the term "craft distillery changes the definition of 71 "craft brewery" to allow the sale of beverages produced on the premises for off-premises 72 consumption and to delete the prohibition against serving meals. 73 74 75 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 76 ALL DISTRICTS 77 . . . . 2 78 79 C. CONDITIONAL USES AND STRUCTURES 80 81 . . . . 82 83 Sec. 230. Craft breweries and craft distilleries. 84 85 (a) In addition to general requirements, craft breweries shall be subject to the 86 following provisions: 87 (a)(fl A valid license issued by the Virginia Alcoholic Beverage Control 88 Board shall be held by the establishment at all times, and the 89 conditions of any such license shall be incorporated by reference 90 into any conditional use permit authorizing a craft brewery; 91 92 (b)) Only beer or other fermented malt beverages and non-alcoholic 93 beverages may be served; 94 95 (c)(3) Beer or other fermented malt beverages may be sold for on- 96 premises consumption and for off-premises consumption at retail or 97 wholesale; 98 99 (d)(4) Unless expressly allowed by the conditional use permit, Thcro there 100 shall be no sale or consumption of alcoholic beverages on the 101 premises between midnight and ten o'clock (10:00) a.m.; 102 103 (e)(5) Live music shall be performed only inside the establishment and 104 doors and windows shall remain closed during such performances, 105 except during the actual ingress and egress of patrons and 106 employees; and 107 108 (f)(6) The city council may impose such reasonable conditions as it 109 deems necessary to avoid or mitigate adverse impacts upon other 110 property. 111 112 (b) In addition to general requirements, craft distilleries shall be subject to the 113 following provisions: 114 3 115 (1) A valid license issued by the Virginia Alcoholic Beverage Control 116 Board shall be held by the establishment at all times, and the 117 conditions of any such license shall be incorporated by reference 118 into any conditional use permit authorizing a craft distillery; 119 120 (2) Only spirits and non-alcoholic beverages may be served unless 121 otherwise permitted under applicable state alcoholic beverage 122 control laws and regulations for private events; 123 124 (3) Spirits may be sold for on-premises consumption or off-premises 125 consumption at retail or wholesale; 126 127 (4) Unless expressly allowed by the conditional use permit, there shall 128 be no sale or consumption of alcoholic beverages on the premises 129 between midnight and ten o'clock (10:00) a.m.; 130 131 (5) Live music shall be performed only inside the establishment and 132 doors and windows shall remain closed during such performances, 133 except during the actual ingress and egress of patrons and 134 employees; and 135 136 (6) The City Council may impose such reasonable conditions as it 137 deems necessary to avoid or mitigate adverse impacts upon other 138 property. 139 140 COMMENT 141 142 The amendments add operational requirements for craft distilleries. 143 144 145 146 ARTICLE 9. BUSINESS DISTRICTS 147 148 . . . . 149 150 Sec. 901. Use regulations. 151 152 (a) Principal and conditional uses. The following chart lists those uses permitted 153 within the B-1 through B-4K Business Districts. Those uses and structures in the 154 respective business districts shall be permitted as either principal uses indicated by a 4 111 155 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 156 shall be prohibited in the respective districts. No uses or structures other than as 157 specified shall be permitted. 158 159 . . . . 160 161 Use 8-1 8-1a B-2 B-3 B-4 8-4C 8-4K 162 163 164 165 Craft breweries, subject to the 166 provisions of Section 230 X X C XC X XC X 167 168 Craft distilleries, subject to the 169 provisions of Section 230 X X CC X C X 170 171 172 COMMENT 173 174 The amendments establish craft distilleries as a conditional use in the B-2, B-3 and B-4C 175 Districts and extend the areas in which craft breweries are allowed to the B-3 and B-4C Districts. 176 177 178 179 ARTICLE 10. INDUSTRIAL DISTRICTS 180 181 . . . . 182 183 Sec. 1001. Use regulations. 184 185 (a) Principal and conditional uses. The following chart lists those uses 186 permitted within the I-1 and 1-2 Industrial Districts. Those uses and structures in the 187 respective industrial districts shall be permitted as either principal uses indicated by a 188 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 189 shall be prohibited in the respective districts. No uses or structures other than as 190 specified shall be permitted. 191 192 USE /-1 1-2 193 . . . . 194 5 II 11 195 Craft distilleries, sublect to the 196 provisions of Section 230 (X) 197 198 199 COMMENT 200 201 The amendments establish craft distilleries as a conditional use in the I-1 Light Industrial 202 District. 203 204 205 Oceanfront Resort District Form-Based Code 206 207 (APPENDIX 1 TO CITY ZONING ORDINANCE) 208 209 210 Chapter 5. Use 211 212 Sec. 5.1. General Provisions 213 5.1.1 Permitted Uses 214 215 The permitted use table identifies uses allowed by building type. The key for the use 216 table is set forth below. 217 A. Permitted Use (P) 218 219 Indicates that the use is permitted by right. 220 221 B. Limited Use (L) 222 223 Indicates that the use, while permitted by right unless otherwise specified, must meet 224 the applicable use standard. 225 226 C. Conditional Use (C) 227 228 Indicates that the use requires approval as a conditional use before it is allowed. Use 229 standards may also apply. 230 231 D. "--" 232 233 Indicates that a use is not permitted. 6 II 234 235 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by 236 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 237 238 COMMENT 239 240 The section is shown for reference purposes only. 241 242 . . . . 243 244 SEC. 5.2. PERMITTED USE TABLE 245 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors !Notes COMMERCIAL 246 247 . . . . 248 Craft C C C -- -- -- - -- See Sec. 230 breweries — — — — — Craft C C C -- -- -- -- -- See Sec. 230 distilleries — — 249 250 . . . . 251 252 COMMENT 253 254 The amendments add craft breweries and craft distilleries as allowed uses in the OR 255 Oceanfront Resort District in mixed-use buildings and commercial buildings, subject to the 256 requirements of Section 230 of the City Zoning Ordinance. 257 258 259 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 260 day of , 2015. 261 262 263 7 111 264 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 265 266 441 267 � l 1� dAigiv 4tett• 268 , �,.___.. 269 Plari iiV! 4 •artment City Attorney's Office 270 271 272 CA-13239 273 January 12, 2015 274 R-6 8 111 Item#6 City of Virginia Beach An Ordinance to amend Sections 111, 230, 901, and 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code by adding a definition of"Craft Distillery", setting forth required standards for such use, and establishing Craft Distilleries as a conditional use in the B-2 Community Business District, the B-3 Central Business District, the B-4C Central Business Mixed Use District, the I-1 Light Industrial District, and the OR Oceanfront Resort District and by amending the definition of"craft brewery" and allowing Craft Breweries in the B-3 Central Business District, the B-4C Central Business Mixed Use District, and the OR Oceanfront Resort District. January 14, 2015 A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 by consent. Graham Owen appeared before the Commission. .,,t74,.., ..... ` ; _ �os -- . _ e ti riii4101F-1; ai 1- ,,,..i-,.„--.4 ;........0,,, A 114 ;144 . .4-4:171-, \_. -- '-------ir ‘,401:„-...- '7, . 1,,,L ,, ltiiirikl Ivo i ..... t:',;'•--- /iik, ... „___,,„... , !1 *IL . AAA, ?iWiI CW ---..., %r .., -: le.„1,,10,.1,0.,.... _ y__. .., „,,,, .,....-___..,,, . . (0 V/ 4=- Z \ , , .\ ,',;-- ... ).., VIVO, ';/: :-.7.:4,4" "- , ftliff, in."'" CI: l''' ' ViN Noh,,', 4..•t. 0 11;44-0.VIVINI ,..../' 'Alkik 7,._. ".._/ 4114( � i ,2:14 \ S tit ti � -.. ti, , . ty .�' . 41 _ " jl hs►J \ tiey , c+ •.,., Tt,,.. 1010, A ,_ --_-- _---r . '1 7... ,, ,P. . 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Nalk44)133,..„' is I 1 aliNvaliat 4>,., . , 2 _, 1 z�- c i I s tit► Nu eea.c.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: UNITED STATES MANAGEMENT (USM) (Applicant) / CITY OF VIRGINIA BEACH (Owner). Applications: (A) Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code and (B) Request for Major Entertainment Venue Signs. Site is located between 19th Street and Virginia Beach Boulevard, with the center of the site being approximately 2,000 feet east of Birdneck Road (GPINs 2417866932; 2417766435; and 2417661204). COUNCIL DISTRICT - BEACH. MEETING DATE: February 17, 2015 • Background: The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form-Based Code (FBC). The purpose of the request is to allow for the construction of an arena, which does not meet the maximum height or "build-to" form requirements prescribed in the OR District FBC. In addition, the applicant requests approval of three Major Entertainment Venue (MEV) signs. Signage for major entertainment venues other than signage allowed by the standard zoning regulations is allowed only with the approval of City Council. ■ Considerations: The FBC is the zoning regulation for land use and development in the OR District. The specific regulations applicable to a parcel are dependent on a system of Street Frontages and Building Types. The arena corresponds to the 'Civic' Building Type. The subject site is located on a "Gateway 1" Street Frontage, which permits the 'Civic' Building Type. The proposed arena, however, will not meet the "Build-To" building placement requirements for Civic Buildings, which require building(s) to be placed within 30 feet of each right-of-way and to occupy at least 50 percent of the street frontage. In addition, the proposed arena exceeds the maximum 110 foot height and does not meet the tower height provisions associated with this height zone category. Deviations from the regulations of the OR District FBC are possible through two processes. The first is the "Optional Forms of Development (OFD)," which is a by-right option administered by the City staff. The second is a Special Exception for "Alternative Compliance (AC)" to the OR District FBC, which permits a departure from one or more of the prescribed building or design elements. As UNITED STATES MANAGEMENT Page 2 of 4 noted above, the proposed arena does not meet certain provisions of the FBC, the applicant is seeking approval by the City Council of a Special Exception for Alternative Compliance to the FBC. Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies those standards. The standards, including staffs assessment of the degree to which the applicant's proposal meets each, begins on page seven of the attached report. The applicant requests approval of three Major Entertainment Venue (MEV) signs to provide information on events at the arena, Convention Center, and other significant Resort Area events. The sign types and locations are as follows: 1. MEV Sign 1 - Freestanding sign near the intersection of 19th Street and Birdneck Road in northwest quadrant of site; 2. MEV Sign 2 - Freestanding sign along 17th Street in southeast quadrant of site; and MEV Sign 3 - Building-mounted sign overlooking plaza area on northeast side of building. Section 6.3.F.5 of the FBC provides the `Review Standards' to be used by the City Council in its review of Major Entertainment Venue (MEV) signs, noting that the City Council "shall consider the following criteria in acting upon an application." Those criteria, including staff's assessment of the degree to which the applicant's proposal meets each, begins on page nine of the attached report. Complete details pertaining to the requests, including Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. • Recommendations: The Planning Commission, by a vote of 11-0, recommends approval of this request to the City Council with the following conditions: CONDITIONS OF SPECIAL EXCEPTION FOR ALTERNATIVE COMPLIANCE TO THE OR DISTRICT FORM-BASED CODE: 1. The layout of the site shall be substantially as shown on the site plans entitled "Virginia Beach Entertainment and Sports Arena Site Plan" dated 1/9/15 by Clark-Nexsen. Said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The structures on the site shall be substantially as shown on the two renderings and transect drawing submitted with the application package on January 9, 2015, which are entitled as follows: UNITED STATES MANAGEMENT Page 3 of 4 "Proposed Virginia Beach Arena, Attachment (6) 1 of 2" "Proposed Virginia Beach Arena, Attachment (6) 2 of 2" "Proposed Virginia Beach Arena, Attachment (7)" Said renderings and transect drawing have been exhibited to the City Council and are on file in the Department of Planning. 3. The design of the building façade for the retail/restaurant space shall be consistent with Oceanfront Resort District Form-Based Code Design Guidelines. Consistency with said Guidelines shall be determined by the Planning Director upon submission of plans for the building façade. Such plans shall be submitted to the Planning Director prior to submission of plans for building permits. CONDITIONS OF REQUEST FOR `MAJOR ENTERTAINMENT VENUE' SIGNS:' 1. The signs shall be subject to the limitations and descriptions described in the narrative entitled, "Attachment (4), United States Management, LLC (USM), Virginia Beach Arena, Alternative Compliance Application," dated January 9, 2015. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs, including structural elements, framing, and podium base of the freestanding signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall-mounted sign shall be subject to time and decibel restrictions to be determined by the Planning Director during review of the plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's noise ordinances (Article 2 of Chapter 23, City Code Sections 23-63 et seq.), or any successor ordinance. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight second intervals. 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review II i UNITED STATES MANAGEMENT Page 4of4 and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager. � -Sk , Da-2, co) \ '.-Ii.0 ::-E.,-,-1-''''''1 k.i..,...;:,1•0""‘i — si 11> --01A 7:1.-'. . -S'-...:::-`::.- - Z.* (I) ' , , fa, \le: "i.;a,i,,, - 49,14 tl•,...fr...-ati\ r..,01,.. Q 04 '''\1,11;1111 (:).i.t2.!..%11! i \owl ... 4 ‘ - ',1.,-,,,',.. 1 Vait‘n t rk ___is),--'1_ C i orks.rirs..,-,v% ti = ri . F .. 0111111 / ,L.`'-•--".. '''\ . e. ' ''' \ ** \ -; . 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I �� � l/ , ,a 1\ i 0 to 7.1111/7.' 1-3 t ?q 1.• '),k‘,,4,MihN ''\IIIVIL , 7 --'. Is‘v 1V1...i.4.4.,HY.0, a..M ��f '' \N\\\ < I Ici ;1' KCL .ti �.. • 1 }l swum `hr !-6' United States Management, LLC 2 Etyjp WO 4...,".. OR Vey ? 077' •'•. wRs�"TE�� QR February 11, 2015 Public Hearing 75 dB 70-75 dB Li/u-: . ` oR1111� APPLICANT: Q® A36* 1 .41 OR UNITED STATES it OR #01.....' OR r °• - MANAGEMENT, LLC OR �y{c '�' ;tiiD1 xr ,_”0"1"x" - , "� giiiit PROPERTY OWNER: 8?A lo A" �,_ � j ,..3- a; CITY OF VIRGINIA .,; •. At2 A.- ,.,,,r, AO1 �,1: BEACH APZ 1 . Z. A,z A36 t•� � ,a. ',_ ^'+ ^^�^^^<+A^•^<s•'w<•n,—.a^ Altemative Compliance STAFF PLANNER: Ashby Moss REQUEST: (A) Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code (B) Application for Major Entertainment Venue Signs ADDRESS I DESCRIPTION: Site is located between 19th Street and Virginia Beach Boulevard, with the center of the site being approximately 2,000 feet east of Birdneck Road GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 24176612040000 BEACH 40 acres Greater than 75 and 70- 24177664350000 (approximate area of 75 dB Ldn 24178669320000 total site) 5 acres (approx. arena footprint) • • BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form-Based Code (FBC). The purpose of the request is to allow for the construction of an arena, which does not meet the maximum height or"build-to" form requirements prescribed in the ORD FBC. In addition, the applicant requests approval of three Major Entertainment Venue(MEV) signs. Signage for major entertainment venues other than signage allowed by the standard zoning regulations is allowed only with the approval of City Council. UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 1 Alternative Compliance to the ORD The FBC is the zoning regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build-to, transparency, height, setbacks, etc.). There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development(OFD),"which is a by-right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from one or more prescribed building or design elements. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form-Based Code, including under OFD. Section 7.3.3 of the FBC provides the 'Review Standards' for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole: 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: a. Promotes modes of transportation other than the automobile, including walking and transit; b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians; and c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code; 3. Is physically and functionally integrated with the built environment in which it is located; and 4. Advances the goals and objectives of the parking strategy for the District. B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Major Entertainment Venue Signs Section 6.3(F)(5) of the FBC provides criteria for consideration of MEV signs: 5. The City Council shall consider the following criteria in acting upon an application: a. The extent to which the proposed signage is consistent with the intent of the Oceanfront Resort District sign regulations, as expressed in Sec. 6.3.1(A); b. The extent to which the proposed signage is consistent with the recommendations of the Comprehensive Plan; c. The extent to which the scale, color, materials, shape, illumination, and landscaping of the proposed signage, considered as a whole, is compatible with surrounding properties; d. The impact of the proposed signage on traffic safety, taking into consideration the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and other safety-related factors; and UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 2 imiiiiiimmio e. The degree to which the proposed signage is integrated into a unified development concept, considering the building design, other signs, landscaping, traffic circulation, and other development features of the neighboring property, the frontage in which the venue is located and the District as a whole. DETAILS OF PROPOSAL Alternative Compliance to the ORD The applicant proposes to develop the area with a 550,000 square foot arena that can seat up to 18,000 people. The venue will be designed to accommodate a wide variety of events, from major concerts and sporting events to trade shows. The arena building has an approximate footprint of 220,000 square feet(SF)and is proposed to reach a height of 135 feet. The building will be constructed primarily of concrete and steel with an exterior finish of approximately 75 percent metal and 25 percent glass panels. There are three primary entrances for event attendees: Ground level entrance on northeast side Second level concourse entrance accessed from stairs on east side Second level concourse entrance accessed from stairs on northwest side A 'VIP' entrance and drop-off area is located on the south side of the arena, with access from Virginia Beach Boulevard (17th Street). The service entrance is located on the southwest side along with bus parking and loading areas. A ground-level outdoor plaza is proposed in the northeast quadrant of the site, across 19th Street from the Convention Center. Pavers, laid in a flowing pattern similar in design and color to the area in front of the Convention Center, will provide 'identity' to the plaza and act as a visual connection to the Convention Center. The plaza will also encompass and enhance the existing Veterans Memorial, which will remain in its current location. A portion of the plaza area can be used for parking when needed. The remainder of the property will hold approximately 2,770 parking spaces (including the plaza parking) in landscaped surface lots. Additional parking will be provided off-site in public lots and through shared parking agreements with office and commercial sites within walking distance of the arena. Two stormwater management ponds are proposed. One is an expansion of an existing pond immediately northwest of the proposed arena. The second is proposed in the northwest quadrant of the site, partially fronting Birdneck Road and adjacent to the single-family dwelling immediately south. D ,)Y Y �k _ Iilliik 19th Street _ -, -1- ./ -,_.. .,:,,./7,, . . - mew 411111 '64 .,,i ARENA , -.._ 1,061* ►. 00 �' ___ ,111 F tr.. `�-� MrIvF vMJwM wtiMd �►!M MKS f , i.._ ' 17th Street ---r UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 3 Adjacent and connected to the arena, the applicant proposes to construct an approximately 25,000 SF commercial space to be used for an independently operated retail store and/or restaurant. This space is ir_ located under the stairs leading up to the 2nd level concourse on the east side of the arena. A breezeway ,,,c,".,,,,,, between the commercial space and the arena will allow pedestrian access to and through this area. f- 1_ - . . ` ' • -,� V... f lin star II Ale 19th Street — _I. C 4 C4•,, , , I . .1, i %:. I- 1 i 1 ,71 ,r33),-- , „,,,,,.. 4.Ir.* *-- '':11,14f 1 i ..,,,i, ,'40,z,.//7";;A:.)/ 44:1:, . 41 ....- ' _ ', __c_.: _ . ../:6,' 4-' .i , 1 _. at 1 _ _ , , Yr1 *. ,- - f'v04s Proposed 25,000 sq.ft. { A', r '� independently operated 00•000 , f 0001011.1p restaurant/retail space fid► 44+++ IP- 17th Street ( _ -- --. Imo- 'l Major Entertainment Venue Signs The applicant requests three Major Entertainment Venue(MEV) signs to provide information on events at the arena, Convention Center, and other significant Resort Area events. The sign types and locations are as follows: 1. MEV Sign 1 - Freestanding sign near the intersection of 19th Street and Birdneck Road in northwest quadrant of site; 2. MEV Sign 2 - Freestanding sign along 17th Street in southeast quadrant of site; and 3. MEV Sign 3 - Building-mounted sign overlooking plaza area on northeast side of building. _4 I �' t 19th Street mosen u • : , too y` d; 3 ria a P .to-- ,0 . , .'s'3y .. , . 7. 0 ..,...„......., t ...........„% , ____. i .. .r... �..�,. a«w 4,44,4,11:.1 '.,,,s „ 2 'tom? i....7 171h Street I—roil UNITED STATES MANAGEMENT, LLC 4 Agenda Items 2(A) & 2(B) Page 4 MEV Signs 1 and 2(Freestanding) MEV Sign 3(building-mounted) SETBACK Minimum of 15 feet from property line (mounted on building—no setback) Two-sided(approximately 600 square feet) One-sided(approximately 800 to 1,200 square DISPLAY feet) Approximately 20 feet high and 30 feet wide Approximately 25 feet high and 45 feet wide MOUNTING On pedestal up to 30 feet high On wall up to 30 feet high PIXEL PITCH 15mm 8mm Displays to include static and animated text Displays to include static and animated text and CONTENT images with an average dwell time of TYPE and images with an average dwell time of approximately 8 seconds as well as continuously approximately 8 seconds streaming video Daytime minimum and maximum Daytime minimum and maximum illumination BRIGHTNESS illumination levels=5,000 to 10,000 levels=5,000 to 10,000 candelas per square candelas per square meter(cd/m2 or"nit") meter(cd/m2 or"nit") Nighttime minimum and maximum Nighttime minimum and maximum illumination illumination levels=3,000 to 5,000 candelas levels=3,000 to 5,000 candelas per square per square meter meter • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)I CAPITAL IMPROVEMENT PROGRAM (CIP): The MTP calls for a 70-foot wide right-of-way on 19th Street and a 100-foot wide right-of-way on Virginia Beach Blvd. (17th Street). There is one existing, approved, and funded CIP Project(9-069)for the design of'19th Street Corridor Improvements.'Additional CIP projects for improvements to 19th Street, Birdneck Road, and 17th Street improvements, and development of infrastructure associated with the arena will be considered in this year's CIP budget approval process. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 22,800 ADT '(LOS 3"D"/ Birdneck Road 29,900 ADT 1 Capacity) (Four-lane urban minor arterial) 27,400 ADT 1 (LOS 3"E") 19th Street 22,800 ADT 1(LOS 3"D"/ (Four-lane urban minor arterial) 4,000 ADT Capacity) Existing Land Use 2-0 27,400 ADT ' (LOS 3"E") ADT Virginia Beach 22,800 ADT '(LOS 3"D"/ Proposed Land Use—see Boulevard 9,900 ADT ' Capacity) `Traffic Comments' below (Four-lane urban minor arterial) 27,400 ADT 1 (LOS 3"E") 22,800 ADT '(LOS 3"D"/ Parks Avenue 1,400 ADT ' Capacity) (Four-lane collector arterial) 27,400 ADT ' (LOS 3"E") UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 5 II II l Average Daily Trips 2 the proposed site is a parking lot 3 LOS=Level of Service PUBLIC WORKS I TRAFFIC ENGINEERING COMMENTS: 1. Traffic Engineering has worked with Kimley Horn throughout the development of the Preliminary Traffic Impact Study(TIS)and Parking Assessment 4,which was done to identify the basic roadway, traffic signal, and Intelligent Traffic System (ITS) improvements that would be necessary to support event traffic at the proposed arena. Traffic Engineering supports the infrastructure improvement recommendations presented in the report, with a few exceptions that have been discussed with Kimley Horn. 2. The TIS recommends that a Traffic Management Plan (TMP) be developed to identify how traffic will be managed for events at the arena. Traffic Engineering, along with Kimley Horn, the Police Department, the Strategic Growth Area(SGA)Office, SGA Office/Resort Management, and the arena owner's staff are currently working to develop a TMP for small, medium and large event scenarios for arena events. The TMP will identify the traffic and parking operations strategies and the resources needed to facilitate traffic into the arena parking areas as well as exiting the arena area at the end of the event. The TMP will also identify how Dynamic Message signs and other traffic technologies can be used to help move traffic into and out of the arena area. 3. The key roadways to be managed around the arena for most events at the arena include the following: • Birdneck Road • 19th Street • Virginia Beach Boulevard • Parks Avenue • 21st Street • 22nd Street 4. The proposed arena's impacts to the existing roadway network is minimized due to the fact that the majority of arena event traffic is not expected to coincide with the weekday peak period traffic. 5. The scheduling of events at the proposed arena and the existing Convention Center across 19th Street will be coordinated. The TMP development will take into consideration the possibility of simultaneous events at both facilities and the plan will be designed accordingly. 4A detailed Preliminary Traffic Impact Study and Parking Assessment, prepared January 2015 by Kimley-Horn and Associates, is available on the City's web site at A, c BIKE PARKING AND TRAFFIC: The 2011 Bikeways and Trails Plan calls for both on-road and off-road facilities along both 17th and 19th Streets. Bike and pedestrian facilities in the vicinity may need to be improved and expanded to be sufficient for peak events.Additional analysis should be conducted to determine the number of bike spaces needed for peak events and ensure that bike parking is convenient for access but not an impediment to pedestrian traffic. WATER: This site is already connected to City water. There are several City water mains along the streets surrounding the subject site. The existing infrastructure has adequate capacity to serve the proposed arena. UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 6 11 SEWER: This site is already connected to City sanitary sewer. Pump Stations#114 and #117 are the receiving pump stations for this site. There are several City sewer mains along the streets surrounding the subject site. Further study is needed to determine if the existing infrastructure is adequate to serve the proposed arena. If additional sanitary sewer infrastructure is needed, it will be included in the proposed capital project to be considered in this year's CIP budget approval process. 4 0 AICUZ OVERLAY ORDINANCE The subject site is located within the Greater than 75 and 70-75 dB Ldn AICUZ, with the arena building being completely located within the 70-75 AICUZ district. Article 18 of the City Zoning Ordinance provides regulations pertaining to proposed development within AICUZ districts. Sections 1803 and 1804 are the most relevant to the submitted applications: Sec. 1803.Applicability. (a) Area of applicability.The provisions of this Article shall apply to discretionary development applications for any property located within an Accident Potential Zone(APZ)or 65-70 dB DNL,70-75 dB DNL or>75 dB DNL Noise Zone,as shown on the official zoning map,that have been approved or denied by the city council as of the date of adoption of this Article.For purposes of this Article,discretionary development applications shall include applications for: (1) Rezonings,including conditional zonings; (2) Conditional use permits for new uses or structures,or for alterations or enlargements of existing conditional uses where the occupant I would increase; (3) Conversions or enlargements of nonconforming uses or structures,except where the application contemplates the construction of a ne building or structure or expansion of an existing use or structure where the total occupant load would not increase; (4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structw where the total occupant load is increased;and (5) Special exceptions for Alternative Compliance in any zoning district listed in Section 102(a)(13)where the special exception allows a u not otherwise permitted by applicable regulations. Ord Nc 2905. 12-2005 Ord No 2934.3-28-06,Ord.No 3006. 1-8-08 Ord Nc 3528.2-25-14; Sec.1804.Discretionary development applications;city council policy. (a) City council policy.Except as otherwise provided in this Article,it shall be the policy of the city council that no application included within the provisions of section 1803 shall be approved unless the uses and structures it contemplates are designated as compatible under Table 1 bele and,if applicable,Table 2,unless the city council finds that no reasonable use designated as compatible under the applicable table or tables be made of the property.In such cases,the city council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable. Based on the above, Section 1803(a)designates the application for a Special Exception for Alternative Compliance to the Form-Based Code as a 'discretionary development application.'Accordingly, Section 1804(a) is applicable, requiring the City Council to find that the proposed use is designated as compatible under Table 1. Table 1 provides a listing of land use types and an indication of whether each respective use is or is not compatible within the 70-75 or Greater than 75 AICUZ districts. The 2008 Memorandum Of Understanding between Naval Air Station Oceana and City Of Virginia Beach established a process by which City staff and staff of NAS Oceana meet to review descretionary development applications to"determine whether the proposed development complies with the applicable provisions of the AICUZ Overlay Ordinance and to report thereon to the Planning Commission and City Council" (p. 9). The City and Navy staff, referred to as the Joint Review Process(JRP)Group, conducted an early review and discussed this land use proposal on March 27, 2014. The JRP Group concluded as follows: UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 7 111 (d) Sports Arena - No definitive plans have yet been submitted for the arena, which is proposed to be located near the Virginia Beach Convention Center in the 70 - 75 dB DNL sound contour. However, the group examined the AICUZ Overlay Ordinance and the Standard Land Use Coding Manual to ensure that such a structure would be compatible at the proposed site. While no land use category appears to be exactly on point, i.e. , "indoor sports arena, " the group concluded that such a structure would nonetheless be compatible, analogizing to the listed structures "Auditoriums, " "Indoor Recreational Facilities" and "Other Cultural, Entertainment and Recreation" which are all permitted in the 70 - 75 dB DNL sound contour. On January 29, 2015, the JRP Group conducted an 'update' review and discussion with regard to the proposed use of the site as an arena: (b) Virginia Beach Arena: The joint staff reviewed the Alternative Compliance Application submitted by USM, for which a 17 February vote by City Council is anticipated. The arena was found to meet the requirements of the _City's AICUZ Overlay Zoning Ordinance in March of =C14, and this application concerns technical Oceanfront Resort (OR.) District Form Based Code issues r:__ covered by the JRP. However, given the magnitude cf the project, and the proximity of the structure to the airfield, the Virginia Beach staff expressed a desire to keep the NAS Oceana staff informed of developments throughout the project. The application notes that '.'SM has submitted a request for FAA height and obstruction analysis. 4 0 EVALUATION AND RECOMMENDATION ALTERNATIVE COMPLIANCE: The Oceanfront Resort District(ORD) Form-Based Code(FBC) regulates the use and development of land through a system of Street Frontages and Building Types. The subject site is located on a"Gateway 1" Street Frontage, which permits the"Civic Building" building type that is proposed. However, the proposed arena will not meet the"Build-To" building placement requirements for Civic Buildings, which require building(s)to be placed within 30 feet of each right-of-way and to occupy at least 50 percent of the street frontage. In addition, the proposed arena exceeds the maximum 110 foot height and does not meet the tower provisions associated with this height zone category. Therefore, this proposal requires City Council approval of a Special Exception for Alternative Compliance. As noted in the 'Background' section of this report, Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council"shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant's proposal meets each: UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 8 11 • Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically,the extent to which the proposed development: o Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: The site will include generous bicycle parking, enhanced pedestrian paths, and a pedestrian plaza with multiple access points on the street to the arena and Convention Center. There are several HRT bus stops on Virginia Beach Boulevard(17th Street) within one block or less of the proposed arena. The applicant is working with the City and HRT to coordinate regular bus service and shuttle service during special events. o Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments:Enhanced pedestrian pathways will interconnect and integrate the arena with a new outdoor plaza, the existing Veterans Memorial, and the Convention Center to create a vibrant and inviting community space. Second-story outdoor space on the northeast side also contributes to enlivening the 19th Street frontage. o Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The arena will add a new dimension of activity to the existing Convention Center area. Both entities will work together to share parking and coordinate events to improve the visitor experience at both facilities. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: The majority of the arena site's street frontage is Gateway 1, which is the area's most auto-oriented street frontage type, and is intended to carry the heaviest volumes of traffic through the area. The applicant is working with City staff on street design, parking, and traffic management to accommodate traffic flow into and out of the site during events. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments:As another large venue building, the proposed arena is compatible with the Convention Center both in scale and use. The two buildings are offset just enough to improve the sense of place without overpowering the site in one location. Similarly, outdoor amenity spaces and pedestrian paths function to tie the two facilities together. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: Parking is obviously a necessity for both the proposed arena and the Convention Center, and this resource will be shared between the facilities to maximize its use and avoid any unnecessary surface parking. In addition, the site will also accommodate alternative modes of transportation, including pedestrians, bikes, and buses.A detailed Preliminary Traffic Impact Study and Parking Assessment, prepared January 2015 by Kimley-Horn and Associates, which is available on the City's web site at L11.1.1 1 ` . ;,r;r r. The applicant, the City, and consultants are using this information to prepare detailed traffic and parking management plans based on different sized events. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: The proposed deviation from the FBC is the absence of buildings within the build-to zone on the various street frontages as well as building height in excess of the required maximum height and form. The adverse impacts to surrounding properties UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 9 II associated with these deviations have been mitigated through the proposed site and building design. The lack of having buildings in the build-to zone along 50 percent of the street frontages is mitigated by the outdoor plaza and enhanced walking paths throughout the site, interconnecting the various areas on the site to the street. The building height of 135 feet is mitigated by the increased setback of the building from the streets (60'and 90') and the mass of flat area surrounding the building. The proposed arena is well-buffered from surrounding properties due to the 40 acres of City-owned property included in this site. Based on the staffs conclusion that the proposed use and associated structures satisfy the standards above to the greatest extent possible, staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Section 7.3.4 of the Form-Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." Such conditions are recommended below. 4 • CONDITIONS OF ALTERNATIVE COMPLIANCE 1. The layout of the site shall be substantially as shown on the site plans entitled "Virginia Beach Entertainment and Sports Arena Site Plan" dated 1/9/15 by Clark-Nexsen. Said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The structures on the site shall be substantially as shown on the two renderings and transect drawing submitted with the application package on January 9, 2015, which are entitled as follows: • "Proposed Virginia Beach Arena, Attachment(6) 1 of 2" • "Proposed Virginia Beach Arena, Attachment(6) 2 of 2" • "Proposed Virginia Beach Arena, Attachment(7)" Said renderings and transect drawing have been exhibited to the City Council and are on file in the Department of Planning. 3. The design of the building façade for the retail/restaurant space shall be consistent with Oceanfront Resort District Form-Based Code Design Guidelines. Consistency with said Guidelines shall be determined by the Planning Director upon submission of plans for the building façade. Such plans shall be submitted to the Planning Director prior to submission of plans for building permits. MAJOR ENTERTAINMENT VENUE SIGNS: Section 6.3.F.5 of the FBC provides the 'Review Standards' to be used by the City Council in its review of Major Entertainment Venue(MEV)signs, noting that the City Council "shall consider the following criteria in acting upon an application." UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 10 11 • The extent to which the proposed signage is consistent with the intent of the Oceanfront Resort District sign regulations, as expressed in Sec. 6.3.1A. Staff Comments: The proposed MEV signs are consistent with the ORD sign regulations, which essentially state that signage in this area should enhance the overall aesthetics of the district so as not to detract from the City's investment in beautifying this area (see referenced code section on pp. 28-29). The proposed MEV signs are consistent with these findings. The conditions recommended below ensure the signs will be designed and used in a way to promote events at the arena without being overly bright or distracting. • The extent to which the proposed signage is consistent with the recommendations of the Comprehensive Plan. Staff Comments: The Comprehensive Plan and the zoning regulations adopted to implement the Plan recognize that a large part of the vision for the Resort SGA is to attract visitors to the area. Signs for major entertainment venues, such as the proposed arena and the existing convention center, warrant a larger scale and function than typical business signs. For this reason, MEV signs have their own set of regulations and must be approved by City Council. • The extent to which the scale, color, materials, shape, illumination, and landscaping of the proposed signage, considered as a whole, is compatible with surrounding properties. Staff Comments: The MEV signs are appropriately scaled in relation to both the proposed arena and the existing convention center. Since these properties incorporate such large areas, the signs will have little impact on other surrounding properties. The sizes, design and functionality are consistent with those used at the Pinnacle Bank Arena in Lincoln, Nebraska, which has been a model for many aspects of this arena proposal. • The impact of the proposed signage on traffic safety,taking into consideration the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and other safety-related factors. Staff Comments: Once further details are finalized on site design, the exact location and placement of the signs will be reviewed carefully to ensure there are no view obstructions or confusion with other traffic control signs and devices. • The degree to which the proposed signage is integrated into a unified development concept, considering the building design, other signs, landscaping, traffic circulation, and other development features of the neighboring property,the frontage in which the venue is located and the District as a whole. Staff Comments: The MEV signs are strategically placed on the conceptual site plan to provide an appropriate level of visibility from the street without creating a nuisance for surrounding properties. The recommended conditions below ensure that the full sign package, including necessary directional and wayfinding signs, will be integrated in the overall development plan. Based on the staffs conclusion that the proposed MEV signs satisfy the standards above to the greatest extent possible, staff recommends approval of this request, with the conditions below. UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 11 11 CONDITIONS FOR MAJOR ENTERTAINMENT VENUE SIGNS 1. Signs shall be subject to the limitations and descriptions described in the narrative entitled, "Attachment(4), United States Management, LLC(USM), Virginia Beach Arena, Alternative Compliance Application," dated January 9, 2015. Said narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs, including structural elements,framing, and podium base of the freestanding signs shall be submitted to the Planning Director for review and approval prior to submission of plans for sign permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall-mounted sign shall be subject to time and decibel restrictions to be determined by the Planning Director during review of the plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's noise ordinances(Article 2 of Chapter 23, City Code Sections 23-63 et seq.), or any successor ordinance. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime(sunrise to sunset)and nighttime(sunset to sunrise)levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight second intervals. 6. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. 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. 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O U > � Tr.,- U w p UJ Ocrl w W v z Z _ z o a- a: > •ao X ao �ov=io §o b 73 Q 0 I-I b� 8NO V '8 00 0 � ItS 0— Un- I CIS PROPOSED BUILDING TRANSECT (SHOWING HEIGHT) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 23 ID ,V S)IJ2d it --lp ilt 4 ) --I � ► 1","'""11 C..,-'', 'i ri \,4r, me ,, , ,. „ .., . ___ -... . , r r J--14 1 rn rl I rj # M 1 0 / - ) : Q i -- ` II 0 4,..":" .. ,,,i.- mio 1 —J s ..I PP , PROPOSED MEV SIGN LOCATIONS i UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 24 , i i 1f . t: , % %AAA i *4'4' A • t �,. ; rrsw ' ,wi "*.I 0 , I *107 IR AIM 4 kii lilt11r Mt s k \ \ VP wt If i `, 'Ply ow or wider 4 4 0 ,‘, in:A.111:: ty4, ii ,, .........., t 411111:11.1111.161 l''' '*1 hill"* '- ',+ ate §,R ` -. EXAMPLE OF WALL-MOUNTED VIDEO SCREEN (FROM PINNACLE BANK ARENA, LINCOLN NEBRASKA) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 25 I. Ill I Attachment(4) Jan 9,2015 United States Management, LLC(USM) Virginia Beach Arena Alternative Compliance Application Major Entertainment Venue Signs: In addition to the numerous signs that will be required throughout the site to provide wayfinding and informational services to pedestrian,bicycle and motorist traffic,three major entertainment venue(MEV)signs will be required. The MEV signs may be utilized to provide the public with Arena,Convention Center and other significant resort area event information. The MEV signs will consist of two roadside signs located within site boundaries and adjacent to rights of way in order to provide the public with easy access to event and community information,as well as one plaza video display. MEV sign characteristics,specifications and locations will be carefully reviewed during the site plan approval process in order to ensure that all signage is compatible with the overall site and surroundings,and that no significant obstruction or impact is imposed on traffic control or safety. This process will also be informed by ongoing Kimley-Horn traffic and parking analysis and design work. The following are planned MEV roadside sign characteristics and specifications: 1. Locations.(As depicted in the site diagram below): Cctw'rPMA1 Sill Pt AN A MEV Thr Kt ' t/ i'"^ r' . Or \ .*0 0 - \41- li I Ell a. Near the intersection of 19 Street and Birdneck Road in the northwest quadrant of the site. b. Along 171h Street in the southeast quadrant of the site. MEV SIGN NARRATIVE UNITED STATES MANAGEMENT, LLC I Agenda Items 2(A) & 2(B) Page 26 1,11 w OUSM#1 Attachment(4) Jan 9, 2015 United States Management, LLC(USM) Virginia Beach Arena Alternative Compliance Application 2. Setback. Signs will utilize minimum setbacks of 15 ft. 3. Size. Signs would consist of a two-sided display of approximately 600 sf. 4_ Dimensions. Display dimensions would be approximately 20'H x 30'W. 5_ Height_Pedestal mounted up to 30 feet in height. 6. Pixel pitch,. 15mm. j 7. Display properties_ Displays may include static and animated text and images with an average dwell time of approximately 8 seconds. 8. Illumination levels. The following are maximum and minimum illumination levels in candelas per square meter(cd/m2 or"nit"). a. Day. 5,000-10,000 nits b. Night. 3,000-5,000 nits Additionally,a building-mounted MEV sign will be installed overlooking the plaza area that would be capable of displaying live sporting events or other entertainment to the public in areas adjacent to the arena and plaza,and would possess functionality similar to the video wall located in Lincoln,Nebraska adjacent to the Pinnacle Bank Arena as depicted below. ; rfy !III j .r 1iO lig "1117, 1011-LIA.L. The following are the planned MEV building mounted sign characteristics and specifications: MEV SIGN NARRATIVE UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 27 Attachment(4) Jan 9,2015 United States Management, LLC(USM) Virginia Beach Arena Alternative Compliance Application 1. Location.Mounted on the side of the building adjacent to the plaza. 2. Setback. Not applicable. 3. Site. Signs would consist of a single display of approximately 800-1200 sf. 4. Dimensions. Display dimensions would be approximately 25'11 x 45'W. 5. Jleieht.Wall mounted up to 30 feet in height. 6. Pixel pitch. 8mm. 7. Display properties. Displays may include static and animated text and images with an average dwell time of approximately 8 seconds,as well as continuously streaming video. 8. Illumination levels. The following are maximum and minimum illumination levels in candelas per square meter(cd/rn2 or"nit"). a. Day. 5,000-10,000 nits b. Night. 3,000-5,000 nits MEV SIGN NARRATIVE UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 28 Chapter 6.Site Development Sec.6.3 Signs Sec. 6.3 Signs 6.3.1 Sign Standards A.Intent;Findings,Establishment of Special Sign District I. The intent of the Oceanfront Resort District sign regulations is to: a. Encourage signage that enhances the overall aesthetics of the District by presenting an appearance that is both harmonious with,and integrated into,the settings in which it Is located so as to preserve and Improve the ambience of the District as a place in which to live and to work and as an attraction to residents and nonresidents who come to the Resort Area; b. Ensure that the public benefits derived from past and future expenditures of public funds for the improvement and beautification of the beach,the streets and public spaces are protected by preventing visual clutter caused by excessive or poorly placed signage;and c. Provide a reasonable,flexible,fair,comprehensive and enforceable set of rules that will foster a high quality visual environment to enhance the appearance of the Resort Area,while protecting the ability of business owners to identify their establishments. 2. The City Council finds that: a. Signs have a strong visual impact on the character and quality of a community.They are an integral part of the cityscape and,as such,can enhance or detract from the Resort Areas image and character.As a prominent part of the cityscape,they can attract or repel the viewer, affect the safety of vehicular traffic,and their suitability or appropriateness helps to define the way in which a community is perceived.Because the City of Virginia Beach relies on the attractiveness of the Resort Area to attract tourists and commerce,aesthetic considerations are directly related to economic value.Apart from economic considerations,however, a community in which signage is orderly and attractive,while at the same time serving the needs of businesses to clearly identify their location and the goods and services they offer to the public,is itself perceived as orderly and attractive. b. The appearance of the Resort Area was greatly enhanced through the adoption,in 1987,of sign regulations that largely eliminated signs that were too big,too numerous and competed with one another to attract attention, thereby resulting in unsightly sign clutter.The signage currently in the Resort Area Is a great Improvement over the signage In place prior to 1987, and the Resort Area and the City as a whole are a more attractive place for it. c. The City's current sign regulations address characteristics such as the size and number of signs,but do not address other characteristics,such as design and location,that are equally important to promoting an attractive Resort Area.Design standards for signage are used in many other localities that are known for their attractiveness and appeal to residents and visitors alike, 6—8 Oceanfront Resort District 10 JULY 2012 Virginia Beach.Virginia SEC. 6.3.1 A, SPECIAL SIGN DISTRICT, ORDFBC UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 29 Chapter 6.Site Devdopment Sec.6.3 Signs and have been well-accepted by both businesses and the general public as a means of enhancing the overall appearance and prosperity of the community. Providing incentives for businesses to display signage that conforms to voluntary design guidelines is an appropriate means of encouraging those businesses to use well-designed,highly attractive signs that harmonize with the buildings on which they are displayed,the surrounding neighborhood, and other signage in the area 3. The Oceanfront Resort District is hereby declared a special sign district,in which the provisions of this section apply. Oceanfront Retort District 6—9 Virginia Beach.Virginia 10 JULY 2012 SEC. 6.3.1 A, SPECIAL SIGN DISTRICT, ORDFBC UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 30 BEACH NIaps L-6,7 United States Management, LLC Map Not to Scale frifISIPIII41 1-/1 pp _ 10-k OR ._ ..--., fTA 264 w • 1„,„42s, ' • r 75 dB 1 7475 dB Ldn\ ' 1 --•3r,, .nr • l t � , . �, OR > , ' -21.4.,,, •.---A--. ___ :---1 , 4. - , _ ,,,___,, . .. ,, , 0 e \ _ ,111 10.10,A4'#-Id;1 Ill"- „fet j_::.,j_..... 1 2:1 ca , i, c,, z '/,- / 4://///- 4-00•000.1 ---(-0- , ife, /nv,sr, E , 4 } ri, ,, ,,„ .-mr/ ' •- , „(/,', , //, / .., ,e'y ' ef x, // ,/,, /,,i/ i a.,, to...0 w,c,;;‘,,,cirti / 111"•Z •:-..7, ;-='''''' ruLt . i."ny' le 114 1 ,s2----\--, - "41 b14-: 414 i•os.c..,' 'fokni �' ; 4,-.4. , � 2.4A' : i t rte' rAi '. 1 Wiftg‘ `a.44i 1i} .... * .oa l rte, 0.1 •Zoning with Conditione,Proffers,Open Space Promotion Alternative Compliance ZONING HISTORY # DATE REQUEST ACTION 1 10/4/2005 Street Closure(Jefferson Avenue) Approved 2 10/4/2005 Street Closure(Monroe Avenue) Approved 3 10/4/2005 Street Closure(Washington Avenue) Approved 4 10/4/2005 Street Closure(Norfolk Place) Approved 5 10/4/2005 Street Closure(alley east and west of Parks Avenue between 18th St Approved and 19th St) 6 10/4/2005 Street Closure(Parks Avenue) Approved 7 1/12/1999 Street Closure(alley between Virginia Beach Blvd and 18th St) Approved 8 9/28/1999 Change of Zoning (RT-3 to A-36) Approved 9 12/3/2002 Conditional Use Permit(church-expand parking lot) Approved UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 31 r4 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) see attached list 4 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 41 USM is a member of The ESG Companies family of companies and has no other subsidiary relationships. d (Check here if the applicant is NOT a corporation,partnership,firm,business,or other ® unincorporated organization. 1 � 4 4 Property Owner Disclosure 4 Complete this section only if property owner is different from applicant. 4 If the property owner is a corporation,partnership,firm,business,or other unincorporated organiza- tion,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) City of Virginia Beach 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant:(Attach list if necessary) iCheck here if the property owner is NOT a corporation,partnership,firm,business,or other unin- corporated organization. '&2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes n No n If yes,what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 32 I I II I 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) Please see attached list Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. J Certification I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification(postcard)that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the 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 ' A 1 Joseph E. Gelardi, Vice President Ap .=nt'• Signature Print Name .��.... �.. Doug Smith, Deputy City Manager Prope :Mt. Signature(if different than applicant) Print Name DISCLOSURE STATEMENT UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 33 Attachment(3) Jan 9,2015 *ISMMfa was nanmen.a United States Management, LLC(USM) Virginia Beach Arena Alternative Compliance Application 1. Applicant Disclosures. Key USM Officers: a. Edward S.Garcia,Chairman * b. Andrea M.Kilmer,President and CEO c. Michael F.Gelardi,Vice President for Construction Operations d. Joseph E.Gelardi,Vice President and Program Director e. Joshua D.Kellam,Vice President f. Valerie Wilkinson,CFO g. Brittany Williams,Assistant Secretary and Treasurer *Denotes controlling member 2. Additional Disclosures. The Virginia Beach Arena Project Team composition is as listed below as previously disclosed in USM's response to the City's Arena Solicitation No.CITY-14-0016 submitted on February 14,2014. In this regard,no individual contracts have been finalized,as these contracts are contingent upon the final terms and conditions within the Development Agreement with the City. This list is by no means comprehensive,as USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of City of Virginia Beach goals and any such contracts may not be negotiated until the final development agreement has been approved. a. Accountant(s): None have been selected at this time. CI?R�.jJ`'Cu-i VS I Sq—m)St t—PIN b. Architect&Engineers: Clark Nexsen AECOM 4525 Main Street,Suite 1400 1999 Avenue of the Stars,Suite 2600 Virginia Beach,VA 23462 Los Angeles,CA 90067 DISCLOSURE STATEMENT UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 34 *ISMAttachment(3) Jan 9,2015 United States Management,LLC(USM) Virginia Beach Arena Alternative Compliance Application c. Procurement Specialist: China Machinery Engineering Corporation(CMEC) No.178,Guanganmenwai Street Xicheng Dsitrict Beijing,China d. Construction Firm(s): Mortenson Constructions SB Ballard Construction Company 700 Meadow Lane North 2828 Shipps Corner Road, Minneapolis,MN 55422 Virginia Beach,VA 23453 e. Attorney/Legal Services Greenberg Traurig,LLP McGuire Woods Wilks,Alper&Harwood,P.C. Kaufman&Canoles f. Real estate broker(s): None g. Source of financing: Financing is being secured through a reputable international lender serviced through Wells Fargo with equity being provided by USM and its team. 2 of 2 DISCLOSURE STATEMENT UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 35 �� i a �"- / '. // - 'i (ft) Pr / 'A ''''/ -- . ..."1„..„01----r. /, , x ,f- , ,, 7:0;wr , / ,,,/,,v, s 1 ' - i �/t 11 J / / /// W ti Adk )•-4 . *4 7:21IF fir rip„I AT„,- ,. e ,, , Ada Air A V.,/ / , / . . 1 •% , , ,.."Ar- r -- A v 4010 ,\ ir ., ifir./,‘IT / , --,,t‘ ArrAiii. \%4 a um 0 A--- - A„/ / i/, .'4.ii;0641630/200-0, .v, 4$ AO t 44 ...--i .------- / . ---z- . vollitvor,'W410,400_ 1,0 ett•TO S 1-4 ,,r, ----- - rr fp rfri---tr,40,or ',.: 0 ree,AT. 4 0 •4114 ,Aporrio',,, /,, / ''''..4741k.4 41, / tiliPlirfo011il %.1 •PIO r - . //a 7/ 11PArif" ---- -,-- r , , Or Ir. , ;#",„ e = r _--- --,---- Arr ,410.401 / / Ifr 1447404..At. -I , / • , . ,,, \'w!iar '111P ..f..:2„ 4/11, ,„.. ,-.,,, vir-„, oi ct-o : . - 110, vo,v,,r 1/- A.0, OP • Ae.-- 4-0,-, -,. - / w _ 440.,• - x • 4i, , 410. le, po io, ....4. „, 001,440.._, . ,, V. iici,- ,--- _OA ___•) ., / -i 0..) ,it :4..1,74/ rot amr._____,044--Ar-,-,144---tir 0/ r 'e.,,,, ..or ,..„--- - ,__._. t._., cio ir- ----/ ,' e's 1r - ----/-/ ". i'',. 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'',,, ------I . ik 1" \----- _, . • II I �`r4r,`�',�w •ysy i7 �..�� a �`:.-": i ��V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHESAPEAKE BAY DISTILLERY, LLC (Applicant) / HOTLINE ENTERPRISES, LLC (Owner), Conditional Use Permit (Craft Distillery). 437 Virginia Beach Blvd (GPINs 2427065699; 2427065658). COUNCIL DISTRICT — BEACH. MEETING DATE: February 17, 2015 • Background: The applicant requests a Conditional Use Permit to operate a craft distillery. Chesapeake Bay Distillery was founded in 2005, and currently operates a distilling facility in Virginia Beach at 2669 Production Road. The applicant has outgrown that site, and desires to increase the production space by adding a second location at the subject site. Also, the current location is in an industrial park with minimal traffic, and the applicant desires to develop a retail shop that would increase awareness of the product. Craft distilleries are defined in the proposed text amendment to the City Zoning Ordinance as follows: A facility that produces and distributes spirits, as defined in the Alcoholic Beverage Control Act, in quantities not exceeding five thousand barrels (5,000 BBL) per year and at which such spirits produced at such facility are served to customers for on-premises or off-premises consumption. ■ Considerations: The building located on the site is a one-story with a half-story mezzanine, and until recently, housed Hotline Surfboards. The building is situated at the northwest corner of the lot, and is set back approximately 5 feet from the right-of- way along Virginia Beach Boulevard and 10 feet from the right-of-way along Baltic Avenue. The applicant proposes to remove interior portions of the mezzanine in order to increase the height of the first-floor ceiling and accommodate distilling equipment. Separate rooms will be built for distilling and retail sales. The production space would encompass 3,370 square feet of the building's floor area. The retail store would be 500 square feet, and the mezzanine would be 650 square feet. ABC Board regulations for distillery stores limit the hours of operation to Monday through Saturday, 10 a.m. to 10 p.m. and Sunday, 1 p.m. to 6 p.m. In addition, the store must be closed on Thanksgiving Day, Christmas Day, and New Year's Day. II CHESAPEAKE BAY DISTILLERY Page 2 of 3 Further details pertaining to the use, its compatibility to the surrounding area, 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, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. The site shall be developed in substantial conformance with the plan entitled "Chesapeake Bay Distillery LLC," and dated 12/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. A sign package shall be submitted to the Planning Director for review and approval before any sign permit is issued. All signage on site shall comply with the sign standards in Section 6.3 of the Oceanfront Resort District Form-Based Code. 3. Delivery trucks shall not encroach into the public right-of-way while parked on-site. 4. The existing fence and landscaping along the eastern and southern property lines shall be maintained in good condition or replaced with Category VI landscaping in accordance with the City of Virginia Beach Landscaping Guide. 5. Any dumpsters on site shall be screened and landscaped in accordance with the Landscaping Guide. 6. The existing street front landscaping on the site shall be maintained in good condition or replaced in accordance with the Landscaping Guide. 7. The hours of operation for the retail store shall be Monday through Saturday, 10 a.m. to 7 p.m. and Sunday, 1 p.m. to 6 p.m., or as further limited by any relevant license granted by the Virginia Alcoholic Beverage Control Board. 8. There shall be no live or recorded outdoor entertainment. 9. The shopfront windows on the northern façade shall allow views into the ground story for a depth of at least 6 feet. CHESAPEAKE BAY DISTILLERY Page 3of3 10.The business shall not participate in the Residential Permit Parking Program (RPPP). • 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 Manage 41.11b4 BEACH 7 li'b . Chesapeake Bay Distillery,LLC • �, s = , January 14, 2015 Public Z ; , - oh Hearing d"� �V 't�R � b: v j 1 • \ '3M/I ria ' \ . . -- ; , APPLICANT: \ . pato CHESAPEAKE OR + , 4 t t t. R"{±,.; - dR, BAY DISTILLERY . , , 4:41::: 1 ' ‘ ,1,'\. y k LLC / r ;aAZ , 0 y1e4E � PROPERTY OWNER: ,i ; .,,,. HOTLINE •INN*MO CwrcasPw/br+.Opal SPcr/�Men �� �= . ......-,---\._,----CUP-Craft Dlsidlery` ENTERPRISES, LLC STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit(Craft Distillery) ADDRESS/DESCRIPTION: 437 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270656990000 BEACH 14,000 square feet 65-70 dB DNL (Sub-Area 1) 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to operate a craft distillery from the former Hotline Surfboards building at the southeast corner of Virginia Beach Boulevard and Arctic Avenue. The applicant proposes to use the existing building and renovate the interior to create separate production and retail spaces. The applicant would sell distilled spirits produced at the distillery for off-premises consumption, and would also conduct controlled tasting events on the premises. The ability of the applicant to apply for this Use Permit is dependent on a proposed amendment to the City Zoning Ordinance authorizing craft distilleries as a conditional use in the OR Oceanfront Resort District, as well as the B-2 Community Business District, B-3 Central Business District, B4-C Central Business Mixed Use District, and the I-1 Industrial District. That amendment will be heard at the same public hearing as this Use Permit request, and the amendment must be approved prior to this Use Permit request being acted on. CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 1 I Distillery stores are defined by the Department of Alcoholic Beverage Control as"government stores located on a distiller's premises, operated by the distiller as agent for the Department for the purpose of selling distilled spirits". As such, distillery stores are operated as distiller-specific ABC stores, and must adhere to strict requirements for store operations, record-keeping, employee training, advertising, and inspections. Subsection G of§4.1-119 also authorizes distillery licensees to conduct organized tasting events, wherein customers may consume up to three, one-half ounce samples per tasting event per day. The licensee is responsible for ensuring that customers adhere to this"one customer tasting per day" policy. ABC regulations prohibit the distillery store licensee from selling spirits to other ABC licensees, and thus the licensee cannot sell their product to bars or restaurants. Also, only spirits distilled on the licensed premises may be sold at the store. This requirement contrasts with more flexible state regulations for craft breweries, which allow brewers to sell beer in their tasting rooms that is physically manufactured off-site through license agreements with other firms. Application Details Chesapeake Bay Distillery was founded in 2005 and currently operates a distilling facility in Virginia Beach at 2669 Production Road. The applicant has outgrown the current site, and desires to increase the production space by adding a second location at the subject site. Also, as their current location is in an industrial park with minimal traffic, the applicant desires to develop a retail shop within the existing building at the subject site to attract customers and increase brand awareness. Craft distilleries are defined in the proposed text amendment to the City Zoning Ordinance as the following: A facility that produces and distributes spirits, as defined in the Alcoholic Beverage Control Act, in quantities not exceeding five thousand barrels(5,000 BBL)per year and at which such spirits produced at such facility are served to customers for on-premises or off-premises consumption. The production limit of 5,000 barrels per year is similar to zoning regulations adopted by other localities in the Commonwealth for craft and micro distilleries. In addition, the ABC Board has a license fee schedule based on annual production, with licensees producing less than 5,000 barrels per year paying a reduced fee. Site Plan and Building—The site consists of two adjacent 50' by 140' recorded parcels, which together constitute a 14,000 square foot(1/3 acre) lot. The existing structure is a one-story building with a one- half-story mezzanine, and until recently, housed Hotline Surfboards. City records indicate that the building was constructed in 2000. The building is situated at the northeast corner of the lot, and is set back approximately 5 feet from the right-of-way along Virginia Beach Boulevard and 10 feet from the right-of- way along Baltic Avenue. The building exterior is wrapped with shingles, and has a peaked mansard roof with two levels of slope. The lower and shallower slope of the roof is punctuated by a dormer window system, which provides light in the mezzanine. With the exception of a new overhead door on the southern façade and a new vent near the peak of the roof on the northern facade, no structural changes to the exterior are proposed. The applicant proposes to remove interior portions of the mezzanine in order to increase the height of the first floor ceiling and accommodate distilling equipment. The interior would be renovated to create separate rooms for distilling and retail sales. The production space would encompass 3,370 square feet, or 75 percent of the total building area. The retail store would be 500 square feet, and the remaining mezzanine would be 650 square feet. Access, Circulation, and Parking—Vehicles enter the site via curb cuts along Baltic Avenue and Virginia Beach Boulevard. The site currently has 19 vehicle parking spaces on the eastern and southern sides. One of these parking spaces would be used for a screened recycling dumpster. Pedestrians would access the site from the sidewalk along Virginia Beach Boulevard. ,'(; - I , CHESAPEAKE BAY DISTILLERY, LC ' Agenda It . 7 Pane 2 Landscaping—The site currently contains a mixture of evergreen shrubs, palm trees, and tall ornamental grasses along the western and northern building façades. In addition, an existing row of five-foot shrubs and a six-foot privacy fence provide screening along the southern property line. Except for a row of foundation shrubs to screen the proposed dumpster, no additional landscaping is included with this application. Hours of Operation—ABC Board regulations for distillery stores limit the hours of operation to Monday through Saturday, 10 a.m. to 10 p.m. and Sunday, 1 p.m. to 6 p.m. In addition, the store must be closed on Thanksgiving Day, Christmas Day, and New Years Day. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial retail building and associated parking and landscaping SURROUNDING LAND North: • Virginia Beach Boulevard USE AND ZONING: • Commercial retail /OR Oceanfront Resort District South: • Residential dwellings/A-12 Apartment District East: • Automobile Repair/OR Oceanfront Resort District West: • Baltic Avenue • Vacant commercial retail (recently granted a Use Permit for an eating and drinking establishment)/OR Oceanfront Resort District NATURAL RESOURCE AND The site is located in the Owls Creek Watershed. There do not CULTURAL FEATURES: appear to be any natural or cultural features of significance on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Urban Area - Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, with strengthened neighborhoods and increased economic growth (p. 2-28, Policy Document). Further, the site is located within the Central Beach District of the Resort Area Strategic Action Plan (RASAP), which is evolving into an arts district. 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard at this location is a four-lane undivided minor urban arterial. Virginia Beach Boulevard has a variable width right-of-way. The right-of-way width is 75 feet at this location. The Master Transportation Plan shows a four-lane road with a 100-foot right-of-way width and a shared-use path. There are currently no CIP projects for Virginia Beach Boulevard at this location. Baltic Avenue in the vicinity of this site is a two lane collector. Baltic Avenue has a 60-foot wide right-of-way. Baltic Averlug is r CHESAPEAKE BAY DISTILLERY,., LC Agenda It 7 II not included in the Master Transportation Plan. There are no CIP projects for Baltic Avenue at this location. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beacht 14,800 ADT 1(LOS 4"C") Existing Land Use Boulevard 9,930 ADT 27,400 ADT 1 (LOS 4"E") -200 ADT No counts 6,200 ADT 1(LOS 4"C") Proposed Land Use 3 Baltic Ave available 11,100 ADT ' (LOS 4"E") - 100 ADT 'Average Daily Trips las defined by 4,520 SF Specialty Retail Center 3 as defined by 3,370 SF General Light Industrial+ 1,050 SF Specialty Retail Center 4 LOS=Level of Service WATER AND SEWER: This site is currently connected to the City water and sewer system. The existing 5/8-inch meter(City ID#95003041)can be used or upgraded to accommodate the proposed development. Analysis of the HRSD 29th Street Pump Station and the sewer collection system is required to ensure future flows can be accommodated. • • EVALUATION AND RECOMMENDATION The site is located within the Central Beach portion of the Resort Strategic Growth Area (SGA), which is one of the City's eight Strategic Growth Areas. Projects within the Resort SGA are evaluated for consistency with the Resort Area Strategic Action Plan (RASAP), which guides the pattern of future land uses in the Oceanfront. The RASAP identifies the following development strategies that are relevant to this application: • Create great districts with distinctive identities; concentrate retail The site is located within the Central Beach portion of the Resort SGA, which is evolving into an arts district. A small-scale distillery would complement the recently approved restaurant immediately across Baltic Avenue from the site, which will specialize in craft beer. Also, the site is seven blocks away from a microbrewery on Norfolk Avenue. Thus, the Central Beach and surrounding area are arguably developing a fledgling craft beverage core that contributes to a distinct, district-level identity. • Continue to focus on achieving a "Year-Round Resort" The applicant has stated that the distillery and shop will be open year-round, with extended store hours during the summer months. • Create a transition from the Resort Area to the neighborhoods A craft distillery and its associated ABC store are low intensity uses, and the proposed hours of operation are more limited than those normally associated with establishments holding a mixed beverage license, such as a bar or restaurant. For example, the Conditional Use Permit authorizing the eating and drinking establishment immediately across Baltic Avenue from the subject site limited the hours of operation to Sunday CHESAPEAKE BAY DISTILLERY,± LC Agenda 1t, 7. Pie4 . 11 through Thursday, 11:00 a.m. to 12:00 a.m. and Friday through Saturday, 11:00 a.m. to 2:00 a.m. By contrast, the distillery is only authorized by ABC to remain open Monday through Saturday, 10 a.m. to 10 p.m. and Sunday, 1 p.m. to 6 p.m. Summary The site is located approximately 43 feet from an A-12 Apartment District, which the Oceanfront Resort District Form-Based Code designates as a 'Protected District.'Thus, the applicant has diligently worked with the Resort Beach Civic League to address concerns regarding the appropriateness of the site for the proposed use. The Civic League voted to support the application with a list of recommended conditions, which have been included on Page 7 of this report. These conditions differ slightly from Staffs recommended conditions, as Staff, in its drafting of conditions, must ensure that the conditions are consistent with the Zoning Ordinance and Comprehensive Plan, are directly related to the requested use, and can be reasonably enforced by the Zoning Administrator and Staff. Staff finds that the proposed craft distillery is acceptable. The ABC Board limits the hours of operation for distillery stores, and the amendment to the Zoning Ordinance for Craft Distilleries would incorporate by reference the conditions of the applicant's ABC Board license into the Conditional Use Permit. The Zoning Ordinance amendment also limits live music to the interior of the building. As an additional measure to ensure compatibility with the adjacent neighborhood, Staff has recommended conditions requiring maintenance or replacement of the existing fence and landscaping along the southern lot line that is shared with the Protected District in order to ensure a physical buffer from the adjacent neighborhood. This use will blend well with other new uses in this area of the Resort SGA and will contribute to the level and type of activity envisioned by the SGA Plan for the Resort. A currently vacant building will be 'brought to life'through this creative use. Given these considerations, Staff recommends approval of this request with the conditions below. • CONDITIONS 1. The site shall be developed in substantial conformance with the plan entitled "Chesapeake Bay Distillery LLC," and dated 12/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. A sign package shall be submitted to the Planning Director for review and approval before any sign permit is issued. All signage on site shall comply with the sign standards in Section 6.3 of the Oceanfront Resort District Form-Based Code. 3. Delivery trucks shall not encroach into the public right-of-way while parked on-site. 4. The existing fence and landscaping along the eastern and southern property lines shall be maintained in good condition or replaced with Category VI landscaping in accordance with the City of Virginia Beach Landscaping Guide. 5. Any dumpsters on site shall be screened and landscaped in accordance with the Landscaping Guide. j ! a CHESAPEAKE BAY DISTILLERY,:_ 'LC Agenda Its 7 5 11 6. The existing street front landscaping on the site shall be maintained in good condition or replaced in accordance with the Landscaping Guide. 7. The hours of operation for the retail store shall be Monday through Saturday, 10 a.m. to 7 p.m. and Sunday, 1 p.m. to 6 p.m., or as further limited by any relevant license granted by the Virginia Alcoholic Beverage Control Board. 8. There shall be no live or recorded outdoor entertainment. 9. The shopfront windows on the northern facade shall allow views into the ground story for a depth of at least 6 feet. 10. The business shall not participate in the Residential Permit Parking Program (RPPP). NOTE:Further conditions maybe 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. CHESAPEAKE BAY DISTILLERY,- LC :Agenda It 7 P,a 6 11 I TO: Graham Owen,City Planner CC: Kristine Gay,City Planner Chris Richeson,Chesapeake Bay Distillery,LLC SUBJECT: January 14,2014 Planning Commission Agenda Item#7 Chesapeake Bay Distillery,LLC/Hotline Enterprises,LLC Conditional Use Permit(Craft Distillery),437 Virginia Beach Boulevard The subject property is located within 100'of a Protected District;it is adjacent to and north of that portion of the historic Lakewood neighborhood that is within said protected district. It is also located in one of the few blocks in the resort area where there is no alley between the commercial properties on the south side of 17th Street and the residential properties on the north side of 16th Street. Our vision of vibrant neighborhoods that support and promote the resort as a first-class year-round destination depends on mitigating current and avoiding additional challenges. For these reasons,we urge great care and precaution before granting any CUPS in this portion of the Oceanfront Resort District. This application is consistent with the upsurge in this area of small,locally owned artisan-type businesses offering tmique and superior quality products,which we support. To facilitate this use while protecting the adjacent neighborhood,the Resort Beach Civic League respectfully requests the following conditions: 1) The hours of the retail operation of the Craft Distillery shall not take place outside of the hours of 10:00 a.m.to 7:00 p.m.any day of the week. 2) Retail sales of alcohol shall be limited to spirits produced on-site. 3) Individual bottles sold from the retail operation shall be no less than 750 milliliters,except for 50 milliliter bottles for promotion of new products not to exceed 30 days and not to exceed 3 times per year. 4) Service and delivery trucks shall access the property only by turning off 17th Street,south onto Baltic Avenue,turn left into the property and stop for service/delivery,then turn north and access 17th Street/Virginia Beach Boulevard from the property to exit the area and between the hours of9:00 a.m. and 5:00 p.m. 5) The business shall not participate in the Residential Permit Parking Program. (This adheres to the current city code Section 21-354,"Annual business parking permits shall be issued by the city treasurer's office or the city's parking systems management office to businesses licensed to operate in city meter- regulated parking areas.") 6) Tastings shall only take place inside the building,except for city-approved special events. 7) There shall be no live or recorded outdoor entertainment,except for city-approved special events. Thank you for your consideration, Resort Beach Civic League Board Brian Helm,President Mike Metts,Immediate Past President Brad Capps,Vice President Sandy Talley,Treasurer Barbara Clark,Secretary CONDITIONS REQUESTED BY RESORT BEACH CIVIC LEAGUE CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 7 11111 J _ 1,44, -' O • .\.� • ti 43 d =.... ;r ./ 4 .. - •-0 S • ' 7 - rt , \/40/,:,,, k),/ -a ''' - ' 0 ��'f c9 — i 7 c r . . & �� ,. ...1 t 1I, i 7„," 1f v � � m = '1 � L) ' - Q t', ,0._i 1y ; a 4 / , . ;::: CO 4 .,,,i0v , • -, , . 0 j 3 ; .z ,,,. - „ -, . c,,,. . ! . ,.., . ,,,, tD ., ... „,., .. , t ., p �f' - -:' f • 7 , „' , . / • fir' ' ''' ' ,. t � • t oP�. i _.. t I, _ :. .„ r . . ,.......„., . .. .... , , , . . . : . i „ . , _ -7 , , . . „, .. ti, - „,„„ 3' 1 A . 2 m °` , U AERIAL OF SITE LOCATION L", I CHESAPEAKE BAY DISTILLERY, LLC '.,:c.,2:. , Agenda Item 7 i_ '1 Page 8 `t. p. 5 e P 1 VIRGIN/A BEACH BOULEVARD (VAR/ABLE R/W) r I1/per Sar L—.. LAWC 4&I] --"''1. 9 SP II'NW Tear 4: 1 1/2 STORY FRAME /437 5180 CS N11 PROPOSED 9 I SI MANUFACTURING ,,I ` 3370 SF : �I A RETAIL S00 SF MAIN •n..,NOM MEZZANINE 650 SF LOT 18& MC O R ,m 4320 TOTAL Z4 — LOT 20 I'NM LOT 75 18 PARKING SPACES ARCA= O£ALY/PLAZA WC 14.0X SF (MO 1.PC TO) I ZONED OP J ki, al Q Mar 1 V DELNERIES LOT 20 OVERHEAD DOOR LOT 18 "ir" v GRIN: 2427-06-3658 GRIN: 2427-06-5699 (N48 I.PC 20) (MB I.PG 20) PR0PO5ED SCREENED 1104'a I *■ RECYCLING DUMPSTER ' -.�_9 p..�_.. 100.00'IDA) _..j *1r awan•arucar I I '— I- 1�•mom. 01.00 �. NV, I I LOT 75 �r•wr my row i DOSS. 17,9.1•5J OC11N(Y C MURPHY I ( (MO 7.PC 7O) ZONED..411 COT 79 LOT 17 MAPON.(LESICTNV5P1 a MOW?WC SV(N-MAfV(L(SX.,TA'SYL (MO C PC 24) /4IO I.PC v) 11:49872-AL2 ZOVEO:AL2 GRAPHIC SCALES 0 4 8 18' 48' 1/16-=1'-C- T CHESAPEAKE BAY DISTILLERY SUBMITTEDVOL-7 7919 REVIEW 437 VIRGINIA BEACH BLVD VIRGINIA BEACH,VIRGINIA 2406C7R4 I PROPOSED SITE PLAN Iui. _v .',� CHESAPEAKE BAY DISTILLERY, LLC z, ik Agenda Item 7 2 Page 9 b= G 2 14'4- � a 46i ir°"" �' S OI 51) -',.,\ t l , : ' ' /// .1 � ' S ! g. t 'I t '', r',!iii , - 1I st .........................s.....,,..„...:,..' ', , .._....,. ..... . .._ ._. ,.., r,... . , , ... � _ 11 ` .„, 411111t I. . I ,, . 4 in '14 MAIN ENTRANCE (EAST ELEVATION) 1,1 tc CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 , .. l'' Page 10 ¢-=- � �� , oma° � 't_ F ro NPS\C;', 1 1 i1 . .. , ..,... .. . .. .,.._._ .,.. , . , . ... _ „ . , , II ..:. .f i ' ,,- .• •--' 4-. '- '' - - 2 I .• - .. h.• . 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L , i� ii-,!:-./„.../. ..,,'' ,- � � � �-� � � ?'�,` � ►►fit� "1' � . t �s T 1 • 4i ,-t-:--',:-44--;: d k y h }{R� b f 16 • 44 - „,1`: -41-21 t >" 1tii Yt -' r r t ♦ _wx..,f ti 1 j• � A • L ypj 1 f'' _ if I t l 4 k� I !fp ,I. jkc :., . • R r_ �� -"ill , , WEST ELEVATION (FACING BALTIC AVENUE) CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 12 `- �' BEACH iap,N1-6 Chesapeake Bay Distillery, LLC It{ap - A '. , 40.§*,,,\ ,,\''' ,„ - Alt, ,o, ..-16, ''.10.416_,- ,' \ - • -,.,, \ $ - ,, . k. 11,_ .0, iii ,..1-41A\ ‘ a VAk NI CNOI �> \ ,\ GH B` \Bp, ��o � ! • M., A t \ 'V% t6' , ‘ V.r. . ','-1/4 :- Ikli‘ \ 1M:4,401,141. 1 11 . • • ' j‘ .4 e°' ' • .'1 ill.k*AV A * \ *IN*PrO‘ .'* 'I& `'N,‘ !k.' .0 �u • w'1� �L t . y o i ' AlSsn 1,0340,\•• Qh a 16%11 h \ 6t 'A 2\ . '' '. ..\\\ `� )1111,<'- ' . I ' 1� ., HST 1 S so 0 ' • , s 'Zoning with Conditions Proffers.Open Space Promotion CUP-Craft Distillery ZONING HISTORY # DATE REQUEST ACTION 1 10/07/2014 Conditional Use Permit (Eating and Drinking Establishment within 100 Approved feet of a protected district) 04/13/2010 Conditional Use Permit (Small Engine Repair) Approved 2 05/08/2012 Change to a Nonconforming Use Approved 08/08/2006 Change to a Nonconforming Use _ Approved 3 12/07/2010 Conditional Use Permit(Automobile Museum) Approved 4 10/08/2002 Change to a Nonconforming Use Denied 5 04/28/1992 Change to a Nonconforming Use Approved G. ' CHESAPEAKE BAY DISTILLERY, LLC ',2. , Agenda Item 7 `'; 1 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) Chesapeake Bay Distillery, LLC: Chris Richeson, Managing Member; Hank Richeson Christ St. Clair, Chris Garrett & David McDonald, Members 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) r- 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) Hotline Enterprises, LLC: Cammi Collins, Manager 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) EjCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or ermloyee 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 CHESAPEAKE BAY DISTILLERY,: LC :Agenda It . 7 .* P 14 9' 4 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 .4 services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) .4 Sykes, Bourdon, Ahern & Levy, P.C. Lemole Pointon Architects MSA, P.C. i4 4 1 "Parent-subsidiary relationship" means"a relationship that exists when one 4 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. j i 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 4 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. IP I understand that, upon receipt of notification(postcard)that the application has been scheduled for 4 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 u••-• : • consents to entry upon the subject property by employees of the Department of Rai,'" • ••= •gr-ph and vi the site for purposes of processing and evaluating this application. i� Chris Richeson, Mg Member p u t1t Signature Print Name _ Cammi Collins, Manager roperty Owner's Signature(if different than applicant) Print Name , I 1 rnn,4ahh.,.,ei I i..e D ....if n....u...".... DISCLOSURE STATEMENT CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 15 11 FINANCIAL DISCLOSURE STATEMENT What financial institution(s) [bank, credit union, mortgage company, etc.] is or will have a financial interest in this project? • Source of financing for sale/lease or purchase of property: (Bank) Proposed: Southern Bank and Trust but still searching for the best deal • Real Estate Broker Mike Roach, Dynamic Realty • Lienholder/ Collateral on the property: Proposed Southern Bank • Source of financing for project: Private equity and current operation • If there have been any discussions with a financial institution with regarding to loans to be secured to finance any aspect of this project, please provide the name of those institutions: Southern Bank and Trust, Wells Fargo, Bank of America, Fulton Bank, Towne Bank • Contract Purchaser: Chesapeake Bay Distillery • Ongoing relationship with any financial institution: Southern Bank and Trust, Wells Fargo CHESAPEAKE BAY DISTILLERY, LC "-Agenda It 7 Pa 16 11 Item #7 Chesapeake Bay Distillery, L.L.C. Conditional Use Permit 437 Virginia Beach Boulevard District 6 Beach January 14, 2015 REGULAR An application of Chesapeake Bay Distillery, L.L.C. for a Conditional Use Permit (Craft Distillery) on property located at 437 Virginia Beach Boulevard, District 6, Beach. GPIN: 24270656990000. CONDITIONS 1. The site shall be developed in substantial conformance with the plan entitled "Chesapeake Bay Distillery LLC," and dated 12/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. A sign package shall be submitted to the Planning Director for review and approval before any sign permit is issued. All signage on site shall comply with the sign standards in Section 6.3 of the Oceanfront Resort District Form-Based Code. 3. Delivery trucks shall not encroach into the public right-of-way while parked on-site. 4. The existing fence and landscaping along the eastern and southern property lines shall be maintained in good condition or replaced with Category VI landscaping in accordance with the City of Virginia Beach Landscaping Guide. 5. Any dumpsters on site shall be screened and landscaped in accordance with the Landscaping Guide. 6. The existing street front landscaping on the site shall be maintained in good condition or replaced in accordance with the Landscaping Guide. 7. The hours of operation for the retail store shall be Monday through Saturday, 10 a.m. to 7 p.m. and Sunday, 1 p.m. to 6 p.m., or as further limited by any relevant license granted by the Virginia Alcoholic Beverage Control Board. 8. There shall be no live or recorded outdoor entertainment. 9. The shopfront windows on the northern façade shall allow views into the ground story for a depth of at least 6 feet. 10. The business shall not participate in the Residential Permit Parking Program (RPPP). A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 7. 11 Item #7 Chesapeake Bay Distillery, L.L.C. Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 7. Eddie Bourdon appeared before the Commission on behalf of the applicant. Barbara Clark appeared in support. = -3441t:Lj5-URI le a %se :: , itlx4104, ‘T. ' ° t 4ter° U N = la i . (3 1114111%, Nre4ea,_ gratibbk via Q:___qz 0 .iit ..--)11, / /.. ,____ 1111 - telpirt---raC, 161/ 0 g A ,_ V = tim if 0 ; . ,,t,.... ' 444:14.1::-..„-111#1116, ` 4 OD /It I f t V; C i SRI& il 0 E $ it (3 ,4 °' qlOt° 1" riliCit; er 4 Op ill I< cm V/ 10 r : r 1 tet? • L -ic? < * ',dire '' - Ar. bii, ...„nt"--7......: ..... g:::1 2;) $ e.• ..o- . rz- N,....\, .. ,,, ‘ , , , aw 4,, t- - • _ ...., * , , ; cj* Nor CC ' /111111114 - ''' 4#. 44. \\.. \ 2 1 / .6 .4' i A•poi �\ a z r.. Q su wog Il'i 0i N Z o • m icC4 Cq t i1 C' <(/) rl O ^` A W c W *;'v3 • u Z . \rI.4: 1. g G. i''' \\ * iiN I II fi e t evr i s i4sL` r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH DEVELOPMENT AUTHORITY, Modification of Proffers, originally approved by the City Council on June 13, 1988, and last modified on June 25, 1996. Parcel is located at the northern corner of the intersection of General Booth Boulevard and Corporate Landing Parkway (GPIN 2415228645). MEETING DATE: February 17, 2015 ■ Background: The subject site is located within the Corporate Landing Business Park, and will be developed by the Green Flash Brewing Company. Land use and development within the Corporate Landing Business Park is controlled by the proffers associated with the 1988 rezoning of the property to Conditional B-2 Business and Conditional I-1 Light Industrial Districts, as well as several subsequent proffer modifications. The regulations of those two districts apply; however, a number of the zoning district regulations are supplemented and superseded by the proffers, including a proffered Master Zoning and Land Use Plan as well as Design Criteria. The development site for the Green Flash Brewery is located in an area of Corporate Landing that is designated by the Master Zoning and Land Use Plan as `R&D.' The proposed development is consistent with the applicable use, dimensional, and design regulations associated with the R&D zone, with the exception of the following: o Parking Lot Yard Setback -- A 20-foot minimum yard setback is required between the parking lot and the wall of the proposed building. The site plan shows only 7 feet between the wall and the parking lot. o Building Height -- The maximum allowable height in the R&D district is 35 feet; however, as indicated on the exterior architectural elevation plans, the highest portion of the building is 40 feet. The two dimensional requirements above are specified in the Corporate Landing Design Criteria, which are proffered as part of the original rezoning and its subsequent modifications. Accordingly, the applicant is requesting modification of the proffers with regard to the two dimensional requirements. The modified minimum requirements will apply only to the subject site for the Green Flash Brewery. I -7-4849111 064 i i4ik- .:4:14,A::-.". 1 m0 ,, .....,,,,,.. 1111111111 ,.._ Umi i - 1' 1 vrip 4,. hili, o 4111 —11111111,i ! 2 / � rte, l �! . --.----i' -ft_41fij -.'"L"j'i) 1,-...u.: 0 iii .._4111141111 1114, / Alliku / .'t / Llig Q 41j f ° r . Cf-**4 al is * '' ' ,-4"Irlic 1q41,17.„7 i im) [1f, 09 ,,,iimr .t' ii-i;r , , .0 \-- 0 ' • ' tf : L, i ittiva- 4 b • •E � _ . f-------:„.... 77" 1110t14.74.:/,,,, ias IV/ .0 , ,.,, , , " .dir � CO ► 'tet' ` r 11�' r �r ;ii ...... 1 'r-•-•._, N '' kr., , , , ,CW 1 iP': 'it1/4 * = < ' $ e er ' \ • *, * 4 '-- 4' /3 I' ' °It CI 0 - / $ \ , \ / (*tik, gill 11111114 0 !' CI ‘__,koirio IC g mom il Li..4 • \ oki4 a. e 04104 st- 42.04 (4 . au v Z c" imm Ovr 11 CO 41. al; iZ * M '':11 c tit . !" •re ,.. a. i * PRINCESS ANNE ,1a I;: o.»[-Ioal Virginia Beach Develo ment Authority 3 11• AGI .. Act ••. ,.. February 11, 2015 Public } Hearing 11• AG2 APPLICANT: •.,. 11., • 11` VIRGINIA BEACH y + ' % � Esq y / DEVELOPMENT •••• •••82 `% 'j1* �'� A18 70- a i . �d �� �° AUTHORITY 70-75'dB I do r� „� CONTRACT PROPERTY OWNER: 7 A ' ',//42 THE MILLER . WM CyA,w„a,,,Spat I'roar A7odification of Conditions GROUP STAFF PLANNER: Stephen J. White REQUEST: Modification of Conditional Change of Zoning originally approved by the City Council on June 13, 1988, and modified in 1989, 1993, and 1996. ADDRESS/DESCRIPTION: Northern corner of the intersection of General Booth Boulevard and Corporate Landing Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24152286450000 PRINCESS ANNE 9.116 acres 70 to 75 dB DNL 4 BACKGROUND / DETAILS OF PROPOSAL Background The subject site is located within the Corporate Landing Business Park, and will be developed by the Green Flash Brewing Company. Land use and development within the Corporate Landing Business Park is controlled by an original set of proffers, dated June 13, 1988[DB 2845, PG 1773], and subsequent modifications to those proffers in 1989 [DB 2850, PG 1127], 1993 [DB 3307, PG 937], and 1996[DB 3633, PG 774]. Corporate Landing is zoned Conditional B-2 Business and Conditional I-1 Light Industrial Districts, and the regulations of those two districts apply; however, a number of the zoning district regulations are supplemented and superseded by the proffers, including a proffered Master Zoning and Land Use Plan as well as Design Criteria.The Master Zoning and Land Use Plan shows the location of the Business Park's 'districts,'which are as follows: • MXD Mixed-Use Development • MDO Medium Density Office • R& D Research and Development VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 1 11 Each of these districts has specific requirements pertaining to site design, building design, landscaping, site amenities, and signage. Details The Green Flash Brewery Company is being developed on an area of Corporate Landing that is designated 'R&D.' The proposed development is consistent with the applicable use, dimensional, and design regulations proffered for the site,with the exception of the following: • Parking Lot Yard Setback—A 20-foot minimum yard setback is required between the parking lot and the wall of the proposed building.The site plan shows only 7 feet between the wall and the parking lot. • Building Height--The maximum allowable height in the R&D district is 35 feet; however, as indicated on the exterior architectural elevation plans, the highest portion of the building is 40 feet. 4 • IMPACT ON CITY SERVICES There is no impact on City services as a result of the modification of the proffers applicable to the regulation of height and setback in the R&D district within the Corporate Landing Business Park 4 • EVALUATION AND RECOMMENDATION The brewing of beer and ale requires a number of specific processes, with each dependent on specific equipment. One such process requires beer fermentation tanks. Those used by Green Flash Brewery are 40 feet in height, and cannot be reduced in height without impacting the fermentation process. The Corporate Landing Design Criteria require a minimum setback between the parking lot curb and the exterior building wall. That minimum setback is not specified in the Zoning Ordinance for the I-1 Industrial District; however, it is specified with the current proffers and must be met. The preservation of trees to the greatest extent possible within Corporate Landing is also specified by the proffers.Accordingly, in an attempt to save several mature trees at the southeastern corner of the building, the building,which must be configured as shown on the site plan, has been shifted toward Corporate Landing Parkway.The result of this is a reduction of the distance between the exterior wall and the curb of the parking lot. The two dimensional requirements above are specified in the Corporate Landing Design Criteria,which are proffered as part of the original rezoning and its subsequent modifications. Accordingly,the applicant is requesting modification of the proffers with regard to the two dimensional requirements. The modified minimum requirements will apply only to the subject site for the Green Flash Brewery. Staff finds that the requested modification of the proffers are of such nature that there will be no impact to the surrounding area or to the quality of the site and building design expected of development within the Corporate Landing Business Park. Staff recommends approval of this request with the modified proffers as provided below. VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 2 II • 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 maximum building height for the portions of the Property with R&D classification, as defined in the Previous Proffers,which are adjacent to General Booth Boulevard is amended from thirty-five(35)feet to forty (40)feet. PROFFER 2: The minimum yard setback between parking lots and buildings (excluding sidewalks)for the portions of the Property with R&D classification, as defined in the Previous Proffers, that are adjacent to General Booth Boulevard is amended from twenty(20)feet to five(5)feet. PROFFER 3: Except as specifically modified by#1 and#2 above, all other terms, covenants, conditions, and restrictions contained in the Previous Proffers remain unchanged and in full force and effect. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable, as they allow for height and setback adjustments that will be applicable only the subject site, and which are so minimal that the impact on the expected quality of Corporate Landing, as well as the surrounding area is negligible. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated January 29, 2015 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 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. VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 3 PRINCESS ANNE tal.u,1:.:-10,11 I:ID.II Virginia Beach Develo I ment Authority 3 11* AG1 AG2 .• -,_ February 11, 2015 Public •• >75 dB Ldn •• z Hearing 11• APPLICANT: .•••' •� R5p VIRGINIA BEACH 1,• 40!k, ....4406a DEVELOPMENT r AUTHORITY B2' � R'C`. 7x7,5 dB I,dn � � "d,.. CONTRACT PROPERTY OWNER: ,\ Frr, ®,- THE MILLER Moddication of Conditions GROUP STAFF PLANNER: Stephen J. White REQUEST: Modification of Conditional Change of Zoning originally approved by the City Council on June 13, 1988, and modified in 1989, 1993, and 1996. ADDRESS/DESCRIPTION: Northern corner of the intersection of General Booth Boulevard and Corporate Landing Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24152286450000 PRINCESS ANNE 9.116 acres 70 to 75 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The subject site is located within the Corporate Landing Business Park, and will be developed by the Green Flash Brewing Company. Land use and development within the Corporate Landing Business Park is controlled by an original set of proffers, dated June 13, 1988[DB 2845, PG 1773], and subsequent modifications to those proffers in 1989[DB 2850, PG 1127], 1993 [DB 3307, PG 937], and 1996[DB 3633, PG 774]. Corporate Landing is zoned Conditional B-2 Business and Conditional I-1 Light Industrial Districts, and the regulations of those two districts apply; however, a number of the zoning district regulations are supplemented and superseded by the proffers, including a proffered Master Zoning and Land Use Plan as well as Design Criteria. The Master Zoning and Land Use Plan shows the location of the Business Park's 'districts,'which are as follows: • MXD Mixed-Use Development • MDO Medium Density Office • R&D Research and Development VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 1 11 Each of these districts has specific requirements pertaining to site design, building design, landscaping, site amenities, and signage. Details The Green Flash Brewery Company is being developed on an area of Corporate Landing that is designated 'R&D.' The proposed development is consistent with the applicable use, dimensional, and design regulations proffered for the site,with the exception of the following: • Parking Lot Yard Setback—A 20-foot minimum yard setback is required between the parking lot and the wall of the proposed building. The site plan shows only 7 feet between the wall and the parking lot. • Building Height--The maximum allowable height in the R&D district is 35 feet; however, as indicated on the exterior architectural elevation plans, the highest portion of the building is 40 feet. • IMPACT ON CITY SERVICES There is no impact on City services as a result of the modification of the proffers applicable to the regulation of height and setback in the R&D district within the Corporate Landing Business Park 4 • EVALUATION AND RECOMMENDATION The brewing of beer and ale requires a number of specific processes,with each dependent on specific equipment. One such process requires beer fermentation tanks. Those used by Green Flash Brewery are 40 feet in height, and cannot be reduced in height without impacting the fermentation process. The Corporate Landing Design Criteria require a minimum setback between the parking lot curb and the exterior building wall. That minimum setback is not specified in the Zoning Ordinance for the I-1 Industrial District; however, it is specified with the current proffers and must be met. The preservation of trees to the greatest extent possible within Corporate Landing is also specified by the proffers.Accordingly, in an attempt to save several mature trees at the southeastern corner of the building, the building,which must be configured as shown on the site plan, has been shifted toward Corporate Landing Parkway. The result of this is a reduction of the distance between the exterior wall and the curb of the parking lot. The two dimensional requirements above are specified in the Corporate Landing Design Criteria,which are proffered as part of the original rezoning and its subsequent modifications.Accordingly, the applicant is requesting modification of the proffers with regard to the two dimensional requirements. The modified minimum requirements will apply only to the subject site for the Green Flash Brewery. Staff finds that the requested modification of the proffers are of such nature that there will be no impact to the surrounding area or to the quality of the site and building design expected of development within the Corporate Landing Business Park. Staff recommends approval of this request with the modified proffers as provided below. VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 2 • 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 maximum building height for the portions of the Property with R&D classification, as defined in the Previous Proffers, which are adjacent to General Booth Boulevard is amended from thirty-five(35)feet to forty (40)feet. PROFFER 2: The minimum yard setback between parking lots and buildings (excluding sidewalks)for the portions of the Property with R&D classification, as defined in the Previous Proffers, that are adjacent to General Booth Boulevard is amended from twenty(20)feet to five(5)feet. PROFFER 3: Except as specifically modified by#1 and#2 above, all other terms, covenants, conditions, and restrictions contained in the Previous Proffers remain unchanged and in full force and effect. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable, as they allow for height and setback adjustments that will be applicable only the subject site, and which are so minimal that the impact on the expected quality of Corporate Landing, as well as the surrounding area is negligible. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated January 29, 2015 and found it to be legally sufficient and in acceptable legal form. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 3 ,,, _,.. ‘•• ; i _ cg> , ...: „, .. -2 co ,Ot, ,i •+ ., 414. , b. v . , . • I 4k,. ....., ..',,,,:. . ,.I f it ,, •. 1 1 ' 4 ft , , # i • 1 1 x ,.. . ix 41 oi• . •i .' - .4 ig . i • • 4.*. • A , • 41 0 r. f I ' ",/- -7'1 ° - i!kg d .. . Y 0- 1 d r 1 1 (f t o #. * to, . ' , 4 4-- ,C, 1 \-' ..\ \Y- , 4 1 q.-C'.. 0 1 - ,,, • v. - H H 1 1 H .....„ --- . I I , **:' AERIAL OF SITE LOCATION , 1 , VIRGINIA BEACH DEVELOPMENT AUTHORITY -<:'‘ , 1 Agenda Item 3 -,-- , , 1 1 Page 4 , h k - I 1". • A‘ cc )• • C-- 1- ,, i • • . ...---„....__—-- "A ..7 --- , -'- :r4.;.,. ,mx• i , . --"_----- '+' • ----- •,!1, , N- i ____---- ,C -71'44' •,., , (i 'S.4.../.'.i 11 ."'.---'.1.1.' • • A 1 * 4. , 4"..:'!.. —7- A:41; .4.71,-14/fri'' J/ 11.;.--- ''....... 4 • ,N , , t . . • - \ - _ i t-kt s • -,,---- •••• , , ,' • 2-4 ''. • - ...ioa -.--1—riaiir4-- ---tt\, \ ¶ >k 1111 -12212.* 2 if *C' '' ' c, ( i \ Z w ; i it i •t c1 ,•'''A. / \• ,-__ - 2 ., * 7 4I - . . / .,„ , 1 , •• ,... / * kl! ix 5 10 / 5 LI 2 i t s., - xt„, .- , / ,,,,455 i ‘ t . ,, A. -1, 2 4,,, . / \ 2 .t... / i 4 ,',,, • . I . -.----. ' _. ,t t I %• • 4 1 4 1 4. ts 4 I 4 1 1 1 I ' 11 . 4 I CI n I'll tit' a • < 4** o r . r i ,.• I I I- . i . I sm.44,4 o ILI 0 ! I/ ,; I 1' :, g I • , : t 2 . 1 ' ' 1 ttl • 1 ilt, -fc c,< t <0. , •,,. / N / 1 1 / — - • .,.„..T- 0,--"i•—•4nott—t•-'-'1• 44,4 I . • h 1„ , . \ t, . .. . 1 , \ , .., , A.i 1 pr k, r \Iv., 'II , , , ,rt 0 ,•'• • - si , • , 4 11 1 4 t • ; )„.__Jrani-u---__r_ - • " ..„._: .. -_ -. 4 PI C' . 4 — It • ..mismuusiilw -1 • _ * , i . _ -_ , _ - 1 Af'.1 1, r ' t , --• --lt. -r, - • ', -4, ,-, - , -- -.----.78,-- ,, . . ,, t,.,.... -.. .- s, fi 3 .... .... I' A tAt, vird werwl livioNaK0 PROPOSED SITE PLAN VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 7 Page 5 • 40 feet - 1r. A. ', 1 i, :04:4-P"E PPP_ , _,« t $ 1 , 40 feet 40 feet < 1 I li .1 . , , \ 1 J 1 . ' li I illik. . a PROPOSED SITE PLAN VIRGINIA BEACH DEVELOPMENT AUTHORITY ^Y Agenda Item 3 f': Page 6 1 II I till g - v a n r 1 1JJ V1..1It I If APPLICANT DISCLOSURE ~ If the applicant is a corporation,partnership,firm,business,or other unincorporated 'y organization,complete the following: 5 1. List the applicant name followed by the names of all officers, members,trustees, partners,etc.below: (Attach list if necessary) 1 Owner. City of Virginia Beach Development Authority (see attached list) Contract Purchaser:The Miller Group Companies, Inc. (see attached list) 1042. List all businesses that have a parent-subsidiary'or affiliated business entity2 4 relationship with the applicant:(Attach list if necessary) y Applicant is a political subdivision of the Commonwealth of Virginia. City Council , • P' appoints the Commissioners of the Applicant(list attached). "♦ ®Check here if the applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. NI 4 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: or 1. List the property owner name followed by the names of all officers,members, 4 trustees,partners,etc.below: (Attach list ifnecessary) • ) 4 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 ) relationship with the applicant(Attach list if necessary) 1 1 E.Check here if the property owner is NOT a corporation,partnership,firm, I business,or other unincorporated organization. i I 1&2 See next page for footnotes I 1 Does an official or em oyee of the City of Virginia Beach have an interest in the 1 subject land? Yes II No If yes,what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 7 1 d1 II II - _ — ._ _____ _ _ . _ l 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 II services:(Attach list if necessary) The Miller Group Companies(f/b/o GFBC, Inc.,d/b/a Green Flash Brewing Co.) f NDI Engineering Company(Basgier and Associates Division) al Covington Hendrix Anderson,Architects IC KGmley-Hom O. Faggert&Frieden, P.C. f Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting 7 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- C 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 C 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. IF 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 1 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 Plannl t^photograph and view the site for purposes of processing and evaluating this application. ld."7/L do plicant's Sig ure C Di,),, -- , /Zeidad EnPrint Na e F Property Owner's Signature(if different than applicant) Print Name C Is Modification of Conditions Application Page 9of9 0 17. 4.-,....1 1 MIR/1M A DISCLOSURE STATEMENT VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 8 ATTACHMENT TO MODIFICATION OF CONDITIONS APPLICATION CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY COMMISSIONERS Name/Address/Phone Term of J3eainning Expiration Appointment Date Date , Elizabeth A.Twohy(Chair) 4 years 09/01/2013 08/31/2017 Shewling Moy(Secretary) 4 years 09/01/2013 08/31/2017 Dorothy L.Wood(Vice Chair) 4 years 09/01/2014 08/31/2018 Bryan D.Cuffee(Treasurer) 4 years 09/01/2011 08/31/2015 Robert L.Nicholson(Assistant 4 years 09/01/2012 08/31/2016 Secretary) Peter K.Mueller 4 years 09/01/2012 08/31/2016 Joseph E.Strange Unexpired Term 08/28/2013 08/31/2015 Michael H.Levinson 4 years 09/01/2014 08/31/2018 Stephen J.McNulty 4 years 09/01/2014 08/31/2018 Linwood 0.Branch 4 years 09/01/2014 08/31/2018 Charles M.Salle 4 years 09/01/2012 08/31/2016 DISCLOSURE STATEMENT VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 9 ATTACHMENT TO MODIFICATION OF CONDITIONS APPLICATION The Miller Group Companies,Inc.,a Virginia corporation: Timothy S.Harkins—President Jerrold Miller—Chairman/Director Catherine Law—Secretary No lender are Identified at this time GFBC,Inc.,a California corporation(d/b/a Green Flash Brewing Company) Directors: Mike Hinkley Lisa Hinkley Martin Blair Kent McKinney Phil Pallsoul Officers: Mike Hinkley-CEO Steve Goodger-CFO Phil Palisoul-Secretary Lisa Hinkley,Jim Kenny,Charles Silva—Vice Presidents DISCLOSURE STATEMENT VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 10 p,. .-4. ;„CSO �1 F n ` ,, CITY OF VIRGINIA BEACH v�' b..„, c'y v INTER—OFFICE CORRESPONDENCE �^ : ,(-S, -z 6o 0 OE OUR NPt\0 In Reply Refer To Our File No. DF-9244 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 0DEPT: City Attorney RE: Conditional Zoning Application; City of Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 17, 2015. I have reviewed the subject proffer agreement, dated January 29, 2015 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. B KW/ka Enclosure cc: Kathleen Hassen THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3)AND 58.1-811(C)(5) AMENDED AND RESTATED PROFFER AGREEMENT THIS AMENDED AND RESTATED PROFFER AGREEMENT ("Agreement") is made this - day of Si/WI i'7 , 2015, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "VBDA") and THE MILLER GROUP COMPANIES, INC., a Virginia corporation ("Miller Group" and, collectively with VBDA, the "Grantor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). RECITALS: A. The Grantor is the owner of that certain property located in the Corporate Landing Business Park in the City of Virginia Beach, containing approximately 45.660+/- acres and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The existing proffers applicable to the Property are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as follows: (i) Agreement dated June 13, 1988, recorded in Deed Book 2845, at page 1773; (ii) Agreement dated July 3, 1989, recorded in Deed Book 2850, at page 1127; (iii) Agreement dated June 15, 1993, recorded in Deed Book 3307, at page 937; and (iv) Agreement dated January 16, 1996, recorded in Deed Book 3633, at page 774 (collectively, the "Previous Proffers"). GPIN: 2415-22-8645 1 C. Grantor has requested modification to the Previous Proffers related to certain covenants and restrictions on the Property. D. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, thorough zoning and other land development legislation. E. Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of zoning restriction, certain reasonable restrictions governing the development of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; F. Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; G. VBDA is the owner of the Property and Miller Group joins this Agreement as the contract purchaser of a portion of the Property; and H. Other than as explicitly stated in this Agreement, the Previous Proffers shall remain unchanged and in full force and effect. 2 . 11 NOW, THEREFORE, the Grantor, for itself, 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 modification to the 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, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The maximum building height for the portions of the Property with R&D classification, as defined in the Previous Proffers, that are adjacent to General Booth Boulevard is amended from thirty-five (35) feet to forty (40)feet. 2. The minimum yard setback between parking lots and buildings (excluding sidewalks) for the portions of the Property with R&D classification, as defined in the Previous Proffers, that are adjacent General Booth Boulevard is amended from twenty (20)feet to five (5)feet. 3. Except as specifically modified by #1 and #2 above, all other terms, covenants, conditions, and restrictions contained in the Previous Proffers remain unchanged and in full force and effect. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all 3 I cognizant City agencies and departments to meet all applicable City Code requirements. The above amendments to the Previous Proffers, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidence 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 (i) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including ordering in writing of the remedying of any noncompliance with such conditions and the bringing of 4 1 11 11 legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (ii) 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; (iii) 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 (iv) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the ;circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the t 'Grantor and Grantee. WITNESS the following signatures and seals: GRANTOR: City of Virginia Beach Development Authority,0a politic- ubdivision of the Commonwealth of Virgi '. gr...e,k___ By: jk hair/V e-Chair 5 1 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged and sworn to before me this Z9 day of JaJ v , 20 >. , byloe. 1 L• \40.1> , as r , of the City of Virginia Beach Development Authority, on its behalf. �� NOTARY PUBLIC My Commission Expires: i//307 My Registration Number: i 445"4-'7- ,0;&,R. vv,q e.•t1`Q,O�p,RY p;•ti1.. • MY t7. o COMMISSION s9,,11 NUMBER19 � O•• 77 • Ci. • gcrH of .� 6 GRANTOR: The Miller Group Companies, Inc., a Virginia corporation By: Name: f witrikti tf ek-As Title: G*44 OreaM2 STATE OF V%tci+NvsN., CITY/ COUNTY OF VV'a The foregoing instrument was acknowledged and sworn to before me this 2,g day of.J , 20 15 , by ton- �,.. �• . as C.1.44 ( , of The Mil - _you• Compan �i� •inia p cor oration, on be alf. `� ‘‘VA RY PUB I' My Commission Expires: 2.0\ My Registration Number: 1Sci3 3ci EXHIBIT "A" 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 3-A-1-A AREA=1,988,935 SQUARE FEET OR 45.660 ACRES GPIN 2415-22-8645", as shown on that certain plat entitled, "PARCEL RD-4A AND 3-A-1-A BEING A RESUBDIVISION OF PARCELS RD-4 AND 3-A-1 CORPORATE LANDING MB 254 PG 52 MB 304 PG 30 VIRGINIA BEACH, VIRGINIA", Scale: 1"=50', dated October 30, 2008, prepared by Land Mark, 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. 20090309000238480. IT BEING a part of the same property conveyed to the City of Virginia Beach Development Authority by the following deeds: A. Deed dated December 6, 1989, from E.S.G. Enterprises, Inc., a Virginia corporation, duly recorded in the aforesaid Clerk's Office in Deed Book 2877, at page 476; B. Deed dated December 6, 1989, from E.S.G. Enterprises, Inc. a Virginia corporation, duly recorded in the aforesaid Clerk's Office in Deed Book 2925, at page 1554; C. Deed dated July 20, 1990, from Guy O. Ailstock, Jr., and Peggy W. Ailstock, duly recorded in the aforesaid Clerk's Office in Deed Book 2926, at page 1111; and D. Deed dated July 20, 1990, from John M. Steadman and Eileen W. Steadman, husband and wife, and Mark E. Slaughter, Trustee, duly recorded in the aforesaid Clerk's Office in Deed Book 2926, at page 1114. 8 I .,. . 0 0 gb I I i . _,..4 i , 11 , ,, .r • • .14c .... b '1 r;L. 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G� Lam, .r it . -- -) H (51" 1 • I'm .. 1p [ Q . , 0.1 OAi 3ON3ON3d3ONI oQ. ^� tq :=t4 IIMI D;ME EZ7 C_ __ __crio btu.- ___j'h, i 1,___I I 1 j a [I 1 r-_-ii , 1 '•� ', c° ' J e i rt i• b W ro . t"=j � i I - i s 5; c CI � ' rutin ;,x:11 11!_ I ; . I I1,1 CO EA— uS O ► iii Nig 1��1� o- `� • tr4v � it vol : ;� o Q Ir.y Qs `~• 2 ! ® L`r L7 ly N ��@r',�..U,ydcyl f0 } (EBs, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PEMBROKE SQUARE ASSOCIATES, LLC (Applicant/Owner), Conditional Use Permit (Indoor Commercial Recreation Facility — Bowling Alley). 4554 Virginia Beach Blvd (GPIN 1477562034). COUNCIL DISTRICT— BAYSIDE. MEETING DATE: February 17, 2015 • Background: The applicant requests a Conditional Use Permit for the purpose of developing within Pembroke Mall a large indoor recreation and entertainment complex that operates under the name "Uptown Alley." The zoning of the subject site is split between B-3 Central Business District and CBC Central Business Core District. Both zoning districts allow Indoor Recreation Facilities (with a floor area greater than 7,500 square feet) with a Conditional Use Permit. • Considerations: The facility will encompass 49,898 square feet of space, 33,337 on the ground floor, and 16,561 on a mezzanine level. Included in the development are a recreation component and an entertainment component that are a combination of the following: o Bowling Alley featuring high-tech bowling lanes, projection high-definition televisions, state-of-the-art scoring system, and gutter bumpers for beginners; o Billiard tables; o Arcade game area featuring interactive, current and high-tech games; o Retail prize store; o Dining area including restaurant and bar facilities; and o Entertainment area for live music, sporting event viewing on large-screen video, and similar. All development will be within Pembroke Mall with the exception of improvements to the exterior entrances to the mall. The submitted renderings depict an enhanced entry featuring a clear-glass curtain wall system, stone-faced panels, metal accent panels, and columns capped off with vertical light sconces. Signage will be added at both entrances. Further details pertaining to the use, as well as Staff's evaluation of the request, are provided in the attached staff report. PEMBROKE SQUARE ASSOCIATES Page 2 of 3 There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "PEMBROKE MALL SITE PLAN," dated October 29, 2014 and prepared by Cox, Kliewer and Company, P.C. This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions, the exterior renovation of the building shall be constructed substantially in conformance with the submitted renderings entitled "PROPOSED ENTRANCE UPTOWN ALLEY PEMBROKE MALL," dated August 19, 2014 and "VIRGINIA BEACH BLVD. ENTRY UPTOWN ALLEY PEMBROKE MALL," dated August 26, 2014, prepared by Cox, Kliewer and Company, P.C. The renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The bowling pin structure is a sign, as defined in Section 210.2 of the Zoning Ordinance, and as such, any alternate location(s) of the bowling pin structure shall require a sign permit to be issued by the Zoning Office of the Planning Department. If no permit can be issued for the bowling pin structure (sign), the applicant must seek a variance from the Board of Zoning Appeals if said sign is still desired. 4. The hours of operation shall be 11:00 a.m. to 1:00 a.m. on Monday through Thursday, 11:00 a.m. to 2:00 a.m. on Friday, 10:00 a.m. to 2:00 a.m. on Saturday, and 10:00 a.m. to 1:00 a.m. on Sunday. 5. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department- Permits and Inspections Division and Zoning Division and the Fire Prevention Bureau. PEMBROKE SQUARE ASSOCIATES Page 3 of 3 7. Any on-site signage for the indoor recreation facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. ■ 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 Aj" City Manager: k _ 0.0-2_ MAYSIDE 2 Ma E-6? Pembroke S i uare Associates,LLC ; 614I- VOW , ' _C January 14, 2015 Public ?tT =- y'- t • --.='I,. ori I =al.. 6,L r!e,,, %y. "% APPLICANT & PROPERTY ,s a.:e , OWNER: r �,8va. 1j 02 AI83 g 83 �- 1 -- PEMBROKE } -� `, M Al_ ‘ IL SQUARE O - ' . ' ASSOCIATES, - - �a1 V. CBC ,, � ` � /z%„,,,,, � SSS r, S,/,1 � `0 _ i ` __ 1v LLC ....��......��....--.. VIRGINIA BEACH BLVD t-- El 4, El FE-ici R rivrA . •Zmip Mb Ce.aiemem..w Cr..sr...ne.r». CUP Indoor Commercial Recreation Facility STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Indoor Commercial Recreation Facility) ADDRESS/DESCRIPTION: 4554 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14775620340000 BAYS IDE 26.684 acres Less than 65 dB DNL 4 4I BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for the purpose of developing within Pembroke Mall a large indoor recreation (entertainment)complex that operates under the name"Uptown Alley." The subject site is zoned both B-3 Central Business District and CBC Central Business Core District. Both zoning districts allow Indoor Recreation Facilities (with a floor area greater than 7,500 square feet)with a Conditional Use Permit. The fact that a portion of the subject site is zoned CBC Central Business Core District is important in the evaluation of this request. The intent of the CBC District is to promote the following five common planning principles that were established for the Strategic Growth Areas: (1)efficient use of land resources; (2)full use of urban services; (3)a compatible mix of uses; (4)a range of transportation opportunities; and (5) detailed human-scale design. When the CBC District was adopted as a zoning district classification, the southern portion of the subject site (closest to Virginia Beach Boulevard and Town Center)was changed to CBC. The zoning of the northern portion of the site, however, remained B-3 Business due to concerns PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 1 1 Ilii 11 l from residential property owners to the north regarding compatibility of their homes with urban-style development. Details The proposed indoor recreation (entertainment)facility will be located within Pembroke Mall. The facility will encompass 49,898 square feet of space, 33,337 on the ground floor and 16,561 on a mezzanine level. Included in the development are a recreation component and an entertainment component that are a combination of the following: MI PC 1E11 • Bowling Alley featuring high-tech 1.1 _ --�� IMO bowling lanes, projection high- kt. definition televisions, state-of-the-art scoring system, and gutter bumpers for beginners; • Billiard tables; • Arcade game area featuring interactive, current and high-tech games; +► • Retail prize store; • Dining area including restaurant and bar facilities; • Entertainment area for live music, sporting event viewing on large-screen video, and similar. All development will be within Pembroke Mall with the exception of improvements to the exterior entrances to the mall. The submitted renderings depict an enhanced entry featuring a clear-glass curtain wall system, stone-faced panels, metal accent panels, and columns capped off with vertical light sconces. Signage will be added at both entrances. The facility will employ between 90 and 100 individuals. The hours of operation of the facility will be as follows: • Monday through Thursday-- 11:00 a.m. to 1:00 a.m. • Friday-- 11:00 a.m. to 2:00 a.m. • Saturday-- 10:00 a.m. to 2:00 a.m. • Sunday-- 10:00 a.m. to 1:00 a.m. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial retail uses associated with Pembroke Mall SURROUNDING LAND North: • Commercial retail/B-3 Central Business District USE AND ZONING: South: • Commercial retail/CBC Central Business Core District East: • Commercial retail/CBC Central Business Core District West: • Commercial retail/CBC Central Business Core District PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 2 ill NATURAL RESOURCE AND The site is almost entirely developed with a large commercial CULTURAL FEATURES: structure and associated parking area. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The general vision for the Pembroke Strategic Growth Area is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas. The plan establishes a framework that concentrates a high density mix of complimentary urban uses within a defined central area, creating a skyline for the City and providing for decreasing land use densities from the core. 4 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is an eight-lane major arterial road with a right-of-way width of 175 feet. The Master Transportation Plan shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. No CIP projects are currently scheduled for this segment of Virginia Beach Boulevard. Constitution Drive is a two-lane minor urban arterial with a right-of-way width of 80 feet. The Master Transportation Plan shows a four-lane major collector with an ultimate right-of-way width of 80 feet. No CIP projects are currently scheduled for this segment of Constitution Drive. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 44,436 ADT 56,240 ADT (Level of Service"D") Existing Land Use 1— Boulevard 64,260 ADT ' (Level of Service"E") 22,313 ADT Constitution Drive 15,488 ADT 10,700 ADT 1(Level of Service"D") proposed Land Use 3— 13,100 ADT 1 (Level of Service"E") No Change(SEE FOOTNOTE 3 BELOW) 'Average Daily Trips las defined by 623,479 square feet of leasable space in Pembroke Mall s The ITE Trip Generation Manual includes both restaurants and recreation facilities as possible uses in a Shopping Center. Accordingly,the overall trip generation for Pembroke Mall would result in the same calculation. WATER: This site is connected to City water. There is a 20-inch and a 16-inch City water transmission main along Virginia Beach Boulevard, a 10-inch City water main along Virginia Beach Boulevard, an 8- inch City water main on the property within a Public Utility Easement, an 8-inch City water main along Constitution Drive, and an 8-inch City water main along Jeanne Street. There is a 6-inch abandoned water main along Constitution Drive and a 6-inch abandoned water main along Jeanne Street. There are several water meters that may be used or upgraded to accommodate the proposed development A.`X PEMBROKE SQUARE ASSOCIATES, 'LC 'Agenda Itt 2 pa . ..3 I SEWER: This site is connected to City sewer. There is an existing City sanitary sewer gravity main on the property within a Public Utility Easement, a 10-inch and an 8-inch City sanitary sewer gravity main along Constitution Drive, a 10-inch City sanitary sewer force main along Constitution Drive, an 8-inch City sanitary sewer gravity main along Jeanne Street, and an existing 10-inch City sanitary sewer force main along Jeanne Street. There is a 10-inch abandoned force main along Constitution Drive and a 12- inch abandoned gravity main along Constitution Drive. Sewer and pump station analysis for Pump Station 354 is required to determine if future flows can be accepted. 4 EVALUATION AND RECOMMENDATION The request for a Conditional Use Permit for an indoor recreational (entertainment)facility is acceptable. This proposed development will utilize approximately 49,898 square feet of floor area within Pembroke Mall. Recent market trends, including the rise of internet commerce, have led to the desire of mall operators to convert spaces in malls to uses other than retail. The proposed indoor recreational facility is consistent with the long term vision for the Pembroke Strategic Growth Area. A recreation and entertainment facility of this size and nature will help attract visitors to the Core District of the Pembroke SGA and encourage further economic growth. A majority of the proposed development will be within the existing mall structure; however, improvements will be made at two exterior mall entrances. The proposed improvements are consistent with recent exterior renovations that have been made to Pembroke Mall. The site is located in the Pembroke Strategic Growth Area. Applicants are encouraged to present their proposal to the Central Business District Association Design Review Committee. Such presentation, however, is strictly voluntary, and in this instance, the applicant did not respond to Staff regarding the Committee. The submitted renderings of the Pembroke Mall entrance depict a large bowling pin structure located on the roof of the mall structure. According to Section 210.2 of the Zoning Ordinance, this bowling pin structure is considered a sign: Sign. Any structure, display, device or other object or thing, including, but not limited to, any word, letter, series of words or letters,painting, mural, logo, insignia, emblem, service mark or other graphic pictorial representation, which identifies or advertises, or directs or attracts attention to, any product, merchandise, service, business or establishment, or which suggests the identity or nature of any business or establishment, or which invites or proposes a commercial transaction. Section 212 of the Zoning Ordinance prohibits any sign that projects above the roofline; therefore, the bowling pin, as shown on the submitted renderings, is not permitted. The applicant has expressed the desire to retain this design feature, as it is necessary to the branding of the applicant's business. Alternate locations of the bowling pin feature, such as on the ground level at the exterior entrance, have been suggested to the applicant and are being explored. It should be noted that should the applicant find a location for the bowling pin structure, a Board of Zoning Appeals variance may be required in addition to this use permit. As such, Condition 3 is recommended below to address this issue. Staff recommends approval of this request with the conditions below. 11/ PEMBROKE SQUARE ASS 3CIATES,, LC {''Agenda It , 2 4 I I • 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 submitted site plan entitled "PEMBROKE MALL SITE PLAN,"dated October 29, 2014 and prepared by Cox, Kliewer and Company, P.C. This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions, the exterior renovation of the building shall be constructed substantially in conformance with the submitted renderings entitled "PROPOSED ENTRANCE UPTOWN ALLEY PEMBROKE MALL," dated August 19, 2014 and "VIRGINIA BEACH BLVD. ENTRY UPTOWN ALLEY PEMBROKE MALL," dated August 26, 2014, prepared by Cox, Kliewer and Company, P.C. The renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The bowling pin structure is a sign, as defined in Section 210.2 of the Zoning Ordinance, and as such, any alternate location(s)of the bowling pin structure shall require a sign permit to be issued by the Zoning Office of the Planning Department. If no permit can be issued for the bowling pin structure (sign), the applicant must seek a variance from the Board of Zoning Appeals if said sign is still desired. 4. The hours of operation shall be 11:00 a.m. to 1:00 a.m. on Monday through Thursday, 11:00 a.m. to 2:00 a.m. on Friday, 10:00 a.m. to 2:00 a.m. on Saturday, and 10:00 a.m. to 1:00 a.m. on Sunday. 5. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department- Permits and Inspections Division and Zoning Division and the Fire Prevention Bureau. 7. Any on-site signage for the indoor recreation facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. PEMBROKE SQUARE ASS3CIATES,. LC .-Agenda It. . 2 5 NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. a a PEMBROKE SQUARE ASSOCIATES, LC .` `,r Agenda It 2 b R 6 __r,,,o - i'.t , r. r j• ` 4 44 r . r iY ft C - Z.,..r • �„ i ' C i 11U.i x::; • 1I. 1.7 s pi >,,, ...,1., WM I- 4 J. l * 1 ` , Qa Na - ,o� bZ���,1r oa � �N' �pN-4d j ! :-40,v,x , i ,r. i 4 r . , r.r..i .. . it' ,... •. , f...,„... .., , • ,,... . , .ill' . - rulirii,,,,E Nc1A, AERIAL OF SITE LOCATION ,kt PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 7 4billiiiiiiiiilthi 4C(\,\ iii i I, IAIHNII10N1 = ONSIONNIMININKIL.1 i i 1 . ' ••'‘'' $HAIiIIiiMlliiiII I lIInIANHIHIN ++„ ,Ll L. 14+144-111: l ) + i IiiiuIN% zr I tl +HHi iHFNHiHiir it'll`- `,, ENTRANCE . ,,..__ ' 1-:h+l+1+titilffli 0 ... -, hIWIH H�+HIFNI . . 8 Ps Dom id I I ' $I++IIttIL'IEt \..1 s _ KOHL'S :ILIIIIII" I � o IIN,4,,,,, ' muslin� y; , to 1 MEM i . iiii g mom 0 T I y �i t t, dril ,� ISI k12 o • 3 -a l:I!! w l'‘‘"‘1) w 4 a - 3_ -.I illil J Wck ria r ^ 91 11111 T J, Q +... fii • ': �G�-. Citi e t, 4. L., . _ _ VIRGINIA BEACH -,'.A_&+•:- __,� ENTRANCE BLVD ENTRANCE :_: t,,,,,,,- . --_ -�-, r---�" 4,74d .11191w/WV MIAMI Pembroke Mall Site Plan C4W�eM Cb'.flV..PC — Orebro 7f ,. nts nova Ilsople Iloulmasi*owe 1111•X.t.ViNro,,n..;, .1011.71.1 1 ryes OM /1v Yl Alb PLAN OF PEMBROKE MALL SITE SHOWING LOCATION OF PROPOSED USE AND ENTRANCES PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 8 I °rF• 4H 0itawl J44; 0 TARGET 1 0111 1 ii lifi ii - 1111 I 11 • \ \• PROPOSED INTERIOR MALL 1 q DR e ENTRANCE • `i� �11t1. //O/////////////////////////////////////// V . \\\\,. A \ } EXTERIOR ENTRANCE ,Aro IA r -,... ovn.t.a, 111 40,172 SF PROPOSED INTERIOR ENTRANCE KO H S t YA ! LOCATION WITHIN PEMBROKE MALL '--Gtr}IA BF/C, PEMBROKE SQUARE ASSOCIATES, LLC , r.HI Agenda Item 2 Page 9 . 11 1111 11 33,337 SF 16,561 Sq ft GROUND FLOG PROPOSED U TOWN ALLEY 49.866 SF .�. W REVISED INTERIOR LAYOUT OF PROPOSED RECREATION FACILITY .s.IIA'BE 'i. PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 10 iiiiiiiiimi r,o t I t � - V I .. .,, ,, 4.4 �1 ii lit I i ''' I i • ..„ i a„. . I tii: ...., ...' ... !! mo1. i / 0 x : • , ...., : "I" itl:Y I 04-. , r':t U g i { w N v yt # 2 s fFf F 2 C yy 2 i a t! V I�w 1 RENDERING OF PROPOSED EXTERIOR ENTRANCE (NORTH SIDE) PEMBROKE SQUARE ASSOCIATES, LLC , Agenda Item 2 Page 11 ..„ , -,.... VI : ° .-:--. :ftliii 51 . '- '-' •• :112.0t ,,,,,, -4., 1 1.1 , . _ -"91i i s _ I: 0 , gric. 1 n t r i :� .17 a ,,,,,,)1 , ‘ :, e 4 ^ . 4, !r W of < I �A r `UQ% /^ Z CO �, 0 Q r i Z L- 1w 0 ^ m 1"4"4 u 1"...1 d S RENDERING OF PROPOSED VIRGINIA BEACH BOULEVARD ENTRANCE PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 12 ; " 1 tiV "� 4rf,.' a -,; - C�aa Q4 �..f• r rz` .=E F'�a .... ~, nom-. .. __ .,_____ 4 : _____., «tip -� ` ` � * � 1 II IT ,,4-,, ,1,.»t!. x ` �a� .. 1, -•:- : 11 T '4 u , It 4 --- -100 i 4 a I •lis iiilkdd Alii ,,,. , ,.. _ -it:_ Act . . . PHOTOGRAPHS OF UPTON ALLEY RICHMOND, VA r,, 1 PEMBROKE SQUARE ASSOCIATES, LLC �? Agenda Item 2 Page 13 iiiiia BAYSI DE MaapotEt-6 ale Pembroke Square Associates, LLC iii. 1.1:/,A4, 1 1 U ® � m, 04 -e..,- __oak . ' �,. �®✓Y'ap1, o 77._ a 7*It ' —'E, -Fill'Z*Oa $10if i M • ��h�-+liaTtri, iii I . � ,`��� VI �'`� Off, a A CORPORATION 7.7i I" _J- i • �I B3 - 7 = f �, l '---°' ,...........„,:_i_i t AEEli B3 3 Fr a LU %/0% A .7 .�/fn,/'�,y ' z ,0 0111 w 1� J ;s � ice, �m LU t 1 i Z •� � %1 1 a �r e— 1 r lui r CBC ,t ,4‘44 a `` Vis, ( = �� L r �%'.l: �iJ l_ VIRGINIA BEACH BLVD µ1.Y.0...,.. iBe ,__ �,� uiiiiin BC ,, t t-ii,61,3,--12 . i1 - =' ,-.L.,,, . 12 ii..)'Zoning with Conditions/Proffers,Open Space Promotion CUP Indoor Commercial Recreation Facility ZONING HISTORY # DATE REQUEST ACTION 1 02/25/2014 Change of Zoning (B-3 & B-3A to CBC) Approved 2 02/26/2013 Use Permit(Flea Market) Approved 3 01/08/2013 Modification of Conditions (Private School) _Approved 07/11/2006 Use Permit (Private School) Approved 02/08/2000 , Change of Zoning (B-3 to B-3A) Approved 4 01/08/2013 Use Permit (Multi-family Home) Approved 10/10/2000 Change of Zoning (B-3 to B-3A) Approved 5 02/14/2006 Use Permit (Religious Use) Approved 6 05/10/2005 Change of Zoning (B-3 to B-3A) Approved 7 04/08/1997 Use Permit (Automobile service w/convenience store) Approved r�N A•B +t PEMBROKE SQUARE ASSOCIATES, LLC >1,7 Agenda Item 2 Page 14 p II 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) PEMBROKE SQUARE ASSOCIATES L.L.C.; managers and primary principals are: Vincent R. Olivieri, Richard E. Olivieri and Frederick J. Napolitano 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Numerous entities and business entities are affiliated with the Applicant through its various principals named above 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) a flCheck here if the property owner is NOT a corporation, partnership, firm, 1 business, or other unincorporated organization. &2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? 1 DISCLOSURE STATEMENT PEMBROKE SQUARE ASSOCIATES, LC Agenda 11 2 PaOt 15 Ill 4 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 4 services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Ig Pembroke Commercial Realty, LW, Cox Kliewer& Co. and Faggert& Frieden, P.C. 4l 1 S Ranh National Association (Bank/Financing): Sigma National Inc. 1 (Tenant Broker); Madison Marquette (Landlord/Owner Broker); Uptown Alley III, L.L.C. (Proposed Tenant) '"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 0 business entities share the use of the same offices or employees or otherwise share activities, t 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. i 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 I 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. PEMBROKE SQUARE ASSOCIATES,L.L.C., a Virginia limited liability company Name: Frederick J.Napolitano Title: Assistant Operating Manager Conditional Use Permit Application DISCLOSURE STATEMENT PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 16 111 Item#2 Pembroke Square Associates, L.L.C. Conditional Use Permit 4554 Virginia Beach Boulevard District 4 Bayside January 14, 2015 CONSENT An application of Pembroke Square Associates, L.L.C.for a Conditional Use Permit (Indoor Commercial Recreation Facility) on property located at 4554 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14775620340000. 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 submitted site plan entitled "PEMBROKE MALL SITE PLAN," dated October 29, 2014 and prepared by Cox, Kliewer and Company, P.C.This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions,the exterior renovation of the building shall be constructed substantially in conformance with the submitted renderings entitled "PROPOSED ENTRANCE UPTOWN ALLEY PEMBROKE MALL," dated August 19, 2014 and "VIRGINIA BEACH BLVD. ENTRY UPTOWN ALLEY PEMBROKE MALL," dated August 26, 2014, prepared by Cox, Kliewer and Company, P.C.The renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The bowling pin structure is a sign, as defined in Section 210.2 of the Zoning Ordinance, and as such, any alternate location(s) of the bowling pin structure shall require a sign permit to be issued by the Zoning Office of the Planning Department. If no permit can be issued for the bowling pin structure (sign), the applicant must seek a variance from the Board of Zoning Appeals if said sign is still desired. 4. The hours of operation shall be 11:00 a.m. to 1:00 a.m. on Monday through Thursday, 11:00 a.m. to 2:00 a.m. on Friday, 10:00 a.m. to 2:00 a.m. on Saturday, and 10:00 a.m. to 1:00 a.m. on Sunday. 5. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department- Permits and Inspections Division and Zoning Division and the Fire Prevention Bureau. 1,1 Item #2 Pembroke Square Associates, L.L.C. Page 2 7. Any on-site signage for the indoor recreation facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 2. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 2 by consent. Mike Nuckols appeared before the Commission on behalf of the applicant. 0.4 o► � r ' _ �j X Ur i--- - , ,�� w _,__:,, �` zo . '.---- Ur) # 'c�' .D � 2 OLD GoM1NioN mil i r7 00ter,. ' 0 pi , _-- 1 ^\ coo Cr'b.:1 E ›. - °:' 11 , ro 0, , .-5\ ( ,, = A\Cc--\"" Ott .... PO 3 0 .....„ t . .\'' '' / I.... '' 110 S. 0 '''' ---,., <_) \l'''' -*-1 (20° \c41 ' -';:::)-:-' 0 '.-..0\‘'\ • �t ''1 - - T N k le -0- _•_•,,,---\ c3, 5580.-- 0. 0_ '16\ i ; " t S1.4 a \' ___------ . ,.. .c3L c)- teal ii _ 5` 5, d \-... li. owsA*IliArWt :o'\ I-scN talk-A , w A110.41‘110 _. NIA NI°riiiO4 -Atilt 1< W .L vill Ill, , . % *ittile N > sk0 J a , • : ;-'\_ St 11103cfgEt114-1iPSji_,. et-- •r' N M'yy Hu g,,y ., �4 4 , 6 S 46 ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BH INVESTORS (Applicant) / ROBERT S. LINDSLEY, JR., EX. OF THE ESTATE OF EDWIN B. LINDSLEY, JR. (Owner), Variance to Section 4.4(b) of the Subdivision Regulations. 936 Lindsley Drive (GPIN 2408718599). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: February 17, 2015 ■ Background: The applicant proposes to subdivide a 1.64-acre parcel, zoned R-20 Residential, into three lots, two of which will require a variance to the Subdivision Regulations. The existing parcel was created by subdivision, recorded in 1963 at Map Book 59, Page 9. The existing lot has 169.10 feet of frontage on Lindsley Drive and 46.58 feet of frontage on Covey Street. There is a single-family dwelling, built in 1923, located on the portion of the parcel closest to Lindsley Drive. The house will be demolished should this variance request be approved. • Considerations: One of the proposed lots will front on Covey Street. The other two lots will front on Lindsley Drive. The lot on Covey Street meets all the requirements for the R- 20 District, and thus, does not need a variance. Accordingly, it is not part of this request. The two lots that will front on Lindsley Drive do not meet the minimum lot width requirement of 100 feet for the R-20 Residential District. One lot has 89.11 feet of frontage and the other has 90.16 feet of frontage. Since the lots do not meet the 100-foot requirement, the applicant is requesting a variance to Section 4.4(b) of the Subdivision Regulations, which requires that subdivisions meet all the requirements of the Zoning Ordinance. Further details pertaining to the proposed subdivision, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request at the public hearing; however, several letters and emails were submitted prior to the hearing and provided to the commissioners. Those letters and emails are attached. 1 11 1 i1 BH Investors Page 2of2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following condition: The existing parcel, identified as 'Part of B' on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled "A Preliminary Subdivision of a Portion of Parcel 'B', as Shown on the Division of Property of Edwin B. Lindlsey, Jr., MB 59, P. 9," dated 19 September, 2014, and prepared by WPL. Said subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Submitted Letters Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ki‘j City Manager: L. 0.-1(1-2\. I I'll I it 10 LYNNHAVEN BH Investors,Inc. January 14, 2015 Public Hearing Al2 - - ` 64 R20 \ +� APPLICANT: �, \,,4 Rt5_ : � +� A BH INVESTORS, R20 INC. g r , R20 1 V 1 RIS � ,+ �. -` , `• PROPERTY OWNER: - r ROBERT S. 14 moi, ` e LINDSLEY, JR., EX. uM-----.7.<--;\ �� Jv''�"Rs OF THE ESTATE •Zoling WO CondiVionsPreffon.�Sp•cePoomeelaw Subdivision Variance to Section 44(b) OF EDWIN B. LINDSLEY, JR. STAFF PLANNER: Stephen J.White REQUEST: Variance to Section 4.4(b) of the Subdivision Regulations, which requires that lots created by subdivision meet all applicable requirements of the Zoning Ordinance ADDRESS/DESCRIPTION: Parcel at 936 Lindsley Drive with frontage on Covey Street between 937 and 945 Covey Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24087185990000 LYNNHAVEN 71,276 square feet Less than 65 dB DNL (1.64 acres) 4 • BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The applicant is requesting a variance to Section 4.4(b)of the Subdivision Regulations for the purpose of subdividing a 1.64-acre parcel into three lots. The existing parcel was created by subdivision, recorded in 1963 at Map Book 59, Page 9. The existing lot has 169.10 feet of frontage on Lindsley Drive and 46.58 feet of frontage on Covey Street. There is a single-family dwelling, built in 1923, located on the portion of the parcel closest to Lindsley Drive. There are also two cemetery memorial markers located on the parcel; however, the applicant has submitted documentation explaining the reason for the markers. There are no actual graves on the property. BH INVESTORS, INC. Agenda Item 10 Page 1 Proposed Lots: The submitted subdivision plat shows the existing parcel divided into three lots, designated as B-1, B-2, and B-3. Proposed Lot B-1 has frontage on Covey Street. Proposed Lots B-2 and B-3 have frontage on Lindsley Drive. The site is zoned R-20 Residential, which requires a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. Proposed Lot B-1 has a lot area of 25,962 square feet and a lot width of 116.71 feet. Thus, Proposed Lot B-1 on Covey Street does not require a variance, as it meets the requirements for a lot located in a R-20 zoning district. Proposed Lots B-2 and B-3 exceed the minimum required lot area; however, the lots are deficient with regard to the minimum required lot width. The table below compares the relevant dimensional requirements of the R-20 Residential District with those proposed for Proposed Lots B-2 and B-3. If a lot does not meet a requirement, it is highlighted with the color blue in the table. Approval and recordation of the proposed subdivision is dependent on the granting of a variance to the requirement that is not met. Required Lot B-2 Lot B-3 Lot Width in feet ' 100 Lot Area in square feet 20,000 23,677 21,637 1 Lot width is measured at the rear of the required front yard,not at the right-of-way. PROPOSED SUBDIVISION MIMI=OF 01110111 • 00 Mei.ITkLMS ' 1 MM sae Ar a�' N wpaSI. PN c4.ada-N, c q A II; \ *4' /4` \` .y am A \� ♦,,,:sef ^'� �4 V# ff"a ` \ 00.0. �' \ , d`. s FilitiLATet a ,0 �� is \\ $\ �i �i�l @ami.r1 0/1.1111417111 \ �\ 2408-716588 — \ \ / I 0 AL PART OF Tr. - V \ \ - --- t \ \ w \ .,,,k. _ / _.. g1� � \ \ we a. \ \\ q ��� \F � -- ` \ ` A. . \I--- � / 44 ,G \ ...*:'::.:*i \ e_ \ \ \ \ Vi. 1* \ i „ K w ewer uro __ NORM Or CITY OF MINA BEACH , / Iripi1°' °,,. /4111-/4111-71-IMS, -,�. i _..11 BH INVESTORS, INC. Agenda Item 10 Page 2 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: • Single-family homes/R-20 Residential District USE AND ZONING: South: • Single-family homes/R-20 Residential District East: • Single-family homes/R-20 Residential District West: • Lindsley Drive • Single-family homes/R-15 Residential District NATURAL RESOURCE AND The site consists of a variety of grasses, shrubs, and trees typically CULTURAL FEATURES: associated with the yard area of a single-family house. The rear of the site adjacent to Covey Street is more densely vegetated than the rest of the site. The southeastern corner of the site is located within the Chesapeake Bay Preservation Area. 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). 4 • IMPACT ON CITY SERVICES TRAFFIC ENGINEERING: The existing single-dwelling has a trip generation rate of 10 ADT '. The additional single-family dwelling that would be possible with approval of the requested variance could generate an additional 10 ADT, resulting in a total of 20 ADT generated by two single-family dwellings. A single-family dwelling constructed on the Covey Street lot would generate 10 ADT as well; however, that lot can be created by- right and is not part of the variance request. WATER: The site is currently connected to the City water system. There are existing 5/8-inch meters on the site that can be used or upgraded to accommodate the proposed development. SEWER: This site is currently connected to the City sanitary sewer system. Analysis of Pump Station 261 and the sewer collection system is required to ensure future flows can be accommodated. d BH-lNVESTOS,iNC Agenda tem 10 Page 3 4 0' 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. 4 0 EVALUATION AND RECOMMENDATION The subject site is zoned R-20 Residential, which has a minimum lot area requirement of 20,000 square feet and a minimum lot width requirement of 100 feet. The applicant proposes to subdivide an existing 1.64-acre parcel into three lots for the purpose of constructing a single-family dwelling on each. One of the lots fronts on the cul-de-sac bulb of Covey Street, and meets the minimum lot dimensional requirements for a single-family lot in the R-20 Residential District. The creation of that lot, therefore, requires no variances. Two of the lots front on Lindsley Drive, and while the lots meet the minimum lot area requirement, each is deficient with regard to the minimum required lot width. Creation of these lots, therefore, cannot be accomplished without a variance to Section 4.4(b)of the Subdivision Regulations, which requires new lots to meet the requirements of the Zoning Ordinance. The widths of the proposed lots are 90.16 feet(Lot B-2)and 89.11 feet(Lot B-3); therefore, the lots are deficient by 11 feet and 10 feet(rounding each number down), respectively. The widths of the lots in the immediately surrounding area (see map on page 8) range from 130 feet to 47 feet, with three lots on Covey Street, platted in 1964, being the narrowest(47, 62, and 67 feet). The lots located on Lindsley Drive are zoned R-15 and have 110-foot lot widths. The exception is the two lots directly north of the subject site, which are zoned R-20 and have widths of 120 and 150 feet. In sum, the surrounding area has a variety of lot widths, and the widths of the proposed lots are consistent with that variation. An additional factor to be considered in the evaluation of the variance request is the record of the past divisions of the subject site from the time when it was a larger parcel and the existing dwelling was built in 1923 until the present. One of those divisions is significant in this case, being a 1989 acquisition by the City of Virginia Beach of 1.5 acres to the south of the subject site for drainage purposes. Due to that acquisition, the width of the existing lot was reduced to 179.27 feet. Based on the above, as well as a finding that the proposed widths of the lots are consistent the with the surrounding area, Staff finds that the 90 and 89 feet of lot width proposed for Lots B-2 and B-3 will not result in a substantial detriment to the adjacent properties, will not adversely affect the character of the surrounding neighborhood, and is consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with the surrounding area. Accordingly, Staff recommends approval of the request subject to the condition below. BH INVESTO# 5,INC' Agendatem 10 Page 4 I 4 0 CONDITION The existing parcel, identified as 'Part of B' on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled "A Preliminary Subdivision of a Portion of Parcel 'B', as Shown on the Division of Property of Edwin B. Lindlsey, Jr., MB 59, P. 9,"dated 19 September, 2014, and prepared by WPL. Said subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. NOTE:Further conditions maybe 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. BI1-INVESTO S,INC. Agend tem 10 ages r 1s+ _ _- 1 vt a+ � D * I E r i 1 t ) t s. 9). 4 j I! t ' t, 40 A 1 { x N / • •P' tfi G0J 1 t•i Q- <GA -:` t 5N' It , F ,c) ' ...,N� Q, # AL1 4 'r b Si I. til diNr1 i AERIAL OF SITE LOCATION BH INVESTORS, INC. Agenda Item 10 Page 6 I 0 l' � aid 7,' �- „{{ a a - F— P eltt B B i o a 9G �p ^ i :E i 'l Zea« chidglnp i: aW H '",,\opt , .\IL 0.- iw ; 1, w. ii 0 mi ,i,,t,Ft,,cs) . 1 SII!! la; . 01 _ • "6., k 55q 69 �os A a`n.g at / I\� \ aA g AM cw)1sai ary 7w7 - e $ 3,3025 MOW o I z I 1 11 -- \ I 1 f! -- - -19- 1 g114.--1---11'--1 ' fix I ip10 .�.: ;0t 6t f _ s 017377'r MN' •.:.N:....... \ g `eif ,.....-------- ti ,�p ..° 0 Q /1 \ L .r0 zh« e Y % w \gi \ //// i 1\_ y�y? � ( ,4\,,,, ,- 0.:4.. ...01. ,, if, ,a4 II _ i4. ‘,..k -,,, 1 I e ,.e 4. si, , 4 6.:311-t-iii. i.:,1 6iIYu \/ ,� , I �I_ �_ a +� - I , Z ' / i. wg in ii egg#� t \\ a1 \ i IlI < o ^d 0 di !R 11 1, I e is a \ 41 1 V r- i[101 Fi 11064 I t t 0...!...-- T:CO N 100 r. 11 IP 1,W,-,' �i m: 2 o I zit! Irll: milli -� ! ' ,i II ii! • EY 111!5 ii WWI 4't MB 61P1 i-c ti pzi 14 Ps12 II t PROPOSED SITE PLAN BH INVESTORS, INC. Agenda Item 10 Page 7 ,, - ,,../.7-- Atop* --,, .00)(46' 441,,,vgyi 9; fe, < % , . ,_ ._ `� - ,...„ , ., t 1 , a „...__: , .,„ . N N , .. - i.... \ ,... _ .. ,. N ,w... x 'NM __ N N • 1 "� I z boy 9 N 5` t-� , ll tr,i” b , % N + e� l '� ba-1 ,,tom/ M 'st + i +r !M1 y \ , :.'‘t , t ,, tt 4 O1 ♦t m 1 . N e, ‘ i ,. t 1 I S y; , - 1 ------ \ , 1 t l t 1t ..••i-' • t 1R ` ' -A`" opo %'+ of `My . 7 N O Cr1 I—I infri ufi rn ' a \tNS�a f ni O ' co c AA , Sfl�N ("4.0 0, LOT WIDTHS OF PROPOSED SUBDIVISION AND SURROUNDING AREA BH INVESTORS, INC. Agenda Item 10 Page 8 LYNNHAVEN f•.., t.- ` BH Investors, Inc. )1' ' Z \) v o �c. Qc, � ' if I VIA*04i a �r f f V151 '''11% a ,ia "20 01,11 IV \-v \__\ 0 ,c) •0--s„ A _ *be o trot` 1 > ►' . , `,�'�,.t\oro N y �,. lith a j• 4 . ° I $101. 0:00..1 Vit:015 zz7(3 D 0000 votwo 400 \..„., 0 0, ,..._ cs,,,\ i mitis O r souTMsµ It K. 1�/s,otto R20 - sovin 041, , 0 1 iroO!oro.' to_l_U# s 40 i- , 2 02 vow 'Zoning with Conditions/Proffers,Open Space Promotion Subdivision Variance to Section 4.4. (b) ZONING HISTORY # DATE REQUEST ACTION 1 02/07/1983 Change of Zoning (R-4 Residential to A-1 Apartment) Approved 2 02/07/1983 Change of Zoning (R-4 Residential to 0-1 Office) Approved 3 07/12/1977 Subdivision Variance Approved BH INVESTORS, INC. Agenda Item 10 Page 9 1 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) BH Investors, Inc.: Howard R. Sykes,Jr., President; Robert H. DeFord, III,Vice President/Secretary 2. List all businesses that have a parent-subsidiary" or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Robert S. Lindsley,Jr., Executor of the Estate of Edwin B. Lindsiey,Jr. 2. List all businesses that have a parent-subsidiary" or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II em� No Ill If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT BH INVESTOIS:INC. Agendaitem 10 `Page 10 11 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) WPL Sykes, Bourdon, Ahern & Levy, P.C. I 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 phot'.raph and view the site for purposes of processing and evaluating this application. 4/ Howard R. Sykes, Jr., President Applicant's ignature Print Name /1/:2 �1Roberti Lindsley,Jr., Executor wner's Signe ure(i different �r{a liclant Print Name Property 9 PP ) DISCLOSURE STATEMENT BH INVESTORS,'iNC. Agendatem 10 Page 11 I la Item#10 BH Investors Variance to the Subdivision Regulations 9376 Lindsley Drive and between 937 &945 Covey Street District 5 Lynnhaven January 14, 2015 CONSENT An application of BH Investors for a Variance to Section 4.4(b) of the Subdivision Regulations on property located at Parcel at 936 Lindsley Drive with frontage on Covey Street between 937 and 945 Covey Street, District 5, Lynnhaven. GPIN: 24087185990000. CONDITION The existing parcel, identified as 'Part of B' on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled "A Preliminary Subdivision of a Portion of Parcel 'B', as Shown on the Division of Property of Edwin B. Lindlsey,Jr., MB 59, P. 9," dated 19 September, 2014, and prepared by WPL. Said subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 10. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 10 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. RECEIVED January 5, 2015 JAN G.9 2015 mann Department Virginia Beach Planning Commission ATTN: Stephen White RM. 115, Bldg. 2, Municipal Center 2405 Courthouse Dr. Virginia Beach, Va. 23456 Dear Planning Commission Members, This letter is to voice our opposition to the subdivision variance application by BH Investors (Applicant)/Robert S. Lindsley Jr. located at 936 Lindsley Dr. (GPIN 24087185990), Virginia Beach, VA. After much thought, the only advantage of this request, which we can think of, is to the developer. The large lot sizes was one of the main reasonswe purchased our property on Lindsley Dr. and we believe to reduce lot sizes would certainly lower our property values. Recommending approval for this application would set a bad precedent for any future applications of this nature. Thanking you in advance for any consideration in this matter. Sincerely, Daniel I. Dixon >40 Nancy B. Dixon 6. 40-e4,Lern 944 Lindsley Dr. Virginia Raach VA 71464 January 13, 2015 To whom it may concern: I am writing this letter in regards to the application for a subdivision variance filed by BH Investors, Inc. for the property located at 936 Lindsley Drive,Virginia Beach,Virginia. I am a homeowner who has lived across the street from this property at 937 Lindsley Drive for almost 12 years. As I do have a vested interest in the values of homes and properties on my street, I am opposed to a variance allowing two new homes to be built on the lot facing Lindsley Drive. Thank you for your consideration, Janet Adamson 937 Lindsley Drive Virginia Beach,VA 23454 (757)481-7406 jmajfa@verizon.net ti 1/1/2015 Robert and Nancy Speisser 964 Covey Street Virginia Beach,VA 23454-3107 757 481 4408 Dear Mr. White We would like to convey our opposition to BH Investments' request for a zoning variance for the property spanning Lindsley Drive(936 Lindsley)and Covey Street(between 937 and 945)in Linkhorn Park. This request is scheduled to be heard at the Planning Commission meeting on January 14, 2015. Our primary objection to the variance rests on two points: 1) Part of the character of our neighborhood is the existence of trees and the wooded area at the end of the cul- de-sac. The proposed construction would destroy the small wooded area at the end of Covey Street. 2) The impact on the resource protection area that runs along the end of Lindsley and Covey. Additional homes would create more pressure on that environmental area in the form of runoffs and the destruction of some of the existing natural gr We also have some concern that any new construction on Covey Street will not be in keeping with the existing architecture of the neighborhood. A new home was recently constructed on Covey Street. While it is a lovely home, it does not fit in with the existing brick, single story ranch homes on the street. Also,the construction of the new home did not impact any natural areas as the lot on which it was built was cleared many years ago and used as a vegetable garden by its former owner. It is our understanding that BH intends to subdivide the property into three lots and that two of the three lots do not meet current zoning regulations. We would not be in opposition to BH levelling the existing structure on the property to build a new residence. Our opposition lies primarily against BH clearing and building on the Covey Street property. Linkhorn Park does not need three more houses crowded into the neighborhood. Sincerely, Robert and Nancy Speisser Fi Stephen J. White From: iwhitehurs@aol.com Sent: Sunday,January 04, 2015 3:47 PM To: Stephen J.White Subject: Subdivision variance 936 Lindsley Dr. I plan on sending a letter by e-mail to the Planning Commission in ref. the above mentioned variance applied for by BH Investers/Robert S. Lindsley, Jr. Should this go to all of the Commission members or is there one email address where it would be shared with all members? I would assume it should be in letter form including signatures. I will also send one for my neighbor who lives next door to 936 Lindsley as he doesn't have a computer. Thanks for any information, Ira Whitehurst 905 Lindsley Dr. Va. Beach, VA 23454 757-496-0584 1 RECEIVED PAN January 5, 2015 Planning Department Virginia Beach Planning Commission ATTN: Stephen White RM. 115, Bldg. 2, Municipal Center 2405 Courthouse Dr. Virginia Beach, Va. 23456 Dear Planning Commission Members, This letter is to voice our opposition to the subdivision variance application by BH Investors (Applicant)/Robert S. Lindsley Jr. located at 936 Lindsley Dr. (GPIN 24087185990), Virginia Beach, VA. After much thought, the only advantage of this request, which we can think of, is to the developer. The large lot sizes was one of the main reason we purchased our property on Lindsley Dr. and we believe to reduce lot sizes would certainly lower our property values. Recommending approval for this application would set a bad precedent for any future applications of this nature. Thanking you in advance for any consideration in this matter. Sincerely, Ira W. Whitehurst y -yJ. J Margaret H. Whitehurst 905 Lindsley Dr. Virginia Beach, VA. 23454 757-496-0584 February 10, 2015 To whom it may concern: I am writing this letter in regards to the application for a subdivision variance filed by BH Investors, Inc. for the property located at 936 Lindsley Drive,Virginia Beach,Virginia. I am a homeowner who has lived across the street from this property at 937 Lindsley Drive for almost 12 years. As I do have a vested interest in the values of homes and properties on my street, I am opposed to a variance allowing two new homes to be built on the lot facing Lindsley Drive. One of the main reasons I bought my home here was because of the lot widths on this street. Thank you for your consideration, 5anetAdamson 937 Lindsley Drive Virginia Beach,VA 23454 (757)481-7406 jmajfa@verizon.net ;11114 0 ---- +Mk, TT ' '[3 - ' . '' '.1' 1 Nemi =l' • VA t:3 . rJ tii c'') Mc.t C 1 cLkti ' ,) .' ... .4 i rjY7( 2-'4 ".Th ti ---OM1 1 r ,2 _ . ; 0 - ' . 4? N tr. :O = ( ‘,„ \-- //,-,--j - r... co T i ,0 CO • CO O `J 'n ;No CO ..0 \\N, \ cr- ' -$Pribl, . et C .ZIkAN \ \ 44- "4 4 N.. t s N,„,::: 4 .' pr / . ea ,.4.... -71_71 • • COO t S\ , .. ----- --mak-� �' \ °,..,411 ` Larivo vokrTi.i: "'-� r„-- 7,---. )„.ii:I..,,,_,, / _, ., 'V ''', .' , 0 Q („/ , 0. K2(/' V YAZ46 0 ( C>\'''''f'AT/c,:- (4....iit. ,,,,. / ' 0j "e. !I! -II.z -..,. g> :2!: / 0c''' , ' ' ' „_ get I r —Air b // i = ,.. .0 Z $:14 1111 41 •1111111111110111r - 'CI.,,,,:' En >II 4 a Tr J------, [ ,...--i I 4 NI, Id Iy<,..,,,__. ,; t"' ;J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD S. & JUDY L. FOSTER (Applicant/Owner), Variance to Section 4.4(d) of the Subdivision Regulations. 3344 Eagle Nest Point (GPINs 1489901705 and 1489903824). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: February 17, 2015 • Background: The site currently consists of two lots that were platted in 1973 as part of a five- lot subdivision. The applicants own two of those lots, which were designated as Lot 1 (1.21 acres) and Lot 2 (2.66 acres) on the 1973 subdivision. The applicants now desire to subdivide the two lots for the purpose of creating a third lot. The subdivision will result in the creation of two lots that do not meet the minimum lot width requirement for the R-40 Residential District. The applicant, therefore, requests a variance from the requirement in Section 4.4(b) of the Subdivision Regulations, which requires that all lots meet the applicable requirements of the Zoning Ordinance. ■ Considerations: The subject site is zoned R-40 Residential, which has a minimum lot area requirement of 40,000 square feet (24,000 of which must be outside water, marsh, or wetlands). The site is 168,450 square feet (3.87 acres) in lot area, and the majority of it is `outside water, marsh, or wetlands.' One of the existing lots (Lot 2) is connected to Eagle Nest Point by 'stem' that is approximately 40 feet in width and 270 feet in length. To provide direct access on Eagle Nest Point for the new lot, the 40 feet will be equally divided between the new lot and the existing lot. Accordingly, these two lots do not meet the minimum lot width requirement of 125 feet. Further details pertaining to the proposed subdivision, 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1 II 1 1 RICHARD S. & JUDY L. FOSTER Page 2 of 2 1. The site, identified as Lot 1 and Lot 2 on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled "Composite Plat of Resubdivision Lots 1 and 2 Parkview Manor — Site E, M.B. 95, PG. 14," dated 10/9/14, prepared by AES Consulting Engineers. Said resubdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The conditions of the variance to the provisions of the Chesapeake Bay Preservation Area Ordinance, granted by the Chesapeake Bay Preservation Area Board on October 27, 2014 are incorporated herein as a condition of the approval of this variance to the Subdivision Regulations. 3. Navigable water access for Lot 1A and Lot 1B shall consist of a shared, single access through the Resource Protection Area of the Chesapeake Bay Preservation Area. The shared single access shall be a minimum of four feet in width and shall be located along the top of bank. The location of the accessway shall be indicated on the subdivision plat. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. , Submitting Department/Agen y: Planning Department t t `"J City Manager: ' LYNNHAVEN Mala Richard S.&Judy L. Foster 8 a4ka �+r January 14, 2015 Public Hearing N ? ,� r APPLICANTS & PROPERTY OWNERS: r RICHARD S. & JUDY L. FOSTER R4C' ! - - R40` R == •r«we we Cr..re.. men,000150.e v...rr. Subdivision Variance to Section 4.4(d) STAFF PLANNER: Stephen J.White REQUEST: Subdivision Variance to Section 4.4(b)of the Subdivision Regulations, which requires that each lot in a subdivision meet the requirements of the Zoning Ordinance ADDRESS/DESCRIPTION: 3344 Eagle Nest Point GPINS: ELECTION SITE SIZE: AICUZ: 1489901705 DISTRICT: 168,450 square feet(3.87 Less than 65 dB DNL and1489903824 LYNNHAVEN acres) • • BACKGROUND / DETAILS OF PROPOSAL The site currently consists of two lots that were platted in 1973 as part of a five-lot subdivision. The applicants own two of those lots, which were designated as Lot 1 (1.21 acres) and Lot 2 (2.66 acres) on the 1973 subdivision. The applicants now desire to subdivide the two lots for the purpose of creating a third lot. The subdivision, as submitted, however, will result in the creation of one new lot that does not meet the minimum lot width requirement for the R-40 Residential District. Additionally, one of the existing lots (Lot 2) is connected to Eagle Nest Point by a portion of the lot that is approximately 40 feet in width and 270 feet in length. To provide direct access on Eagle Nest Point for the new lot, the 40 feet will be equally divided between the new lot and the existing lot, which will reduce the lot width of the existing lot. Accordingly, these two lots do not meet the minimum lot width requirement of 125 feet. The applicant, therefore, requests a variance from the requirement in Section 4.4(b) of the Subdivision Regulations, which requires that all lots meet the applicable requirements of the Zoning Ordinance. The table below compares the relevant dimensional requirements of the R-40 Residential District with those proposed for the new lots. If a lot does not meet a requirement, it is highlighted with the color blue in the table. Approval and recordation of the proposed subdivision is dependent on the granting of a variance to the requirement that is not met. RICHARD & JUDY FOSTER Agenda Item 8 Page 1 Required Lot 1A Lot 1B Lot 1C Lot Width in feet ' 125 152 ±20 ± 20 Lot Area in square feet 40,000 42,689 44,431 81,749 (24,000)2 (42,520)2 (44,181)2 (84,506)2 1 Lot width is measured at the rear of the required front yard.not at the right-of-way. 2 Minimum lot area outside of water,marsh,or wetlands EXISTING(BLUE)AND PROPOSED(RED)LOTS , M NA f SYSTEM. BNARR D 0ESA1 REWCABLE ERYS/ 0001., aWT"11 w51A 2f:8D8W00110t55D APPRD+RNrz EDfi Or ARIER AS '/ IEiD SMBKD Y.Y 70r1 BY NMIE IRyI�S YB.77,PC 28 I Aar.7*7 ST2oNE.�O CP.149-80-9%7 Yt,Y LOW YARR(I.N)15 RC YI�"�y.}IN sir A / ,....i..1.Lm& / GERTIPICATE OF APPROVAL TOE ALDERSIONCBD CERTIFY TINT TIE _ PIAT CONPDAEE TORE APPt10 NI/>k8lt l ( } • — T.5La01VIEOMOF INDMDYADE AcoRO�� —�/---... i __—�_ MR((TO•a,"`y/gL/ RFt.), to00 CTIESE OF TIE BOIRoutYAL.THE �.sr 1 Tk /� b THS'RAT EWING MARC PpxMi PUBLIC INTERES6 MOT SRO,.N ON Tr. 8 r tOq �! \t RE NOT TERLTNATED OR ErrRGUIR1 ti>r? Y _29E7Y('D-¢R C N LOT 1A x A5 1 \ -_�___ 1 _WB'JKTbE f 79Y(WTIL)EIII?OS 0 Y.IM APPROVED D�RECTON Ot PUNNING r9NAC /J\V/y 7 \ CITY Ot ORCNO.BEAD. Q' E Pr�posed Lot 1A/ LY,B« SMR 1 VA Lot,wE WRIST ,,?..,..._",05.„,,,,„_, PwCVED EXiSTi ' L i" R PUBIL,C ROI ol,o ROY.BET01 S �,�' .....'S5'E!lel(OW 70,1R,Y 4 \ or or viRfiNU BE.cN LOT IB /j r• s / B:Ac a -� T n C. . . 4roposed Lot 1B , i �E'1KISTIN LOT 2 \ \ *\_,. .K. B UNE ROOT '1�' EIE4 \ -- /09S� 101 EYIWRSICO AI/�'� \ \'I� �.➢YPDYYAIC EOGfPY.rz roes. 1 rrcm88831 YR•10 t 'ter. A t' .....4888:478 4: A0.11'Kr SIIAREI � ie.„7 / / :., / IOM. \ ?RfiERh;wE AES BMR' _ y / Proposed Lot 1C TOR LOTS 1B AMC,C ?ice. " ` ROM lot\ \ � 8000 ZONE WON `T\ N,, SOAR.I:EAaf.SSOW 1t]LLC —52319a5'E 4.518/20771 PCC1.799.0 20 BY EASEYENI) Y8.OS PC 51 `\ ( l.,,, \ ,,_ co.IN9-90-13OB \\� OE7 1 f _ Ih \ \� 1Q/IE7HYMb! �1[ 9104- N� EAir P R 50.Qw4 EA[xa ASSOCAIWS.LLC NSW 2907071,000757780 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling (Lot 2) SURROUNDING LAND North: • Lynnhaven Bay USE AND ZONING: • Eagle Nest Point South: • Single-family dwellings/ R-40 Residential District East: • Single-family dwellings/ R-40 Residential District West: • Single-family dwellings/ R-40 Residential District NATURAL RESOURCE AND The site consists of vegetation typical of a lawn around a single- RICHARD & JUDY FOSTER Agenda Item 8 Page 2 ill CULTURAL FEATURES: family home: grasses, shrubs, trees, etc. The northern side of the site is adjacent to Lynnhaven Bay, and the subdivision plat shows that all three lots will have direct access to Lynnhaven Bay. Existing Lot 2 (Proposed Lot 1C)currently has such access. The submitted subdivision plat shows strips, approximately 50 feet in width, extending from the shoreline of Proposed Lot 1A and Proposed Lot 1B to the largest portion of each lot. Portions of all three of the proposed lots are located within the Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area. The existing home and the building envelopes for the new lots are outside of the RPA. On October 27, 2014, the Chesapeake Bay Preservation Area Board approved an application for the development of the three lots. The approval has 22 conditions (listed on page 7 of this report)that address numerous issues related to construction of homes on the site, including a condition restricting access to navigable water for Proposed Lots 1A and 1B to a shared pier. That condition notes that"said accessway shall be so noted on the subdivision plat." Staff, therefore, is recommending the same condition with this variance should it be approved. 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 TRAFFIC: The Department of Public Works/Traffic Engineering notes that since the variance will allow the creation of three lots where there are currently two lots, the generated Average Daily Trips (ADT)will increase by that of one single-family dwelling—approximately 10 ADT with 1 to 2 peak hour trips during the morning and afternoon peak periods. WATER AND SEWER: The site is currently connected to City water and sewer. Any new dwellings must connect to the water and sewer system as required by the City Code. • • Section 9.3 of the Subdivision Ordinance states: RICHARD;A JUDY Agen Item 8 age 3 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. • 0 EVALUATION AND RECOMMENDATION The subject site is zoned R-40 Residential, which has a minimum lot area requirement of 40,000 square feet(24,000 of which must be outside water, marsh, or wetlands). The site is 168,450 square feet(3.87 acres) in lot area, and the majority of it is 'outside water, marsh, or wetlands.' Based on the size of the site, four lots would be possible; however, the configuration of the site makes compliance with the applicable development ordinances and construction standards impossible. The site's configuration, as well as that of many of the surrounding properties is typical of areas adjacent to inland bodies of water. The characteristic development pattern most common to these areas is a roadway centered among 'fingers' of land created by various inlets and coves that cut into the land from the Lynnhaven River system. The roadway provides access to the 'fingers,'which are platted into one or more lots, dependent on the area available. In many instances, due to the shape of the area available between the various coves, inlets, and creeks, lots might be deep with adequate frontage on the street, shallow with excessive street frontage, deep and wide at the rear with narrow frontage on the street, or a variety of other lot configurations that significantly differ from the straight line, right angle form that the requirements of the Zoning Ordinance encourage. The subject site is deep, wide at the rear, narrow at the front, and is affected by the Resource Protection Area adjacent to Lynnhaven Bay. Staff finds that these limiting factors demonstrate a level of hardship sufficient to justify a variance allowing the development of the site with three lots. Moreover, Staff finds that granting of a variance will not result in substantial detriment to adjacent properties and will not adversely affect the character of the neighborhood. Lastly, Staff finds that the subdivision that will result from the granting of the variance is consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with the surrounding area. Staff recommends approval of the applicant's request for a variance to Section 4.4(b)of the Subdivision Regulations subject to the conditions below. • 0 RICHARd4 JUDY •S rER ' Agent; Item 8 .age 4 I I I Id CONDITIONS 1. The site, identified as Lot 1 and Lot 2 on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled "Composite Plat of Resubdivision Lots 1 and 2 Parkview Manor—Site E, M.B. 95, PG. 14,"dated 10/9/14, prepared by AES Consulting Engineers. Said resubdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The conditions of the variance to the provisions of the Chesapeake Bay Preservation Area Ordinance, granted by the Chesapeake Bay Preservation Area Board on October 27, 2014 are incorporated herein as a condition of the approval of this variance to the Subdivision Regulations. 3. Navigable water access for Lot 1A and Lot 1B shall consist of a shared, single access through the Resource Protection Area of the Chesapeake Bay Preservation Area. The shared single access shall be a minimum of four feet in width and shall be located along the top of bank. The location of the accessway shall be indicated on the subdivision plat. 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. c RICHARDJUDY •S TER`:;;:;: Agen t: Item 8 `age 5 Conditions of Chesapeake Bay Preservation Area Board Variance (October 27, 2014) Standard Site Conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (to the greatest extent practicable)of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris,or fill shall not be allowed within the area protected by the barrier. 5. Permanent and/or temporary soil stabilization measures shall be applied to all disturbed/denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. Site Specific Conditions: 6. A site plan shall be submitted to the Department of Planning, Development Services Center(DSC)for review and approval prior to the issuance of a building permit. 7. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D—Stormwater Management. 8. For all areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed)vegetation impacts. 9. For proposed lots 1A and 1B,construction limits shall lie a maximum of 15'seaward of improvements. 10. For proposed lots 1A and 1B,wire reinforced 36" silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 15 feet from proposed improvements. 11. All proposed improvements for each lot shall lie above the top of bank feature. 12. Navigable water access for lots 1A and 1B shall be a shared, single access through the Resource Protection Area. Said shared single accessway shall be a maximum of four feet in width and shall be located as close to the top-of-bank as practicable. Said access-way shall be so noted on the subdivision plat. 13. For all proposed lots, the areas within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. RICHARD-. JUDY STEW.: Agen �. Item 8 age 6 t tarty 14. Remove all debris(i.e. trash,vegetative rack material, piled-up metal fence panels, etc.)from the perimeter of the brackish pond and existing marsh. All activities shall be performed by hand to the greatest extent practicable. 15. 20,830 square feet of buffer restoration shall be installed. Said buffer restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4" — 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. 16. 3,940 square feet of a "no mow" zone shall be established along the eastern portion of the property. 17. All required restoration, inclusive of an approved buffer restoration plan, shall be submitted, approved, and restoration installed prior to the recordation of the subdivision plat. 18. No perimeter fill is authorized outboard of the proposed improvements. 19. ** As offered by the applicant of the individual lots, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be calculated in the amount as follows: Proposed impervious cover within the Resource Protection Area (RPA), divided by 4, divided by 27, times 15, times 1.65 for the amount required. Said amount is based on 25% of the proposed impervious cover. Said payment shall provide for a 12-inch deep oyster shell plant within the Lynnhaven River Basin. 20. It is the opinion of the Board that the approval granted is the maximum impervious cover the site(s)can support. 21. If approved,the following note shall be provided on the subdivision plat:"A Chesapeake Bay Preservation Area(CBPA)Board variance was approved September 22,2014. The variance approval contained conditions for all proposed construction that delineated limits of impervious cover for each lot. Limits of impervious cover are shown on the CBPA exhibits and are on file with the Planning Department. Deviation from said exhibit plan may require re-submittal for Board consideration." 22. The conditions and approval associated with this variance are based on the exhibit plan dated September 26,2014, prepared by AES Consulting Engineers and sealed by Donald MacLennan. RICHARD;, JUDY •SER;' .. Agen•= Item 8 .age 7 T ' , - • t z. < „,,, . • '.1i-'• :41 , ,yr JI ••11!) - - ? 4 .:-.„ 3 .4,,,,Sr .f -- )...:,,,,. . , '- i,:1' ';-4' : I, :' i i ' 1' - .,,„ 4' C4/ .., I,n..4 v.', ., '4 ' Cie 'I-.'., 141 ''' ' ''' ,'-„, ,.4-,, --- -... ..fe- ;,... • 'SI alirrila-' -Nil -....4). ... ... • N 4:,:-, •-.J ,1 1°8 /1/) ,, •?///. .4 ! C I I .. ). ' ir "NI . i *. ,c . . , . • ..... -.) , A . . .,..L At- • IIIN" % :It . ., .1 Nem, . A : • . ct .,' E AERIAL OF SITE LOCATION RICHARD & JUDY FOSTER , Agenda Item 8 4 i Page 8 I OVOywl OT ,.y C � pT 22EI V Uw iR• 3 ,-------- ,wise, _. HPJ !I Saajrcu au !It!;- YFs wk� >i t-�� Nao�yy= o yaa �' 111 e2 ` �d� s17 1,-. %- .1,, , 0 1 ,$ r.ts , -- M F r" 5>- i 1 I J �W ;; 3LI NI !a�aYid I'.--• 1!!!i t\ �S O'0 ____rafl'.t,:.__ t ! mak 1 i i �3' g1, wt__- I \ `dry \ R m. '1 14 1, \-N •s o "' \ u� SiFe I I !3a. ' a R J so, Qlir '\ ;� A � J (44 L '''?"'!' "8 X it 4 gg ,.., ,„:„. , , t. --i,„ , ... , .._,., z,.?4 g LI :_ U (8"Od'SZ BW) 3° 1NI N1M'Ob °i�t Od 1S3N 31„3 `fit;t), r PROPOSED RESUBDIVISION 1B _ gyp' ``2 44 s41 I, .61 RICHARD & JUDY FOSTER 4 Agenda Item 8 Page 9 I LYNNHAVEN .t.,. r TT , >D:".,rd S. & Judy L. Foster 411i0 R4 0 t Lynnhaven Bay \ it 11111110 billirr/rAIMPrz 41 ii ' Pi - c0 . y _% a f ;.-fir IV, E: -4 i a.0 , , 47. _ ,A., I, c) i a?1, b ( 1 0 ) 1 , LT 1, 7----,...----------- 4 C .) A '' �� , /7 - 'Zoning with CondifionsiProfera,Open Space Promotion Subdivision Variance to Section 4.4(d) ZONING HISTORY # DATE REQUEST ACTION 1 04/11/2000 Subdivision Variance (Section 4.4b) Approved RICHARD & JUDY FOSTER p Agenda Item 8 Page 10 I 1 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) Richard & Judy Foster 2. List all businesses that have a parent-subsidiary or affiliated business entity2 I relationship with the applicant: (Attach list if necessary) I ZCheck here if the applicant is NOT a corporation, partnership,firm, business, or I/ other unincorporated organization. PROPERTY OWNER DISCLOSURE Ili 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: 4 1. List the property owner name followed by the names of all officers, members, F trustees, partners, etc. below: (Attach list if necessary) Same as applicant. Ci r lift 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 ]r relationship with the applicant: (Attach list if necessary) N/A vCheck here if the property owner is NOT a corporation, partnership, firm, i business, or other unincorporated organization. Ci 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No 1N If yes,what is the name of the official or employee and the nature of their i Y interest? N/A i—,. DISCLOSURE STATEMENT RICHARQ JUDY ✓ StERr1`;, Agen Item 8 ge 11 n II 1 , 4 4 ADDITIONAL DISCLOSURES 4 ,{ 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 4 ' services: (Attach list if necessary) I ! Troutman Sanders LLP- Legal Services AES Consulting - Engineering/Surveying Services 4 Billy Darrington - Environmental Services 1 ' Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting ) power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1. 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. , r 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. I e ,�y�/�9--z1, i lQ — 2 g— 1 Applicant's Signature Print Name p 1 S� / a,-2-.. Sud ©sici' Appli 7 ignatu Print Nam* Revised 10/16/2014 DISCLOSURE STATEMENT RICHARD JUDY ' SFER •'y< Agen. Item 8 .age12 " 11 Item#8 Richard S. &Judy L. Foster Variance to the Subdivision Regulations 3344 Eagle Nest Point District 5 Lynnhaven January 14, 2015 CONSENT An application of Richard S. &Judy L. Foster for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations on property located at 3344 Eagle Nest Point, District 5, Lynnhaven. GPIN: 1489901705 and 1489903824. CONDITIONS 1. The site, identified as Lot 1 and Lot 2 on the plat referenced below, shall be resubdivided into three lots substantially in accordance with the submitted plat, titled "Composite Plat of Resubdivision Lots 1 and 2 Parkview Manor—Site E, M.B. 95, PG. 14," dated 10/9/14, prepared by AES Consulting Engineers. Said resubdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The conditions of the variance to the provisions of the Chesapeake Bay Preservation Area Ordinance, granted by the Chesapeake Bay Preservation Area Board on October 27, 2014 are incorporated herein as a condition of the approval of this variance to the Subdivision Regulations. 3. Navigable water access for Lot 1A and Lot 1B shall consist of a shared, single access through the Resource Protection Area of the Chesapeake Bay Preservation Area.The shared single access shall be a minimum of four feet in width and shall be located along the top of bank. The location of the accessway shall be indicated on the subdivision plat. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Item#8 Richard S. &Judy L. Foster Page 2 By a vote of 11-0,the Commission approved item 8 by consent. R.J. Nutter appeared before the Commission. _- me f a i , 7_ r j ---1 _. --' ,) cf. 14 A 111-1, Lin P-:_\... /„..o 4,471:.._,.....,x,' I J 1-1` G = ' \\\'`‘)\''''\\ ' \\ qv' 1 77 N ' ap ()..„.„.01, 'Csil I ! lam? Ti;fNial, ! i n `Ill --- t O . _ si. 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N TY 4:'7%,.. l k w ilk , r Q • x`'14.. . � � uaa 4e ILI ,,,,,_ %.,,,,i/ et.n..\ ,,,.• ,„. \ ,— ,-;„. , .7.k,4.,,,7. .: .7 7 t e --,,, ,,,,:: ,.:.....4-ir (Tkiw / \ liPlipla ' - - -4‘..ighip,.-%., : L A. mi, 2 , Z te) .4‘...* _a/ _.- _ 14 0 < ."‹ -;x ;( < 4 4 4 •-• a a a a a a a a. aC h Q N / r ' i ?' � rriterfetr (, ° a = £ z Q <i d X 'l".. - 0. roil Sg ` -.,, 0/ .., 4 l'''' a. Q"Ir ° ' W I 6.11j� : 4.: `' 4 st 4 Q aii ci a a ni 'r% : / a a a • 0 I I I u se's f0� Nett f;! �Vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NVR, INC. (Applicant) / MUNDEN FARM, LLC (Owner), Modification of Proffers of a Conditional Change of Zoning granted on 3/26/2006 and modified on 12/10/2013. East side of Munden Farms Lane & Munden Ridge Drive (GPIN 2414206542). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: February 17, 2015 • Background: A Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development District (R-10 Residential and P-1 Preservation Districts) was approved by the Virginia Beach City Council on March 26, 2006. In 2013, City Council approved a Modification of the Proffers of that rezoning due to a desire of the new developer, NVR, to use exterior building materials different from the builder originally associated with the 2006 proposal. • Considerations: The homes that the applicant proposes to construct are larger than those proposed by the original developer. As a result, the size of the lots need minor adjustments to accommodate the larger homes. The necessary increases, however, result in a corresponding reduction in the amount of open space. Proffer 3 currently states that approximately 42.6 acres (59.5 percent) of the property must be set aside as open space. The applicant requests an increase to the size of 40 of the 71 lots by an average of 1,325 square feet each. The resulting 53,000 square feet combined with the area to be dedicated for a future connection to the property to the north (Munden Ridge Drive) reduces the overall open space area to 40.70 acres (56.8 percent of the site area). Since the existing proffer requires 42.6 acres (59.5 percent), the requested modification of the proffer is necessary if the lot sizes are to be increased as proposed. Further details pertaining to the modification of Proffer 3, 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 9-0-2, to recommend approval of this request to the City Council as proffered: 1a NVR Page 2 of 2 PROFFER 1: As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 1 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-one (61) building lots substantially in conformance with the Exhibit entitled "Preliminary Subdivision of Residual Parcel For the Estates at Munden Farms Virginia Beach, VA," dated October 30, 2014, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Land Use Plan"). PROFFER 2: As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 3 as set forth in the 2005 Proffers is replaced with the following covenant, restriction and condition: When the Property is developed, approximately 28.412 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be maintained by the Property Owners' Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 3: Except for the replacement of Proffers numbered 1 and 3, the remaining nine (9) proffered covenants, restrictions and conditions (numbered 2, 4, 5, 6 and 8 through 12) as set forth in the "2005 Proffers" as well as Proffer numbered 7 as set forth in the "First Amended Proffer" are hereby ratified, affirmed and remain binding upon the property. The full list of proffers referenced above in Proffer 3 is provided on page five of the attached 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) &. City Manager: .__. PRINESS ANNE Ma ,p 213 + NVR,Inc. 3 • * B2 G2 AG2 . Br I B2 RiS f January 14, 2015 Public Hearing Pa* 1110,4114,..„7 a ;�. APPLICANT: /.444 tiVi 4illiciap, ' %. - NVR INC. D/B/A - ,. te.... 4 - - _ �, ��� �., RYAN HOMES Ace* , < + • su 65-70 ��: • s � � s-. . PROPERTY OWNER: i AGI•. '��, ' <', t ,i i,, � - A� :tri'- MUNDEN FARM, • AGi •• LLC •Zook',WO Candideamenk IP aos upon Spat P.ee.Nen Modification o/Conditions NIP-Rv.cnv.N Rem Invent O.w•. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning approved by the City Council on December 10, 2013. ADDRESS/DESCRIPTION: Property located on the east side of Princess Anne Road, approximately 1,400 feet south of Sandbridge Road. GPIN: SITE SIZE: AICUZ: 24142066720000 Total Site: 71.62 total acres 65—70 dB DNL Sub Area 2 Area of site subject to this request(referred ELECTION DISTRICT: to as 'Residual Parcel' PRINCESS ANNE in proffers): 50.70 acres • • BACKGROUND / DETAILS OF PROPOSAL Background A Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development(R-10 Residential and P-1 Preservation Districts)was approved by the Virginia Beach City Council on March 26, 2006. In 2013, City Council approved a modification of the exterior building materials, as the applicant, NVR, Inc., is a different home builder from the builder associated with the 2006 proposal. The existing Proffer 3 states that approximately 42.6 acres or 59.5 percent of the property must be set aside as open space.As the applicant's proposed homes are larger than those of the original applicant, slight increases in lot size are necessary, which results in a reduction in the amount of open space. Specifically, the applicant's request will increase the size of 40 of the 71 lots each by an average of 1,325 square feet. The dedication for the future connection to the property to the north (Munden Ridge Drive) in conjunction with the increase in lot sizes causes a reduction in the overall open space to 40.70 acres, hence the need to modify the current Conditional Zoning Agreement. The reduction in open space is NVR, INC. Agenda Item 3 Page 1 53,000 square feet or 1.2 acres, resulting in 56.8 percent of the site as open space. The Conditional Change of Zoning proffers are listed at the end of this report. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Subdivision under construction SURROUNDING LAND North: • Cultivated agricultural fields/AG-1 &AG-2 Agricultural USE AND ZONING: Districts and Conditional 0-2 Office District South: • Cultivated agricultural fields in ARP/AG-1 &AG-2 Agricultural Districts East: • Single-family dwellings/Conditional R-20 Residential District(Open Space Promotion) West: • Princess Anne Road • Cultivated agricultural fields, single-family dwellings, open space associated with a residential development/AG-1 & AG-2 Agricultural Districts and P-1 Preservation District NATURAL RESOURCE AND Prior to construction, the site was a cultivated farm field within the CULTURAL FEATURES: Southern Rivers Watershed. Other than the farm field, there are no significant natural resources on this site nor does there appear to be any cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Transition Area. The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area, promoting open space and a low per acre density. This part of the City is characterized by many high quality residential neighborhoods with significant open space areas. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines. These Guidelines include striving to achieve the goal of attaining 50% open space including berms, trees, buffers, and trails to create safe, accessible and attractive roadway corridors and internal green space to provide attractive visas, recreation areas and protect natural resources. 0 IMPACT ON CITY SERVICES The request to modify the proffered amount of open space (Proffer 3)will have no additional impact on City services than that expected with the Conditional Change of Zoning approved for this property by City Council in 2006 and as modified in 2013. EVALUATION AND RECOMMENDATION As noted above, the Transition Area Design Guidelines recommend that projects strive to achieve a goal of 50 percent open space. The applicant's request to reduce the area of open space from approximately 6� NVR, IC;, Agenda Item 3 Page 2 II 42.6 acres (59.5 percent)to 40.7 acres (56.78 percent)of the 71.2 acres of this residential development remains consistent with this recommendation and the Comprehensive Plan's policies for residential development in this area of the City. Accordingly, Staff recommends approval of the modified proffers below. 4 • MODIFIED 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: As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 1 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-one(61) building lots substantially in conformance with the Exhibit entitled "Preliminary Subdivision of Residual Parcel For the Estates at Munden Farms Virginia Beach, VA," dated October 30, 2014, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the"Land Use Plan"). PROFFER 2: As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 3 as set forth in the 2005 Proffers is replaced with the following covenant, restriction and condition: When the Property is developed, approximately 28.412 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be maintained by the Property Owners' Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 3: Except for the replacement of Proffers numbered 1 and 3, the remaining nine (9) proffered covenants, restrictions and conditions (numbered 2, 4, 5, 6 and 8 through 12) as set forth in the"2005 Proffers" as well as Proffer numbered 7 as set forth in the"First Amended Proffer" are hereby ratified, affirmed and remain binding upon the property. STAFF COMMENTS: As the resulting open space, as depicted on the proffered plan, remains above the target of 50% at 56%, the modification to allow slightly larger lots and a reduction in open space is acceptable to staff. All other proffers previously approved for the development proposal will remain in place. The City Attorney's Office has reviewed the proffer agreement dated October 30, 2014, and found it to be legally sufficient and in acceptable legal form. 'I- NVR' NVR,=AJC, Agenda Itin 3 Pae 3 EI NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NVR,£. C. Agenda Itm 3 Pae 4 I II li i EXISTING PROFFERS FROM 2013 MODIFICATION PROFFER 1: Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. Each residential dwelling constructed on the Property shall have exterior surfaces, excluding roof, trim, windows and doors, that are brick, stone and/or HardiePlank. No less than twenty-five percent(25%)of the seventy-one (71) homes that are constructed in Munden Farm shall have exterior surfaces, excluding roof, trim, windows and doors, which are no less than seventy-five percent(75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographic renderings entitled, "Sample Elevations Munden Farms Community,"dated September 27, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage areas and any two story dwelling shall contain no less than 2,600 square feet of enclose living area excluding garage. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum a two (2)car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 2: Except for the modifications by replacement of Proffer numbered 7, the remaining eleven (11) proffered covenants, restrictions and conditions (numbered 1 through 6 and 7 through 12) as set forth in the"2005 Proffers"are hereby ratified and affirmed. PROFFERS FROM 2006 CHANGE OF ZONING PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than seventy-one (71) building lots substantially in conformance with the Exhibit entitled "Conceptual Land Use Plan Of MUNDEN FARMS, Princess Anne Road Virginia Beach, VA", dated 03/31 /05(Revision A), prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150'TRANSITION AREA BUFFER"as depicted on the Land Use Plan shall be dedicated to the Grantee for future improvement and public use as a bicycle trail and/or horse trail and Landscaped Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the Property is developed, approximately 42.6 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space except the "150'TRANSITION AREA BUFFER" shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is developed, the trails which are depicted on the Land Use Plan shall be created consistent with the "WOODLAND TRAIL" detail on the exhibit entitled "Detail Sheet Plan of Muadert NVR,.rt C,. Agenda It_ 3 Pa 5 I I d Farms, Princess Anne Rd., Virginia Beach, Va.", dated 03/31/05, Revision A, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Detail Sheet"). PROFFER 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Detail Sheet. When the Property is subdivided, any required additional right of way along the Property's frontage on Princess Anne Road shall be dedicated by the Grantor to the Grantee and a left turn lane from Princess Anne Road shall be constructed by the Grantor. PROFFER 6: When the Property is subdivided, the residential building lots shall have a minimum of 12,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions")administered by a Property Owners Association, to which membership is mandatory. The Property owners Association shall be responsible for maintaining all Open Space areas, Common Areas, trails, easements and the entrance feature. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs")within the Open Space Areas. The Deed Restrictions shall mandate that all fencing be uniform, black ornamental aluminum, no more than fifty percent(50%)opaque, no greater than 48 inches in height, similar in style with the fencing shown in the photograph labeled "Entrance Treatment Character into Munden Farms", on the Land Use Plan. PROFFER 7: All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent(75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographs entitled "MUNDEN FARMS - HOMES"dated March 30, 2005 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Those portions of the visible exterior surfaces, excluding roof, trim, windows and doors, which are not brick, shall be a Hardi-Plank or similar, high quality material. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two(2)car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 8: The Grantor shall include the following disclosure in (a)the "Deed Restrictions"; (b)the subdivision plat(s); and (c)the contract(s)wherein they convey any residential lots depicted on the subdivision plat(s): THIS SUBDIVISION IS LOCATED ADJACENT TO A PARCEL ENROLLED IN THE GRANTEE'S AGRICULTURAL RESERVE PROGRAM AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON SAID PARCEL OR OTHER NEARBY PROPERTY. PROFFER 9: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 10: The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to • 5�f .S. NNVR,;:'Agenda It:It 3 Pa 6 integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty(20)years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. PROFFER 11: The Grantor will, if permitted to do so by the owner(s)of the parcel adjacent to the southern boundary of the Property, which parcel is enrolled in the Grantee's Agricultural Reserve Program, excavate and re- grade the existing drainage ditch which runs parallel and adjacent to the shared boundary line. The excavated and re-graded drainage ditch shall have a minimum depth measured from top of bank to toe of slope of four and one-half feet(4.5'). PROFFER 12: 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. Any references hereinabove to the R-10 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the 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. NVR, I`C. Agenda Itn 3 Pate 7 si 1 C7 ,` CO t w . ' k\o, , \\if . tI i • / Z.' �# • r.r' s .'411•H'-- 741` ''r If',.._. Jig,Ir „^y" .ti T , O4, •v \` tid ss J4, id, u CY E 2 . AERIAL OF SITE LOCATION I' NVR, INC. .i; Agenda Item 3 Page 8 I 18f IIg— N 11 Ir s I iv \4+4\ � 1 ll lid; I: 1 = <: �p H tA 1` Ira -',_ \\Y«,, ; i, 5 _ F, If h-`� :.c 3> J 4 q NI A I\ � `S 11111 yK 1lh !Ito 1011, ' ' 1 iir , -\ ' t „I ,, iv, , , , _ 0 no ,i . , ,_ ,_ . ,„ i__ 1` ill,ii - , ., , _____ __,1, �'� � �I �� 0v 11 r 1 1 I I. JAL ,I' mz I jl11II iir \40\\:(401,\\ x W� I 11111 'I o € fill VAI6T4 o 'lll 1. in b frtil ,z Illum\I\Li �1 ROT) ,,a I I� II '9_ �����ii lilt � �,1111 ��� m X , ii_ illi 0 it 41, ..„ // : L• w , - V-------,_ il- // / 1 1 QI I 1 r--�iip���\'%f N . ,„j ✓ 6 1,11i: 1 -., N ,if , ,- - , '1 : it \\ o• UJ gip ' IR; > r ri mss. R YYR W I— 1 I IiiI I ) � I NNM. Q w m t _i. 1 ---- I � m z Q _ b1 - .__ H ° � � > "' - 11 o i PROPOSED SITE LAYOUT ,'` p- .,t t A.R . t,^ ¶Z( NVR, INC. 1 Agenda Item 3 i Page 9 1 v Lo. :. r., ten. ' ; 11 ti 9'P,." f� � a� 11 Ii'g . 1I „Ipi1 i 11'', ', x j5{y �.+ii1 Ll�11j •. . 11 L I X 6 .41 T,/ 10 i' aitiQiiii0 !ii ' . W114 1812 : l/I . •. o kit , fr , ::i it l r k timun001 H. i �" • 4 a0* --,.;- � I i H MI1111111111111 = fi^ I d o:• 0 pi • /IIIIIIIIIIIIWi -� •f._ I 0.: 0,- •s.�a NNUIIIIIg1N IuhlIIIIIIIIIIlI dr 1 ') yx; 11 �mllililIIIulpll 1' €f 11111111011111111 -I. . IIIIIuIullllulll gal; •'� i , IIIIIIWIIIIIIIII ;- ii t , t Iiliilllllllllllll IIIII1111111111111I IIIt11111U1i11111 i 1 Imm omH • iix nuHlnnnnln / t lefi A'aa'' IIIg11NIIIIlI11� o jIIIIIIIIIIIIIIIul .. .. Iir IIIIIIIIINIIIIIII le,$' ' ' I 11111111101111111 �., MI11111111111111111 ..rthl _Illllllllnlllllll _ \"' _; 111111111111111111 k. II!IIIIIIUIIIIIu _, _`, "' `Illillllllllllllu I yy 111111111111111111 ��. i IIIIIIIIIIHIIIIII s;' . I ?(. IIIIIilllllllllll i•t: \ 7 1k AI "lip 1 I,: c C Y > "E 1Y1.1 gl' .I ;'.-0 Y t ' s, is 11444 i SITE LAYOUT FROM 2006 CONDITIONAL CHANGE OF ZONING NVR, INC. Agenda Item 3 Page 10 PRINESS ANNE M rK X12,13 NVR, Inc. AG1 k)% 1■t) • / 32* ' G2 , \ R2°' 7//ii4s//i -- .2 O2* 4 , 44 ,� / '(? _ Ad2 B2 ... :! O� �� • % r`I lob, y *--P 1/* ' ''./'/A G 2 '/' 'far- • / 4JCIAtk. e itilsiiii* ...�%!i-�f�I� �j��.%/���i• L� ^C� !`,.moi+�)tw, A G2* ,� f 0 1,4 �``/7�,i� ���i�,����/ may. 401/ 4 fi • lip • 65-70 i 41 / •'''' teirtagvrit "igify al ti tinhtli 1.1.W Al'WAr 2 A G �� A 7® ��lioNefral ' / , ,5.6 ,,4 .RP* # 1111'' 11,7.iff 1411061P pct ,C',,, it Sl n V l rt `Zoning with Conditions/Proffers.Open Space Promotion Modification of Conditions ARP-Agricultural Reserve Program Overlay ZONING HISTORY # DATE REQUEST ACTION 1 03/11/14 Change of Zoning (AG-1 &AG-2 to Conditional B-1 A) Granted Conditional Use Permit (Housing for Disabled, Commercial Kennel, Granted Assembly Use, Indoor Recreational Facility, Outdoor Recreational Facility, Horses for Hire, Horses for Boarding) 2 10/12/13 Modification of Proffers Granted 03/28/06 Change of Zoning (AG-1 &AG-2 to Conditional PD-H2 Planned Granted Development [R-10 Residential]) 3 05/22/12 Modification of Proffers Granted 06/24/08 Modification of Proffers Granted 06/13/06 Change of Zoning (AG-1 &AG-2 to Conditional PD-H2 Planned Granted Development [R-5S, R-7.5, A-12 & P-1]) 4 02/28/12 Conditional Use Permit (Bulk Storage) Granted 02/24/09 Change of Zoning (AG-1 &AG-2 to Conditional B-2 &0-2) Granted 5 08/12/03 Change of Zoning (AG-1 &AG-2 to Conditional R-20 & P-1) Granted Conditional Use Permit(Open Space Promotion) Granted Conditional Use Permit (Outdoor Recreation Facility) Granted 41 t1 NVR, INC. t, Agenda Item 3 ':t Page 11 1 I, ii 7 — _... - ♦ APPLICANT DISCLOSURE .4 organization, the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: III 1 1. List the applicant name followed by the names of all officers, members, trustees, 0 partners, etc. below: (Attach list if necessary) ▪ NVR, Inc.: See Attached List El i ♦ 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 I relationship with the applicant: (Attach list if necessary) or '4 n Check here if the applicant is NOT a corporation, partnership, firm, business, or ) other unincorporated organization. 4 4 PROPERTY OWNER DISCLOSURE 4 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: i 1. List the property owner name followed by the names of all officers, members, , ♦ trustees, partners, etc. below: (Attach list if necessary) ) Munden Farm, LLC: Jerrold L. Miller, Manager 4 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 ' relationship with the applicant: (Attach list if necessary) HCheck here if the property owner is NOT a corporation, partnership, firm, I business, or other unincorporated organization. I I 1 &2 See next page for footnotes I 1 Does an official or em loyee of the City of Virginia Beach have an interest in the 1 subject land? Yes II No V`I f If yes, what is the name of the official or employee and the nature of their interest? 1 DISCLOSURE STATEMENT NVR,. C, ', Agenda It, 3 ,, Paw 12 II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C.I 6-11/1. Nor (7r01::. "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 4 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. Jesse Faisant, Vice President A ' nt's Signature Print Name Jerrold L. Miller, Manager Prop: owner's Signature(if different than applicant) Print Name DISCLOSURE STATEMENT NVR, INC. Agenda Item 3 Page 13 INCUMBENCY CERTIFICATE NVR,INC. The undersigned hereby certifies that he is Assistant Secretary of NVR,Inc.,a corporation organized and existing under the laws of the Commonwealth of Virginia,and that: • The following serve as officers appointed by the Board of Directors of NVR,Inc.as of the date of this certification: Paul C.Saville Chief Executive Officer and President Robert W.Henley President Financial Services Daniel D.Malzahn Chief Financial Officer,Vice President Finance and Treasurer Joseph P.Bleull Executive Vice President,Building Products James T.Repole Senior Vice President of Human Resources James M.Sack Vice President,General Counsel and Secretary Eugene J.Bredow Vice President,Controller and Assistant Secretary Dennis W.Littell Payroll Director Appointed Area Presidents Jeffrey D.Martchek Kris Lightcap Appointed Vice Presidents Michael Abrams Chris M. Garner David Langley Ronald M.Airey Kenneth P.Glassmacher Robert E.Lattanzi Jeffrey C.Ambrose Richard S.Goldberg Edmund Levendusky Keith Anderson David Greminger Robert Lewis Matthew T.Amoldy John Grierson Michael J.Linthicum Matt Beck Elizabeth Groner Todd Lipschutz David Berman Robert Grothmann Thomas Lofquist Ryan Borleis John E.Harper Harry Louden David Branch Charles Hart Lisa McCulley Liam Brennan Douglass Hensel Curtis McKay Ryan Brogdon Brett Hetrick Sharon J.McKeown Joseph Buehler Todd Hickman Dan Meador Kevin Connery David Hilton Brad Messenger Michael Scott Daniel Brian Huewe Debbie Micale Colen Davidson,Jr. Dwight Hurst Jon Moats David Deal Joe Jenkins Paul Mock Tom Delaney Chad L.Joyce Joseph Morrissey James Duszynski Douglas Kelly Brian Moyer Jesse Faisant Kevin J.Kerwin Tim Naughton Steven P.Fishman Christopher S.Kindbom Keith Neiman. James R Forsyth Kirk Kubista Stephen Neuberger Jerald F.Fountain,Jr. T.Kent LaMotta Kevin Oakley DISCLOSURE STATEMENT ,Agenda It H 3 Pagel 14 Appointed Vice Presidents(cont) James Ohlin Brian Pressman Michael C.Urian Ronald C.Orie,Jr. Peter Robertson Richard E.Vastagh Todd Pallo Matthew W.Rost Kevin Walsh Carla Pezzullo Chad Rush David J.Whitaker K.Scott Phillips Scott A.Shelton Matthew Winkler S Scott Pjesky Kevin Summerville Paul Wishnok Appointed Assistant Vice Presidents Rick Coscia Charles F.Kyle Scott Rubin Jimmy Shawn Colvin Alex Martin Scott Kalman Stephen M.Gillum Carolyn A.Scuderi McCarthy Appointed Assistant Secretaries Denise Amspacher . Paul Hanson Deborah A.Molina Dana Andrews Drusilla Holm Trina Morgan Patricia Bass Diane Holt Victoria A.Nelson Robert J.Busch Matthew A.Horsley Mark A Pocci Tanya Byers Kimberly Kaminer Sherry Rehage Rose Claar Kimberly S.Kearns Nicole Richardson Kathleen Lilly Cleary Julie Koch Teresa Safer Michael Connelly Robin Lawson Maria Sannino Annemarie Cousino Suzanne B.Lemley Greg D.Sarver Amy I.DeMedic Susan C Lucchesi Jamie Savino Jodi DiMaio Lori Martin Elizabeth Selvage Samantha Dionne Cynthia McQuiston Erika Smith Adam Drake Karen Mellon Teresa Taylor-Johnson Lynn Duckworth Mindy Menk Linda Towns . Melissa Evans Melanie Mika Rebecca Weiss Kristen Gray Patricia English Mirabelli Christine Welch IN WITNESS WHEREOF,I have signed this Incumbency Certificate and affixed the seal of the Corporation as of September 126,2013. • 1!t,' , Matthew A.Horsley Assistant Secretary r0, 4 qq 4, `'vr, C_, y' Y H '4 DISCLOSURE STATEMENT , 1 m... s NVR Agenda It 'n 3 Page15 Item#3 NVR, Inc. Modification of Proffers East side of Munden Farms Lane & Munden Ridge Drive District 7 Princess Anne January 14, 2015 CONSENT An application of NVR, Inc.for a Modification of Conditional Change of Zoning approved by the City Council on December 10, 2013 on property located on the east side of Princess Anne Road, approximately 1,400 feet south of Sandbridge Road, District 7, Princess Anne. GPIN: 24142066720000. PROFFERS PROFFER 1: As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 1 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-one (61) building lots substantially in conformance with the Exhibit entitled "Preliminary Subdivision of Residual Parcel For the Estates at Munden Farms Virginia Beach,VA," dated October 30, 2014, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Land Use Plan"). PROFFER 2: As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 3 as set forth in the 2005 Proffers is replaced with the following covenant, restriction and condition: When the Property is developed, approximately 28.412 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be maintained by the Property Owners' Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 3: Except for the replacement of Proffers numbered 1 and 3, the remaining nine (9) proffered covenants, restrictions and conditions (numbered 2, 4, 5, 6 and 8 through 12) as set forth in the "2005 Proffers" as well as Proffer numbered 7 as set forth in the "First Amended Proffer" are hereby ratified, affirmed and remain binding upon the property. A motion was made and seconded by Commissioner Weiner to approve item 3. 11 Item #3 NVR, Inc. Page 2 AYE 9 NAY 0 ABS 2 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABS OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS WALL AYE WEINER AYE By a vote of 9-0-2, with the abstentions so noted, the Commission approved item 3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 4GlA•BEAc O ` ,,�iG!,`,O CITY OF VIRGINIA BEACH e „' ' �,- * INTER-OFFICE CORRESPONDENCE o � � ir 9Rnn4c 0 °, OUR No\o' In Reply Refer To Our File No. DF-9199 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson bS DEPT: City Attorney RE: Conditional Zoning Application; NVR, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 17, 2015. I have reviewed the subject proffer agreement, dated October 30, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS NVR, INC., a Virginia corporation MUNDEN FARM, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of October, 2014, by and between NVR, INC., a Virginia corporation, party of the first part, Grantor; MUNDEN FARM, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 50.703 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property and the party of the first part together as Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this Second Amendment of the previously Proffered Covenants, Restrictions and Conditions dated March 31, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060406000519080 (hereinafter "2005 Proffers"), to GPIN: 2414-20-6542 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB #22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 reflect amendments pertaining to that portion of the land use plan applicable to the Property as hereinabove described; and WHEREAS, the Grantee has previously approved the First Amendment to Proffered Covenants, Restrictions and Conditions dated September 30, 2013 and recorded in the afore referenced Clerk's Office as Instrument Number 20140115000051550 ("First Amended Proffer"),which is unaffected by this request of the Grantors; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. As it pertains to the PROPERTY as herein described, being the remaining 50.703 acre unsubdivided Residual Parcel of the original 71.68 acre tract designated 2 Munden Farms, Proffer numbered 1 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-one (61) building lots substantially in conformance with the Exhibit entitled "Preliminary Subdivision of Residual Parcel For the Estates At Munden Farms Virginia Beach, VA.", dated October 30, 2014, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Land Use Plan"). 2. As it pertains to the Property as herein described,being the remaining 50.703 acres unsubdivided Residual Parcel of the original 71.68 acre tract designated Munden Farms, Proffer numbered 3 as set forth in the 2005 Proffers is replaced with the following covenant, restriction and condition: 3. When the Property is developed, approximately 28.412 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be maintained by the Property Owners Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 3. Except for the replacement of Proffers numbered 1 and 3, the remaining nine (9) proffered covenants, restrictions and conditions (numbered 2, 4, 5, 6 and 8 through 12) as set forth in the "2005 Proffers" as well as Proffer numbered 7 as set forth in the "First Amended Proffer" are hereby ratified, affirmed and remain binding upon the Property. The Grantors further covenant and agree that: All references hereinabove to the R-io Residential District, P-1 Preservation District and PDH-2 Planned Unit Development District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property 3 and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 i I WITNESS the following signature and seal: Grantor: NVR, Inc., a Virginia corporation d/b/a Ryan Homes By: L (SEAL) Jesse Faisant,Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 58 day of 4)0enIce,,t , 2014, by Jessee Faisant, Vice President of NVR, Inc., a Virginia corporation d/b/a Ryan Homes, Grantor. 1 (11/1"11721/(1, 1)71 17* Notary Public My Commission Expires: A/10 V 30, 06 EmilyShelton Smith Notary Registration Number: I S 1.V 2 Z NOTARY PUBLIC 7586223 Commonwealth of Virginia My Commission Expires Nov,30,2018 11 WITNESS the following signature and seal: Grantor: Munden Farm, LLC, a Virginia limited liability company By: - r l (SEAL) °�Je rold L. Miller, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The fo going instrument was acknowledged before me this / day of npve,rt. „/ , 2014, by Jerrold L. Miller, Manager of Munden Farm, LLC, a Virginia limited liability company, Grantor. al.. awak._ _A L Amorar f.tart'Pu i lic My Commission Expires: Al) r` 3cY--- -O • Notary Registration Number: t$ j 6 EXHIBIT "A" All that certain tract, piece or parcel of land lying, situate and being in the Princess Anne District of the City of Virginia Beach, Virginia, being designated as "RESIDUAL PARCEL, Area 2,208,624 SF or 50.703 AC." On that plat entitled "SUBDIVISION OF THE ESTATES AT MUNDEN FARMS PHASE IA, Virginia Beach, Virginia", prepared by MSA, P.C. and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 20140918000886230. GPIN: 2414-20-6542 H:\AM\Mod of Proffers\NVR Inc\2014\2nd Amendment to Proffers.doc 7 N. = < ..i ' < ,: INN " 1Te. .o"is rik °I.- 0* N.,*j 4410k0 D • 'w. cA. 4/..-, , 6 4'\ .440 ‘41' . t . 0+ ,-.4 .. •imoo ,,,.- --, Ile) I c,/. re.- C\ u W i / --Joy..\„,_ , :iii cli . .„..,:;-,6,17m414. p 'ckyR" c., cii: mtw,-, :. .----mo, or 0 .. 0„.4//. . . >41.itst, Artr .144 , < -0 .... ..14, 0 st (si:.,. 0.I .2,.* :fC '. W T.- _-- .4,.\, 4ppA ti ir '• a = c''-:-- 44p, 4-t' - ' 4/ 0 , ./ Aii.._ Ait. Al . out ., c\,_ (i U.• ' f4Tem>0 ert _ 441pri LW.-• •AMC am*\, in - E ' 4 w b's i Fiat f °' Oq4C),t4kflf N474 i: ,.._-'-,We ir I--4' Lo i -v. ..- 0 V 5\MA at . 4/t, � - ca MIfs ifU ,ximemilgealftt',� 0+ v_.� a� Ze,‘ in It" ie>4. ''*4*4.;-\‘..1, ‘,. ••... mit '; .��_r40 ��ts.. ,. N N :,. Jam ' -MPAIIIII�►5►t iW _ -- SO a /WWI __ ___0414 AIIII C141:4 + AIMPAritkre . 7-.:L.:: ui J / / 41 1! 'lam — c N J - — ©�- .. Imo .. /� � o a co -ice— Arat� � •�� c f — , _ _7 _.7ti� J�flJl 2 i ___\ —7-7 WIIIIIal►AIIIII o .•'^�.r' !4.°f"isa'�� s, E�. J �Lvv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MONARCH PROPERTIES, INC. (Applicant/Owner), Conditional Change of Zoning (R-5D Residential to Conditional 0-1 Office). East side of S. Rosemont Road, south of Chandler Creek Road (GPIN 1485923997). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: February 17, 2015 • Background: The applicant requests a Change of Zoning from R-5D Residential District to Conditional 0-1 Office District in order to construct a one-story, 15,494 square foot medical office building. A 66-foot wide Dominion Virginia Power easement that parallels this segment of Rosemont Road severely impacts the development potential of the site. No permanent structures or trees with a height greater than 10 feet high are permitted in the easement. The development potential is also impacted by a triangular lot configuration. • Considerations: The site design is largely dictated by the 66-foot wide easement along the street frontage of the lot and the triangular shape of the lot. The submitted site plan shows the parking spaces under the existing power lines in the easement and the building towards the northern property line. As required by the Zoning Ordinance, a Category I buffer is depicted between the proposed building and the existing dwellings to the north. The proffered building elevations depict a one-story brick medical office building (limited in height to 35 feet) composed of storefront windows and vertical architectural accents. The two building entrances are clearly indicated by additional height and entry features. Further information pertaining to the site and building designs, land use compatibility, 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, passing a motion by a recorded vote of 9-0-2, recommends approval of this request to the City Council as proffered: MONARCH PROPERTIES Page 2 of 2 PROFFER 1: When the Property is developed, it shall be as a one story office building with access, parking and landscaping in substantial conformity with the exhibit titled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF ROSEMONT MEDICAL OFFICE, Virginia Beach, Virginia," prepared by MSA, P.C., (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the one story Medical Office depicted on the Concept Plan shall be developed using architectural designs and building materials shown on the four (4) elevations depicted on the exhibited designated "ROSEMONT MEDICAL OFFICE," prepared by TS3 Architects P.C. (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed and occupied, the refuse dumpster shall only be emptied (i.e. "tipped") between the hours of 7:00 a.m. and 10:00 p.m. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining properties. • 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 V /1\1 City Manager: -, 0-0-1_, ROSE HALL "��>�r,-,o Monarch Properties,Inc. 5 N a , �, ,, ,r, /,, „ ' January 14, 2015 Public � ',- � Y ► t, . A Hearing G �2 , Rso APPLICANT& PROPERTY 4 ' o OWNER: subs ;,* :� o,. `�- MONARCH t + . AP !� Ii r` I2 o t PROPERTIES, kI1 „ i, � AG2 �il 4r - .,; { r '2,-7 )3 L1 , INC. fir' l ,..•',, - " hiP� r= . 12 s....,*c..r+..v.srin 4..sr...P....kw Conditional Zoning Change from R-5D to Conditional B-1 A STAFF PLANNER: Carolyn A. K. Smith REQUEST: Change of Zoning(R-5D Residential District to Conditional 0-1 Office District) ADDRESS/DESCRIPTION: East side of Rosemont Road, south of Chandler Creek Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14859239970000 ROSE HALL 1.86 acres 65-70 dB DNL, Sub Area 3; and small portion at southwest corner is in the 70-75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Change of Zoning from R-5D Residential District to Conditional 0-1 Office District in order to construct a one-story, 15,494 square foot office building.There is an existing 66-foot wide Dominion Virginia Power easement on the property, severely impacting the development potential of the site. No permanent structures or trees taller than 10 feet high are permitted in the easement. The site plan shows the parking spaces under the existing power lines in the easement and the building towards the northern property line. As required by the Zoning Ordinance, a Category I buffer is depicted between the proposed building and the existing dwellings to the north. The proffered building elevations depict a one-story brick medical office building(limited in height to 35 feet)composed of storefront windows and vertical architectural accents. The two building entrances are clearly indicated by additional height and entry features. MONARCH PROPERTIES, INC Agenda Item 5 Page 1 11 I i 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant undeveloped site SURROUNDING LAND North: • Single-family dwellings/R-5D Residential District USE AND ZONING: South: • Rosemont Road • City of Virginia offices and construction yard/ 1-2 Industrial District East: • Vacant undeveloped site and single-family dwellings/R- 5D Residential District and 0-1 Office District West: • Chandler Creek Road • Industrial Park/ 1-1 Light Industrial District NATURAL RESOURCE AND The site is within the Southern Rivers watershed. The property is CULTURAL FEATURES: primarily wooded. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area. The Plan's policies for the Suburban Area are designed to protect its overall character, economic value, and aesthetic quality of the stable neighborhoods. Three key planning principles have been established in the Plan to guard against possible threats to this stability: preservation of neighborhood quality, creation and protection of open spaces, and connectivity for increased mobility. In part, these principles can be accomplished through compatibility of adjacent uses, high quality site and building design, improved connectivity, conscientious environmental stewardship, and adequate screening and buffering. (pp. 3-1 through 3-3) • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Rosemont Road is a two-lane, minor urban arterial. CIP Project#2.038.000 Rosemont Road Phase V, is proposed for this segment of Rosemont Road with a divided four-lane typical section. This active CIP project is in the early design stages. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 13,900 ADT 10,700 ADT 1(LOS 4"D") Existing Land Use`— Rosemont 13,100 ADT 1 (LOS'"E") 112 ADT Road Proposed Land Use 3- 556 ADT 'Average Daily Trips 2 as defined by 1.86 acres of single family dwellings 3as defined by a 15,400 sf medical office building 4 LOS=Level of Service MONARCH PROPERTIES, INC Agenda Item 5 Page 2 WATER: This site must connect to the City water system. There are two water transmission mains located within a public utility easement on the site, a 24-inch and a 20-inch main. There is also a 10-inch City water main along Chandler Creek Road. SEWER: This site must connect to the City sanitary sewer system. There is an existing eight-inch City sanitary sewer main that fronts a portion of this site along Rosemont Road and a 10-inch sanitary sewer main along Chandler Creek Road.Analysis of Pump Station 572 and the sanitary sewer collection system is required to ensure future flows can be accommodated. 4 e EVALUATION AND RECOMMENDATION Staff finds that the applicant's request for a Change of Zoning to 0-1 Office is acceptable. The proposal is reflective of the policies of the Comprehensive Plan and the regulations that have been put in place to limit incompatible uses on properties located around NAS Oceana within Air Installation Compatible Use Zones(AICUZ)greater than 65 dB DNL.The majority of the property is within the 65 to 70 dB AICUZ and a small portion falls within the 70 to 75 dB AICUZ, both zones discourage residential uses, as they are not deemed compatible with the naval operations at Oceana. The transition from a residential zoning to a low-intensive, one-story office use is consistent with the policies of the Comprehensive Plan pertaining to land use compatibility. Based on the existing R-5D Residential District zoning, duplex or single-family dwellings could be constructed on this almost two-acre site as a matter of right; however, the additional driveways along Rosemont Road could adversely impact the traffic flow and capacity of the planned improvements to that right-of-way. The existing 1-2 Heavy Industrial District on the opposite side of Rosemont Road,the adjacent 0-1 Office property to the east, the industrial park to the west, and the Comprehensive Plan's policies regarding the City's commitment to safeguard the future of NAS Oceana as the Navy's East Coast Master Jet Base all reinforce Staff's finding that the rezoning is acceptable. While compatibility with the AICUZ is extremely important, compatibility with existing uses, particularly when residential dwellings are adjacent, is paramount. Staff has worked with the applicant for several months to refine the concepts that were originally submitted. It is Staffs position that the one-story, earth- tone, primarily brick building will be consistent with the scale, mass, and height of the residential homes to the north. There are many cases throughout the city where single-story office uses compatibly exist adjacent to residential dwellings. The extra protection and predictability afforded by the proffers submitted with this rezoning ensures that undesirable uses will not be permitted on this site. The proffers are an excellent tool to ensure, with a high level of certainty, the quality of the final product, in terms of both the architectural design and site layout. The proffers limit permitted uses on the site to that of just"office," which is compatible with the AICUZ; the building will be limited to a one-story height of 35 feet; and, the building's orientation and primary parking lot are located towards Rosemont Road, away from the existing neighborhood to the north. Staff finds that these are all compelling reasons to approve the rezoning request. The Special Area Development Guidelines of the Comprehensive Plan's Reference Handbook Document include design recommendations for the Suburban Area addressing both site and building design. The design principles found in the Guidelines, when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. It is Staffs conclusion that the project meets these Guidelines, particularly with regard to those described below. Access and Circulation --South Rosemont Road is designated in the Master Transportation Plan as an "access-controlled road." By limiting access to one point along the right-of-way, negative impacts to traffic MONARCH PROPERTIES, INC Agenda Item 5 Page 3 flow and roadway capacity are minimized.The applicant has made adjustments to the ingress/egress based on comments from Public Works/Traffic Engineering. Also, a future 10-foot wide pedestrian path along Rosemont Road is depicted on the plan, which is planned as part of the Rosemont Road -Phase V CIP project. Parking Areas and Building Location— As recommended in the Comprehensive Plan Guidelines, the parking areas should be situated so that they are buffered from the arterial highway by landscaping or other physical means and provide safe,well-marked and well-lit access to the building. Unfortunately,the presence of a 66-foot wide Dominion Virginia Power easement and a 15-foot wide utility easement limit the type of plant material used for screening the parking lot.The Guidelines recommend that parking areas be located toward the rear of the site while buildings should be generally oriented to the front; however, constraints such as the lot configuration and the large easement make doing so in this care prohibitive. The concept plan depicts 63 parking spaces with the addition of 22 spaces planned for the future. The total of 85 is the maximum allowed by the Zoning Ordinance. Landscaping—The Guidelines note that non-residential uses that adjoin residential areas should employ effective landscape design techniques and placement of appropriate plant materials to buffer or screen such uses. The required 10-foot wide, Category I Landscape Buffer is depicted on the plan. An additional five feet is also proposed to accommodate any emergency exits and/or drainage features, as may be required during final site plan and building plan review.As mentioned above, the existing 66-foot wide Dominion Virginia Power easement and the 15-foot wide utility easement will limit the type of plant material installed on this property.The Planning Department's Landscape Architect in the Development Services Center will work closely with the applicant during site plan review to accommodate and mitigate for these obstacles. Stormwater Management as Landscape Features—The Guidelines note that whenever possible, stormwater retention systems are encouraged to be designed as landscape amenities with plant materials to soften the appearance.The stormwater ponds are proposed to be screened with plantings. Lighting-The Guidelines note that all outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. The applicant has submitted a proffer that specifically addresses this Guideline. Signage-The Guidelines note that 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 building signs depicted on the renderings are consistent with these recommendations. A separate sign permit will be required and all signage must be compliant with that depicted on the renderings. Architectural Elements and Building Materials-The Guidelines note that structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment. Building materials should be long-lasting, attractive, and high quality with a complimentary color scheme that reflects the character of the area. In Staffs opinion, the submitted renderings and elevations appear to be generally consistent with this Guideline. The one-story, earth tone, primarily brick building will be in keeping with the desired proportional scale, mass, and height in relation to the residential homes to the north. 4 e MONARCH PROPERTIES, INC Agenda Item 5 Page 4 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a one story office building with access, parking and landscaping in substantial conformity with the exhibit titled, "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF ROSEMONT MEDICAL OFFICE, Virginia Beach, Virginia," prepared by MSA, P.C., (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed,the one story Medical Office depicted on the Concept Plan shall be developed using architectural designs and building materials shown on the four(4)elevations depicted on the exhibited designated "ROSEMONT MEDICAL OFFICE," prepared by TS3 Architects P.C. (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining properties. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers ensure that only office uses, compatible with the adjacent residential, will be permitted on the site. In addition, the proffers require that the architectural design and site layout follow what has been submitted, ensuring a high level of certainty as to the quality of the final product. The City Attorney's Office has reviewed the proffer agreement dated October 30, 2015, 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. MONARCH PROPERTIES, INC Agenda Item 5 Page 5 i • y v ) may. , I' G A ,, 40,2 N1 S Y F ' r � Iii , a jl t "� Y •" i fr:111 i 4. at . y2,4kr � y `fi t.4 .E +i , ` t O r , ,, ,. Xfief I y , i 414 I0 • \ \`\ g Co/ t 4''.?- ' It' r- .,-'..*_' \ ' :'. d 2 . • :' / -, { '<` . P �', ,e t t s ` r +: 1 .k r A9 ' ' ! ' .0 X18 s> r v :�� t AERIAL OF SITE LOCATION MONARCH PROPERTIES, INC Agenda Item 5 Page 6 A - A 1 f; 722 , $ ,. q/: l i ` itil Ill -� • .. _ : .,_ _., .,, ; , i, 1, ,,,,,._ , n:,. , ,,,ir- ,„. lie I ,...,. n b 14;: i 0 € : > '\,. .. �.3 t x- ..-+ W 111/ii i c, €;nP! IL \ ' N.... , , ,,.1 O > g i ' - V i, IP Ii 3 11 ir 4, ? II! `_z", ILI 0 “, ; ,F !p ti >- z I 1; a1.3 0 ; . { . . .. wm O - i sIL> PROPOSED SITE LAYOUT i MONARCH PROPERTIES, INC Agenda Item 5 Page 7 Qmoo ; s 0 is �QJ < l wU m oo z-w vl c\, l''' ' . 111 46 .- 40 Ii 4{ 4 plit ‘1. r r.` p K RENDERING OF PROPOSED BUILDING i{ i MONARCH PROPERTIES, INC '6 Agenda Item 5 2' Page 8 .111M IIIIIIIEI BE MEI _ ii- P III z 4 , 0 t 40' # 12 1 OQ w U m OW 0 za w l'' '' ' W - t ri . d E , 4 S _, , , :04:- t #s tefr it Alf = v m tv . ' +11 . ti �`e:4, , '« it � fj� d Y t ` t '4 a i/f V 1 I RENDERING OF PROPOSED BUILDING MONARCH PROPERTIES, INC Agenda Item 5 b Page 9 I 11 3 ■® _U . _ LLLL i Z0s J wV (noms.Z 0 " � s cr2 a 7 : ,. ''''''': * : \ U I I —:—.1... \ \ \ 1 i ! , , . I R. „ ..'r f. D • RENDERING OF PROPOSED BUILDING MONARCH PROPERTIES, INC Agenda Item 5 Page 10 1 II Illi I ,I, - , lamor 4euirsialinolo i , i t Ii'1 l i t 7 th ..1 61 f ci II Miltu 1 41 ----7, 1 °1111,11'11 1 i, Milli 1 Mil i i Ild- EL i a L mm a I mm I ----1- 1 , ,, 111111It a1,1ii _. tm _ NM I 1 -- 11111 -/ imi i 1 , 11111 I __ t NM -- 111.••••1: I 1r1 11111 , gum l .11111 i 11111 L, 'I'll'!t., 11111 -__ 1 1 Iv 10. .111 t . !!: 11110 , , k 101 1 mil -- _... ,. 1.n ... Imo ilii ---i- ile 11 1 1 1 ii I i um , i ini zi ..,. 0.-. . . ELEVATION DRAWINGS OF PROPOSED BUILDING .„,_,- .-- _ W, ",''k rt er-' il MONARCH PROPERTIES, INC Agenda Item 5 -'7)..::)' Page 11 5-3 7.1$),.; 1 t .., r_ , , -, JR 1 , 0.2.;..ityl ROSE HALL Map H-10 Monarch Properties, Inc. Ma.Not to Scale ilk4101Aliif141r1:411014i 4#*;:7644, ,t� �gkwiii7iN� wisp. 7T Xi ,..7,-, . e , / 1.. 7 i 111 ��7,07,11o;, §4:P.--,„-:-?,---1,41.,.. i I , . 0 11110110111Lii � 441; RSD / ' r ; lili 110,1,/401- 04fil 4, / ' rill 00V+1. 1 AP; ow 41 ''''''. ' iIV" , 5D „ Al2 A AG2 ii4ii1k1$,1,15,1,F10 Y� 12 1' 10 ')x'X04► P. . oi'41r.1'.t i14<111>tL.o Z6 'kl g0/ 00 ► 12 ,p-7174"-,1/4 \i 6 I fr I l04iieiorlt'r:i,s,1_'0i,1vl— 'Zoning with Conditions/Proffers,Open Space Promotion Conditional Zoning Change from R-5D to Conditional B-1A ZONING HISTORY # DATE REQUEST ACTION 1 02/28/12 Conditional Use Permit(Outdoor Recreation Facility) Granted 08/11/09 Conditional Use Permit(Indoor Recreation Facility) Granted 03/24/09 Conditional Use Permit(Assembly) Granted 08/22/06 Change of Zoning (AG-1 &2 to Conditional B-2) Granted 2 10/13/09 Conditional Use Permit(bulk storage) Granted 07/03/01 Change of Zoning (R-5D to Conditional I-1) Granted 10/27/98 Reconsideration of Conditions Denied 09/22/98 Change of Zoning (R-5D to Conditional I-1) Granted Conditional Use Permit(Mulching/Processing of Woody Vegetation) Granted 3 07/18/09 Conditional Use Permit(Bulk Storage) Granted 4 01/25/05 Change of Zoning (R-5D to Conditional B-2) Granted Conditional Use Permit(Fuel Sales) Granted 5 08/10/04 Change of Zoning (R-5D to Conditional 1-1, 1-2 & P-1) Granted 6 02/24/98 Conditional Use Permit(Communications Antenna) Granted 7 08/11/92 Change of Zoning (R-5D to Conditional 0-1) Granted 8 01/08/91 Change of Zoning (R-5D to Conditional A-12) Granted A MONARCH PROPERTIES, INC Agenda Item 5 Page 12 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Monarch Properties, Inc.: Matt J. Marshall, Jr., President; Danny W. Speight, Vice President; William E. Burge, Secretary 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) •I 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) • nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &2 See next page for footnotes f Does an official or em loyee 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? a DISCLOSURE STATEMENT MONARCH PROPERTIES, INC Agenda Item 5 Page 13 4 __ 4 ADDITIONAL DISCLOSURES 4 List all known contractors or businesses that have or will provide services with respect 5 to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal 4 services: (Attach list if necessary) ISykes, Bourdon,Ahern & Levy, P.C. 4 MSA, P.C. 1 TS3 Architects ) ' "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. 1 4 Code§2.2-3101. 4 p 2"Affiliated business entity relationship"means"a relationship,other than parent- 4 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 Ientities. 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 Iown 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 i 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 1 l c' M M, .0-s, ./- Applicant s Signature Print Name IProperty Owner's Signature(if different than applicant) Print Name I I DISCLOSURE STATEMENT MONARCH PROPERTIES, INC Agenda Item 5 Page 14 Item#5 Monarch Properties, Inc. Conditional Change of Zoning East side of S. Rosemont Road, South of Chandler Creek Road District 3 Rose Hall January 14, 2015 REGULAR An application of Monarch Properties, Inc. for a Change of Zoning (R-5D Residential District to Conditional 0-1 Office District) on property located on the East side of Rosemont Road, south of Chandler Creek Road, District 3, Rose Hall. GPIN: 14859239970000. PROFFERS PROFFER 1: When the Property is developed, it shall be as a one story office building with access, parking and landscaping in substantial conformity with the exhibit titled, "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF ROSEMONT MEDICAL OFFICE, Virginia Beach,Virginia," prepared by MSA, P.C., (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the one story Medical Office depicted on the Concept Plan shall be developed using architectural designs and building materials shown on the four(4) elevations depicted on the exhibited designated "ROSEMONT MEDICAL OFFICE," prepared by TS3 Architects P.C. (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining properties. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Two additional proffers will be added to address the parking along the northern property line and limiting the hours for tipping the dumpster. A motion was made by Commissioner Inman and seconded by Commissioner Rucinski to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE Item#5 Monarch Properties, Inc. Page 2 HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5. Eddie Bourdon appeared before the Commission on behalf of the applicant. 117 A - - "� c L4 : P�� CITY OF VIRGINIA BEACH " r e { INTER-OFFICE CORRESPONDENCE c'tq�� a` r..F,n'��V 9 OF OUR,NPT\O1 t NS In Reply Refer To Our File No. DF-9200 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay WilsonTAZ DEPT: City Attorney RE: Conditional Zoning Application; Monarch Properties, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 17, 2015. I have reviewed the subject proffer agreement, dated October 30, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen MONARCH PROPERTIES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of October, 2014, by and between MONARCH PROPERTIES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain piece of property containing approximately 1.86 acres located in the Princess Anne District of the City of Virginia Beach, Virginia, which is described in Exhibit "A" attached hereto and incorporated herein by this reference which is hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional 0-1 Office 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 recognizes the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1485-92-3997-0000 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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, in addition to the regulations provided for the 0-1 Office District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a one story office building with access, parking and landscaping in substantial conformity with the exhibit titled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF ROSEMONT MEDICAL OFFICE, Virginia Beach, Virginia", prepared by MSA, P.C. (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the one story Medical Office depicted on the Concept Plan shall be developed using architectural designs and building materials shown on the four (4) elevations depicted on the exhibit designated "ROSEMONT MEDICAL OFFICE", prepared by TS3 Architects P.C. (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When the Property is developed and occupied, the refuse dumpster shall only be emptied (i.e. "tipped")between the hours of 7:00 AM and 10:00 PM. 2 i I 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining properties. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor further 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 (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Monarch Properties,Inc., a Virginia corporation i 1c7 (SEAL) By: � �r�� Title: STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before, �me this 3 day of Mv YID�Y , 2 o i4, by M 0•m dYS klc 1 I TY. , C'YCS` of Monarch Properties, Inc., a Virginia corporation, Grantor. Niacia8AQ,aw\LciciA6 Notary Public My Commission Expires: PNA US\- \ 2D tMQN1K4 f Notary Registration Number: O 9'4'3 3 J' �,~��c� oNw�G� W 7044339 a qt. *****:°-;:.-44y"":0-4) ''' 5 EXHIBIT "A" ALL THAT certain piece or parcel of land situate and lying in Seaboard Magisterial District, Princess Anne County,Virginia, and bounded and described as follows: Beginning at an iron pipe in the Eastern line of the Norfolk Southern right-of-way and running thence N 37° 28'W, 562 feet to an iron pipe; thence N 6i° 30' E, 13 feet; thence S 50° 18' E to a point in the line at J. C. Butts; thence parallel to the Landtown Public Road 135.7 feet to the point of beginning and containing i.o acre more or less. GPIN: 1485-92-3997 H:\AM\Conditional Rezoning\Monarch Properties\Proffer Agreement.doc 6 TSE r '\_ -------- V left41ti . ' '. % .. „____ \ ?,,,,, es.„..\„,„„\ a,.);\ Ett LE ..! 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II I 6.` fit iS) < CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALEXANDRIA PLACE, LLC c/o HAV (Applicant/Owner), Conditional Change of Zoning (A-12 Apartment to Conditional A-24 Apartment). 5700 Magnolia Chase Way (GPIN 1454883083). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: February 17, 2015 • Background: The applicant proposes a Change of Zoning from A-12 Apartment District to Conditional A-24 Apartment District for the purpose of constructing one additional apartment building. The applicant's request to change the zoning to A-24 is made necessary due to the provisions of Section 200 of the Zoning Ordinance, which lists the land features that may and may not be used to determine density, lot coverage, floor area ratio, and minimum lot area requirements. For example, the area within a private or public utility easement greater than 20 feet in width may not be used. There is a 120-foot wide Dominion Virginia Power easement, with a high power transmission line and towers, on the northern portion of the property. Based on the provisions of Section 200, only 20 feet of the 100 may be used to determine density, lot coverage, floor area ratio, and minimum lot area requirements. As a result, while the actual site size is 18.02 acres, the area that may be used to determine density, lot coverage, floor area ratio, and minimum lot area requirements is 15.38 acres. • Considerations: There are currently 185 apartment units on the 15.38-acre site, which equates to a density of 12 units per acre. The applicant's proposal to add a three-story, 24- unit building will result in the density increasing to 13.6 units per acre, which is just above the maximum allowable density for the site with the existing A-12 zoning (12 units per acre). Typically, the increase in density beyond 12 units per acre would be addressed by requesting a rezoning of the property to A-18, which allows 18 units per acre. While a rezoning to A-18 addresses the density issue, it does not address another issue resulting from the existence of the Dominion Virginia Power easement. Maximum lot coverage in the A-18 Apartment District is 50 percent. Construction of the building and its associated 28 new parking spaces increases the overall lot coverage to 57 percent. Accordingly, the applicant's request is for ALEXANDRIA PLACE Page 2of3 Conditional A-24 Apartment District, as it resolves both the density issue and the lot coverage issue. If the Dominion Virginia Power easement was not located on the property, the lot coverage would be 46 percent, below the maximum permitted not only by the A- 24 District but also by the A-18 District. Thus, the request to change the zoning of the property to A-24 Apartment District is solely based on lot coverage and not on density. Moreover, the applicant has proffered that there will be no more than 209 apartment units on the site, which is far below the 276 and 369 units permitted by the A-18 and the A-24 Apartment Districts, respectively. 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 11-0, to recommend approval of this request to the City Council as proffered: PROFFER 1: The Property shall be developed to add one building and associated improvements so that the Property is in substantial conformity with the plan entitled, "Zoning Exhibit for Magnolia Chase Apartments," dated 10/7/2014, prepared by Site Improvement Associates, Inc., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), with copies of the Site Plan being on file with the City's Department of Planning and Community Development ("Planning Department"). PROFFER 2: The appearance of the external building materials for the building to be constructed as described in Section 1 above, shall conform substantially to those shown on the rendering entitled, "Proposed New Apartment Building, Magnolia Chase Apartments, Virginia Beach, Virginia," dated 8/18/2014, prepared by RBA, which rendering has been exhibited to City Council, as may be approved by the appropriate City departments and officials, with copies being on file with the Planning Department. PROFFER 3: There shall be no more than two hundred and nine (209) dwelling units on the Property. 11 1 ALEXANDRIA PLACE Page 3 of 3 • 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:1Planning Department City Manager: S 1'< °lA.. CENTERVILLE 2 e' Alexandria Place,L.L.C.do HAV4 ,, y: A f ` s,' '.:, '� 4-4` �. '-� January 14, 2015 Public Hearing Y ' , ' '• , ;'rim/ ,,1 t, ( APPLICANT & PROPERTY * ,..1 , ,,• ,- F1 OWNER: ,', ' ALEXANDRIA J a �4 , , /t�.� �, PLACE, LLC s rs s� ..% 4a ' I yr -. _'� wit Yr •:...,,.r c.w+..v.rw..a..sr...n....i.. Conditional Zoning Change from A-12 to Conditional A-24 STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning(A-12 Apartment District to Conditional A-24 Apartment District) ADDRESS/DESCRIPTION: 5700 Magnolia Chase Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14548830830000 CENTERVILLE 18.02 acres Less than 65 dB DNL 15.38 acres of area counted towards density 4 0 BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone the existing site, which is zoned A-12 Apartment District, to Conditional A-24 Apartment District for the purpose of adding an additional multifamily apartment building to the site. The entire site is 18.02 acres; however, for purposes of calculating dwelling unit density in accordance with Section 200 of the Zoning Ordinance, the acreage within a private or public utility easement greater than 20 feet in width is excluded. As a 120-foot wide Dominion Virginia Power easement, with a high power transition line and towers, is located in the northern portion of the property, the land to be used in calculating density is reduced from 18.02 acres to 15.38 acres. The apartment complex's stormwater management ponds are also located in the easement. There are currently 185 apartment units on the 15.38-acre site, which equates to a density of 12 units per acre. The applicant proposes to add a three-story, 24-unit apartment building to the existing apartment complex. The density resulting from the addition of the 24 units is 13.6 units per acre, which is just above the maximum allowable density for the site under the existing A-12 zoning (12 units per acre). The means of addressing that increase would typically be a rezoning of the property to A-18, which allows 18 units per acre. In this case, however, the addition of the building and 28 new parking spaces to the property ALEXANDRIA PLACE, LLC Agenda Item 4 Page 1 results in 57 percent lot coverage, which is 7 percent above the maximum allowed in the A-18 District. Based on this, the applicant is requesting a rezoning to Conditional A-24 Apartment District. Details Vehicular access is provided via the existing entrance on Monument Drive. No improvements to the right- of-way are proposed or necessary. While under the A-24 zoning, up to 369 multifamily dwelling units could be constructed, the proffers limit the number of apartment units to 209. The proposed three-story, wood-frame apartment building is depicted as 35 feet in height with two-tone beige and white vinyl lap siding. Balconies, a brick water table, and architectural-grade shingles are also proposed.With 397 parking spaces(28 proposed, 369 existing), the site meets the minimum parking requirement set forth by the Zoning Ordinance. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Apartment complex SURROUNDING LAND North: • City park USE AND ZONING: • Single-family dwellings/R-5D Residential District South: • Lynnhaven Parkway • Single-family dwellings/ R-5D Residential District East: • Monument Drive • Apartments/Conditional B-4 Business District West: • Single-family dwellings/ R-5D Residential District NATURAL RESOURCE AND The site is within the Southern Rivers Watershed. As the property is CULTURAL FEATURES: developed with an apartment complex, there do not appear to be any significant environmental or cultural features on the property. 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. • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Monument Drive in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. A Roadway CIP Project is underway in this area. Lynnhaven Pkwy- Phase XI (CIP 2-167) is for reconstruction of the existing roadway from Indian River Road to Centerville Turnpike to provide an ultimate four-lane divided highway with an eight-foot wide bikeway and a five-foot wide sidewalk. The project will complete the existing gap in Lynnhaven Parkway and will include four additional signals at Monument Drive, Heald Way, Beaufain Boulevard, and Albright Drive. The project is scheduled to be ALEXANDRI, PLACE,tLC. Agenda Item 4 Page 2 li I completed in late 2016. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Monument Drive No Data No Data Available Existing Land Use 2— Available 1,230 ADT Proposed Land Use 3- 1,390 ADT 'Average Daily Trips las defined by 185 apartment units 3 as defined by 209 apartment units WATER&SEWER: This site is already connected to both City water and sanitary sewer service. An existing two-inch water meter and the existing fire meter can be used or upgraded to accommodate the proposal. An engineering hydraulic analysis of Pump Station 462 and the sanitary sewer collection system may be required to ensure future flows can be accommodated SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning 1 Zoning Tallwood Elementary 527 620 0 3 3 Brandon Middle 1,130 1,232 0 2 2 Tallwood High 1,942 2,219 0 9 9 —1Number 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). 4 EVALUATION AND RECOMMENDATION Staff recommends approval of this Change of Zoning to allow an additional 24 multifamily units within one building on this site. The existence of a 100-foot wide Dominion Virginia Power easement reduces the amount of property that can be counted towards overall density and lot coverage. The request to A-24 Apartment District rather than A-18 Apartment District is simply driven by the Zoning Ordinance prohibition for property within any easement wider than 20 feet from being used to calculate both density and lot coverage. While this easement serves as an excellent buffer for the residential dwellings from the adjacent apartment and mixed-use districts, the result is a density and lot coverage that is higher than typically desired in the Suburban Area of the City. The proposed density is 13.6 units per acre, requiring a change in zoning from A-12 to a "more dense" district such as A-18, A-24 or A-36. As required by the Zoning Ordinance, the proposed lot coverage is calculated at 57 percent, thereby eliminating a change of zoning to A-18, which has a maximum lot coverage of 50 percent, to the A-24 District, which has a maximum lot coverage of 60 percent. For comparison, without the easement on the property, the lot coverage would calculate at 46 percent, below the maximum permitted by not only the A-24 District but also by the A-18 District. So, simply stated, the request to the A-24 Apartment District is solely based on lot coverage and not on density. This, combined with the proffered limitation to no more than 209 apartment units on the site, which is far below the 276 and 369 units permitted by the A-18 and the A-24 Apartment Districts respectively, leads Staff to find the applicant's request for a Change of Zoning to Conditional A-24 appropriate. ALEXANDRIA-PLACE Agenda Item 4 Pale 3 4 • 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 shall be developed to add one building and associated improvements so that the Property is in substantial conformity with the plan entitled, "Zoning Exhibit for Magnolia Chase Apartments," dated 10/7/2014, prepared by Site Improvement Associates, Inc., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the"Site Plan"), with copies of the Site Plan being on file with the City's Department of Planning and Community Development ("Planning Department"). PROFFER 2: The appearance of the external building materials for the building to be constructed as described in Section 1 above, shall conform substantially to those shown on the rendering entitled, "Proposed New Apartment Building, Magnolia Chase Apartments, Virginia Beach, Virginia,"dated 8/18/2014, prepared by RBA, which rendering has been exhibited to City Council, as may be approved by the appropriate City departments and officials, with copies being on file with the Planning Department. PROFFER 3: There shall be no more than two hundred and nine (209)dwelling units on the Property. PROFFER 4: Further conditions lawfully imposed by development ordinances may be required by the Grantee during detailed site plan review and administration of applicable City Codes by City agencies and departments, to meet all applicable City Code requirements. STAFF COMMENTS: The proffers ensure that while the A-24 zoning would allow up to 369 multifamily dwelling units, the number of apartment units is limited to 209. In addition, the proffers provide reasonable assurance as to the layout and building design and materials for the project. The City Attorney's Office has reviewed the proffer agreement dated October 29, 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. ALEXANDRIAPLACE, LC Agenda Item 4 Pale 4 m v y �' a v XXX` ,. Q- r. oe ii _ ) � r. ./ ,, * �` I\ ;,,,, 4,r fie ro- ,\ ,e ,...., , \ v.,..„9„ ri Air //J of 0 Il I 4; oj f _ . / e. 411\ 1 X 4 i • flt\e' I' .1, .-' - s` 6' . 1,'., .- '-_. 'N} i : ! 1 t ' i I 1 i; it 11 illi ' a � a I :a • I ,..1 R ( a! i �' 1i ;III 1 lir j 11ai� l ! i I a: Ii Li !ill t 111 I id 1:1ia, c a i la i Iii ;I'1 $11 i 11,11=i cf 1" ! ' ilii 11 ;11111 � 1 t liMi I1i'i4 i; 11 � 1° a :Ili it laliliils i°1111 "hi' _ ,'; il/ i 1 Il ll .,,,ilal1€ ,.a1 1111'1111';;:I ,1,a' ° iaiil 111; r"11:ii.1 id SEE NEXT PAGE a 3�ia�il Till iii"liilimil 11,i s a aril, iliiasIII, �� W 1tr1i tildi hiiilliitliiiil Il liiiiliivtllr111. 1 .q, ti _ ...,CO enuoa$u u. dig Mu: it b 4, --`lar. ____ y {{ i .., 1 iS t 5 �1 ,__,,\' ; a fa: \,0 ,•`.. f, c- fij pi srlismnio ce1.i p _.. 'ter . ' i O w V it - -fq ...• — 1 , 1 d A I w in _1 11/ I' 1 1 i — _ J ? r-`= 10, o ipi I „ , li o " o IT`g ail < , • d I 0 o %, e;i H11N111 •�1:1 � :aaaaaaiii '1111111.1 • SITE LAYOUT SHOWING PROPOSED H CHANGES 41, ALEXANDRIA PLACE, LLC Agenda Item 4 -,'_':2 " Page 6 • - � • • 4" S Xt11 zit PROPOSED SITE LAYOUT ALEXANDRIA PLACE, LLC Agenda Item 4 Page 7 ., . _,,..,, . ... ....,.. .. .. Ela ,. . ,r, . , ,....... . 1_ , ,, .: , ..,:, :,,, ... \-..4 i s EsEE •:, '1; !� BE ; " ' X 4,,, : 1 IEEE EE , HEE EEE!`: 1 a '..-- ,'•' ..\2:/' ' , ° ; 3 � t....,, :.:0; ;"'/' ::: n_go :55z5 CO U U 1 in Z °' W g 2 z Q F _ W Q w E W a .9i 0 Q W I U) U O Q O z Q LI_ E RENDERING OF PROPOSED 24-UNIT APARTMENT BUILDING ALEXANDRIA PLACE, LLC Agenda Item 4 Page 8 CENTERVILLE p B- lAlexandria Place, L.L.C. c/o HAV < =Map saie t . ' a rt �1, o ' U 10 'o� ; tgi i- t:. q� mr,rteitY tompoovilito...rinies to �ce . �014 /Aft A � � �_,•• �� ��%its . 111 �itift. .1 i , ,r , � at . � N ' cleArdt, Nil* alas 1110 "ats. , Z�rEAVW tso TR .x------ \ / y, ht t., '/.�' "7*, ;).iiiio111Y40% %%%�� ���.�\l - #'-'-#1191/1 Li j fd !*,� `i . c'it/�(� S tV-+yiliii p� �0� i./ °"GNOIu �1 / '! APPLICANT DISCLOSURE P If the applicant is a corporation, partnership,firm, business,or other unincorporated I 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) Alexandria Place, L.L.C. Members: James Arnhold and Jennifer Prodan 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑Check here if the applicant is NOT a corporation, partnership,firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE F 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) Applicant is the property owner. 2. List all businesses that have a parent-subsidiaryt or affiliated business entity2 I relationship with the applicant: (Attach list if necessary) I � 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes 11.1Does an official or em loyee of the City City of Virginia Beach have an interest in the subject land? Yes No V`I If yes, what is the name of the official or employee and the nature of their interest? N/A DISCLOSURE STATEMENT ALEXANDRIA-PLACE,' .L =. Agenda Ite 'n 4 Page 10 OF 4 _ _ .'' 14 ADDITIONAL DISCLOSURES '4List all known contractors or businesses that have or will provide services with respect 3 to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal 4 services: (Attach list if necessary) 1 Site Improvement Associates, Inc. t-jha.inJ – '"1:1-1-13a4414. Retnauer Baynes Associates 4 Drucker and Falk 1 Willcox& Savage, P.C. 4 !ie�►i.,o(awjC4w,4e►r " .fwt t e,Macc'M`tea+(& I 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. 4 Code§2.2-3101. ► ! 2"Affiliated business entity relationship"means"a relationship, other than parent- 4 i 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 3 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 3 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 4 between the entitles." 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 4 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 If Planning to photograph and view the site for purposes of processing and evaluating this application. 4 A . AA DRIA PLACE, L.L.C. 4 By: "---re James M.Arnhold, Manager 4 Applicant': `gnature Print Name • Property Owner's Signature(If different than applicant) Print Name i DISCLOSURE STATEMENT ALEXANDRIA PLACE, LLC Agenda Item 4 Page 11 Item#4 Alexandria Place, L.L.C. Conditional Change of Zoning 5700 Magnolia Chase Way District 1 Centerville January 14, 2015 CONSENT An application of Alexandria Place, L.L.C. for a Change of Zoning (A-12 Apartment District to Conditional A-24 Apartment District) on property located at 5700 Magnolia Chase Way, District 1, Centerville. GPIN: 14548830830000. PROFFERS PROFFER 1: The Property shall be developed to add one building and associated improvements so that the Property is in substantial conformity with the plan entitled, "Zoning Exhibit for Magnolia Chase Apartments," dated 10/7/2014, prepared by Site Improvement Associates, Inc., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the "Site Plan"), with copies of the Site Plan being on file with the City's Department of Planning and Community Development ("Planning Department"). PROFFER 2: The appearance of the external building materials for the building to be constructed as described in Section 1 above, shall conform substantially to those shown on the rendering entitled, "Proposed New Apartment Building, Magnolia Chase Apartments,Virginia Beach, Virginia," dated 8/18/2014, prepared by RBA, which rendering has been exhibited to City Council, as may be approved by the appropriate City departments and officials,with copies being on file with the Planning Department. PROFFER 3: There shall be no more than two hundred and nine (209) dwelling units on the Property. PROFFER 4: Further conditions lawfully imposed by development ordinances may be required by the Grantee during detailed site plan review and administration of applicable City Codes by City agencies and departments, to meet all applicable City Code requirements. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE II Item #4 Alexandria Place, L.L.C. Page 2 KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 4 by consent. Steven Davis appeared before the Commission on behalf of the applicant. 1 u�, t CITY OF VIRGINIA BEACH �, ;„71,,..,,,,,, -=-: INTER-OFFICE CORRESPONDENCE wn A, V y c:-1,40 .fir ASM.,' ' R �tn„,,,-'S OF OUR NPt'O In Reply Refer To Our File No. DF-9201 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson Y DEPT: City Attorney RE: Conditional Zoning Application; Alexandria Place, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 17, 2015. I have reviewed the subject proffer agreement, dated October 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: Warren L.Tisdale Willcox&Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,VA 23510-2243 AGREEMENT THIS AGREEMENT, made as of the 2-crftk day of Oct k. - , 2014, by and between ALEXANDRIA PLACE, L.L.C., a Virginia limited liability company (the "Owner" and for indexing purposes, the "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 certain property located in the City of Virginia Beach, Virginia, described in the attached Exhibit A (the "Property"); WHEREAS, the Owner has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification of the Property from A-12 to Conditional A-24; WHEREAS, the City's policy is to provide for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, the Owner acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-24 are needed to cope with the situation to which the Owner's rezoning application gives rise; WHEREAS, the Owner has voluntarily proffered in writing in advance of and prior to the public hearing before the City, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-24 zoning district by the existing City's Zoning Ordinance (the "CZO"), the following reasonable conditions related to the GPIN No.: 14548830830000 I-1294429.3 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Owner and allowed and accepted by the City as part of the amendment to the CZO, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (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 City Council, 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. 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 City Council and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers 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, namely: 1. The Property shall be developed to add one building and associated improvements so that the Property is in substantial conformity with the plan entitled "ZONING EXHIBIT FOR MAGNOLIA CHASE APARTMENTS" dated 10/7/2014, prepared by Site Improvement 2 1-1294429.3 II II Associates, Inc., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials(the"Site Plan"), with copies of the Site Plan being on file with the City's Department of Planning and Community Development ("Planning Department"). 2. The appearance of and external building materials for, the building to be constructed as described in Section 1 above, shall conform substantially to those shown on the rendering entitled PROPOSED NEW APARTMENT BUILDING, MAGNOLIA CHASE APARTMENTS, VIRGINIA BEACH, VIRGINIA dated 8/18/2014, prepared by RBA, which rendering has been exhibited to City Council, as same may be approved by the appropriate City departments and officials,with copies being on file with the Planning Department. 3. There shall be no more than two hundred and nine (209) dwelling units on the Property. 4. Further conditions lawfully imposed by development ordinances may be required by the Grantee during detailed site plan review and administration of applicable City Codes by 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 CZO in force as of the date the conditional zoning amendment is approved by the City. All references herein to"Owner" shall include the Owner's successors in title. The Owner covenants and agrees that (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of City Council 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 Owner shall petition City Council for the review thereof prior to instituting proceedings in court; and (4) the Zoning 3 I-1294429.3 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] 4 1-I 294429.3 I I II OWNER: ALEXANDRIA PLACE, L.L.C., a Virginia limited liability company 411111 Mn By: anagen COMMONWEALTH OK VIRGINIA CITY OF vi r 1f st. 6XACh`, to-wit: The foregoing instrument was sworn to and acknowledged before me this 2.944 ay of bdj , 2014, by James M. Arnhold, who is known to me or has produced identification, and who signed in his capacity of Manager of Alexandria Place,L.L.C. P. PcJ2 Notary Public [AFFIX SEAL OR STAMP] My Commission Expires: 02-12l Imo) ERICA G. POWERS Notary Registration No. 3(0 g I,ONOTARY PUBLIC REGISTRATION#369616 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28,2017 5 1-1294429.3 11 EXHIBIT A All that certain piece or parcel of land, with the buildings and improvement thereon, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as PARCEL A, MAGNOLIA CHASE APARTMENTS (18.080 AC), as shown on that certain plat entitled"RESUBDIVISION OF PROPERTY OF LILLEL FARMS, INC., Lynnhaven Parkway and Monument Drive,Formerly Kempsville 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 271, at pages 65 & 66. Less and Except all that certain portion of property acquired by Commonwealth Transportation Commission of Virginia by Certificate of Take recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20040416000600580 and amended as Instrument Number 20070425000554850 and confirmed by order recorded as Instrument Number 20081002001156460. GPIN No.: 14548830830000 I-1294429.3 I I K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH HEALTH ADVISORY BOARD li I 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 OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 2/03/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND CITY MANAGER BRIEFINGS A. HAMPTON ROADS ECONOMIC Doug Smith-Deputy DEVELOPMENT ALLIANCE City Manager (HREDA) B. INTERIM FINANCIAL Dave Hansen,Deputy STATEMENT City Manager IUIII/IV/ CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNUE F/G MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y February 3,2015 H PUBLIC HEARING ONE SPEAKER 1. Excess City-Owned Property Burton Station Road Ul Ordinance to DECLARE property on ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Burton Station Road CONSENT EXCESS/AUTHORIZE City Manager to sell to SUL Tranquility Lakes,LLC DISTRICT 4—BAYSIDE 2 Ordinances re property at 130 London ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Bridge Road CONSENT a. DECLARE the property EXCESS b. AUTHORIZE the City Manager to ADOPTED,BY 10-1 Y Y Y Y YNY Y Y Y Y CONVEY to the Development CONSENT Authority DISTRICT 6—BEACH 3 Ordinances to ACCEPT/ ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER: CONSENT a. $300,000 from the Landmark Foundation to Public Health re New Baby Care b. $212,612 from Economic Development re final payment to the HREDA c. $20,780 from the Oyster Heritage Fund to Planning/Community Development re Oyster Shell Recycling J/1 LEONARD M.LYON DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Enlargement/Relocation of a Non- INDEFINITELY,BY Conforming Use at 4481 Lee Avenue CONSENT DISTRICT 4-BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 2/03/2015 PAGE: 2 A S- ✓ H S AGENDA E • H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND 2 SUL TRANQUILITY LAKES,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y /WILLIAM DONALD MARTIN,SR. CONDITIONED,BY re Modification of Conditions to CONSENT EXPAND the scope of the project at 5827 Burton Station Road DISTRICT 4—BAYSIDE 3 Ordinances re CITY OF VIRGINIA ADOPTED 9-2 Y Y Y Y Y Y Y Y Y N N BEACH a. AMEND the Comprehensive Plan re Princess Anne/Transition Area, Chapter 4 of the Policy Document b. AMEND the Transition Area Design Guidelines to incorporate by reference into the Comp Plan P APPOINTMENTS RESCHEDULED B Y CONS ENS U S GREEN RIBBON COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE COMMUNITY SERVICES BOARD— Appointed 3 Yr Term 11-0 Y Y Y Y Y Y Y Y Y Y Y CSB 1/1/15-12/31/17 Joyce B.Harvey DEFERRED COMPENSATION BOARD Appointed No Term 11-0 Y Y Y Y Y Y Y Y Y Y Y Dan Edwards— School Representative TRANSITION AREA/ITA CITIZENS Reappointed 3 Yr 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMITTEE Term 3/1/15-2/28/18 Linwood Branch John W.Cromwell Diana Hicks Appointed 3Yr Term 3/1/15-2/28/18 Lisa Hartman PERSONNEL BOARD Reappointed 3Yr 11-0 Y Y Y Y Y Y Y Y Y Y Y Term 3/1/15-2/28/18 Ruby Christian Appointed 3Yr Term —Alternates: 3/1/15-2/28/18 Grace E.McPherson Kristin Osborne Q/R/S ADJOURNMENT 6:16 PM PUBLIC COMMENT—No Speakers