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HomeMy WebLinkAboutMARCH 17, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ♦NIA•BE,gc MAYOR WILLIAM D.SESSOMS,JR.,At-Large J�� .- ' L VICE MAYOR LOUIS R.JONES,Bayside-District 4 0k:,' , M.BENJAMIN DAVENPORT,Al Large ROBERT M.DYER,Centerville-District I I BARBARA M HENLEY,Princess Anne-District 7 U '' SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER--JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-.MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS 17 MARCH 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. ViBe DISTRICT Emily Labows, Director—Cultural Affairs B. CIRQUE DU SOLEIL Mike Eason, Resort Management Administrator Courtney Dyer, General Manager - Convention Center C. LIGHT RAIL TRANSIT EXTENSION UPDATE David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION I I i I V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rowley Pastor Virginia Beach Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 3, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 1409 Old Virginia Beach Road b. 213 Louisa Avenue c. 217 Louisa Avenue 2. Acquisition for rights-of-way a. Indian River and Kempsville Roads Intersection b. Witchduck Road Phase II 3. LEASE OF CITY-OWNED PROPERTY (Café Franchises) a. 11th Street Atlantic Avenue Side Street Café 1011 Atlantic Avenue b. 11th Street Boardwalk Cafe 1011 Atlantic Avenue c. Albie's Pizza Atlantic Avenue Side Street Café 200 21st Street d. Black Angus Atlantic Avenue Sidewalk Café 706 Atlantic Avenue e. Catch 31 Boardwalk Café 3001 Atlantic Avenue f. Dough Boys-24th Atlantic Avenue Sidewalk Café 2410 Atlantic Avenue g. Lagerheads Boardwalk Café 3315 Atlantic Avenue h. Lagerheads Connector Park Café 3315 Atlantic Avenue i. Marriott Courtyard Boardwalk Café 2501 Atlantic Avenue j. Planet Pizza Atlantic Avenue Sidewalk Café 812 Atlantic Avenue k. Rockfish II Connector Park Café 1601 Atlantic Avenue 1. Chix Boardwalk Café 701 Atlantic Avenue 4. POLLING PLACE CHANGES a. Create four(4)new precincts b. Relocate two (2) existing polling places c. One (1)boundary line change I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 10 to ADD four (4)polling Precincts (Dam Neck, Hilltop, Independence and Indian River), change two (2)polling places (Edwin and Hillcrest) and a Precinct boundary change (Davis Corner and Newtown) b. Sections 25-6, 25-8, 25.1-4 re daily reports to Chief of Police by Pawnbrokers, Junk and Secondhand Dealers and Precious Metal and Gem Dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Museum of Contemporary Art ("MOCA") at 2200 Parks Avenue CITY COUNCIL IS REQUESTED TO DEFER this item b. Transitions Community Development Corporation at 213 and 217 Louisa Avenue 3. Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: a. Indian River and Kempsville Roads intersection improvements b. Witchduck Road - Phase II 4. Ordinance to GRANT Open Air Café Franchises: a. Albie's Pizza Atlantic Avenue Side Street Café 5 years b. Black Angus Atlantic Avenue Sidewalk Café 5 years c. Catch 31 Boardwalk Café 5 years d. Dough Boy's Atlantic Avenue Sidewalk Café 5 years e. Lagerheads Cafe Connector Park Café 5 years f. Lagerheads Cafe Boardwalk Café 5 years g. Marriott Courtyard Boardwalk Café 5 years h. Rockfish Cafe Connector Park Café 5 years i. Chix Café Boardwalk Café 1 year 5. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Urban Maintenance payments for: a. Additional streets b. Corrections and deletions to the road inventory 6. Resolution re the Virginia Beach Community Policy and Management Team (CPMT) a. City Manager or Designee to serve as Fiscal Agent to administer CSA funds b. City Auditor to annually audit the total revenues 7. Resolution to NAME Police marine vessels to memorialize fallen Officers 8. Resolution to URGE parents whose children are not fully immunized to proceed with vaccinations 9. Ordinance to EXTEND the date for satisfying the conditions re closing, vacating and discontinuing a portion of Market Street (Town Center Block 9) 10. Resolution re MODIFICATION and EXTENSION of the Town Center Option Agreement with the Development Authority 11. Ordinance to AUTHORIZE Temporary Encroachments into a portion of City property known as Main Street, Columbus Street and Constitution Drive 12. Ordinance to APPROPRIATE and TRANSFER to the Sheriff: a. $1,262,100 re the medical contract expenses b. $ 564,000 annual and sick leave payouts c. $1,204,500 to Special Revenue Fund to offset projected shortfalls J. PLANNING 1. Ordinance to AMEND Sections 111, 230, 901 and 1001of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code re Craft Distilleries as a Conditional Use RECOMMENDATION APPROVAL 2. CROWN CASTLE USA, INC. re Relocation of a Nonconforming Structure (communication tower) on an easement at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6—BEACH 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 4. CHESAPEAKE BAY DISTILLERY,LLC /HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 5. 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 Boulevard and Corporate Landing Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 6. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit (Indoor Commercial Recreation-Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 7. 5073 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit (motor vehicle repair) at 245 Pennsylvania Avenue DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 8. TAKE 5 OIL CHANGE, LLC /1928 LASKIN RD, LLC for a Conditional Use Permit (motor vehicle repair) at 1928 Laskin Road DISTRICT 6—BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 9. Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots: a. BH INVESTORS/ROBERT S. LINDSLEY,JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY,JR at 936 Lindsley Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION APPROVAL b. RICHARD S. and JUDY L. FOSTER at 3344 Eagle Nest Point DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. 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 11. 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 12. 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 K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS —New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA HEACH HEALTH SERVICES 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 ******************************* 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE PRESENTATION MARCH 24TH WORKSHOP APRIL 7TH WORKSHOP APRIL 14TH WORKSHOP APRIL 21sT PUBLIC HEARING—Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chambers APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH SII /gw 03/17/2015 I I MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. ViBe DISTRICT Emily Labows, Director—Cultural Affairs B. CIRQUE DU SOLEIL Mike Eason, Resort Management Administrator Courtney Dyer, General Manager - Convention Center C. LIGHT RAIL TRANSIT EXTENSION UPDATE David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION I I i V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rowley Pastor Virginia Beach Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 3, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 1409 Old Virginia Beach Road b. 213 Louisa Avenue c. 217 Louisa Avenue 2. Acquisition for rights-of-way a. Indian River and Kempsville Roads Intersection b. Witchduck Road Phase II 3. LEASE OF CITY-OWNED PROPERTY (Café Franchises) a. 11th Street Atlantic Avenue Side Street Café 1011 Atlantic Avenue b. 11th Street Boardwalk Cafe 1011 Atlantic Avenue c. Albie's Pizza Atlantic Avenue Side Street Café 200 21St Street d. Black Angus Atlantic Avenue Sidewalk Café 706 Atlantic Avenue e. Catch 31 Boardwalk Café 3001 Atlantic Avenue f. Dough Boys-24th Atlantic Avenue Sidewalk Café 2410 Atlantic Avenue g. Lagerheads Boardwalk Café 3315 Atlantic Avenue h. Lagerheads Connector Park Café 3315 Atlantic Avenue i. Marriott Courtyard Boardwalk Café 2501 Atlantic Avenue j. Planet Pizza Atlantic Avenue Sidewalk Café 812 Atlantic Avenue k. Rockfish II Connector Park Café 1601 Atlantic Avenue 1. Chix Boardwalk Café 701 Atlantic Avenue 4. POLLING PLACE CHANGES a. Create four (4) new precincts b. Relocate two (2) existing polling places c. One (1) boundary line change w"'-1..yiG.) yeP� tt 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 March 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: 1) 1.409 Old Virginia Beach Road(GPIN 2417-17.9326); 2) 213 Louisa Avenue (GPIN 2407-85-6101); and 3) 217 Louisa Avenue (GPIN 2407-85-6107) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office,Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser,MMC City Clerk Beacon March 8,2015 24555164 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 Indian River Road and Kempsville Road Intersection Improvements Project (CIP #2-418), Tuesday, March 17, 2015 at 6:00 p.m., in the Council Chamber of the City Hall BuildiQg (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, 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 March 8,2015 24546148 w , 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, March 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. 1. Ruth Hodges Fraser,MMC City Clerk Beacon March 8,2015 24546109 44,E z) PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on March 17,2015 in the City Council Chamber regarding the proposed café franchise lease of city-owned property located at the following locations: 1. 1011 Atlantic Avenue,to 11'Street,LC t/a 11'Street Atlantic Avenue Side Street Café 2. 1011 Atlantic Avenue,to 11t°Street,LC t/a 11'Street Boardwalk Café 3. 200 21'Street,to Calabrese Management Group,Inc.t/a Albie's Pizza Atlantic Avenue Side Street Café 4. 706 Atlantic Avenue,to A.C.A.Corporation t/a Black Angus Atlantic Avenue Sidewalk Café 5. 3001 Atlantic Avenue,to Thirty-First Street,LC t/a Catch 31 Boardwalk Café 6. 2410 Atlantic Avenue,to Virginia George Company,Inc.t/a Dough Boys-24"Atlantic Avenue Sidewalk Café 7. 3315 Atlantic Avenue,to Gold Key/PHR Food Services,LLC t/a Lagerheads Boardwalk Café 8. 3315 Atlantic Avenue,to Gold Key/PHR Food Services,LLC t/a Lagerheads Connector Park Café 9. 2501 Atlantic Avenue,to Crestline Hotels&Resorts,LLC t/a Marriott Courtyard Boardwalk Café 10. 812 Atlantic Avenue,to Planet Pizza,Inc.t/a Planet Pizza Atlantic Avenue Sidewalk Café 11. 1601 Atlantic Avenue,to Rockfish Sea Grill,LLC t/a Rockfish II Connector Park Café 12. 701 Atlantic Avenue,to Chix Seaside Grille,LLC t/a Chix Boardwalk Cafe The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building(Building#1)at 2401 Courthouse Drive, Virginia Beach,Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason,SGA/Resort Management Office,by calling(757)385-4800. Ruth Hodges Fraser,MMC City Clerk Beacon March 8&15,2015 24555227 1 111 a;`^ faa3�4aay PUBLIC HEARING PROPOSED ORDINANCE TO ADD FOUR PRECINCTS,CHANGE TWO EXISTING POLLING PLACES,AND MAKE ONE PRECINCT BOUNDARY CHANGE The City Council of Virginia Beach, Virginia at its formal session on March 17, 2015 at 6:00 PM will conduct a public hearing upon an ordinance to(i)create four new precincts, (ii) relocate two polling places, and (iii) make one boundary line change. The public hearing will be held at the City Council chambers in City Hall. The ordinance proposes to create four new precincts. The proposed Dam Neck precinct has a polling location at Corporate Landing Elementary School, 1590 Corporate Landing Pkwy.,and this precinct will be made from a portion of Ocean Lakes.The proposed Hilltop precinct has a polling location at Freedom Fellowship,836 Regency Dr.,and this precinct will be made from a portion of Eastern Shore. The proposed Indian River precinct has a polling location at San Lorenzo Spiritual Center, 4556 Indian River Rd.,and this precinct will be made from a portion of Round Hill.The proposed Independence precinct has a polling location at Waters Edge Church, 4141 Holland Rd.,and this precinct will be made from a portion of Dahlia. The ordinance will relocate two polling places. The polling place for the Edwin precinct will move from Kempsville Recreation Center to Kempsville Middle School,860 Churchill Dr. The polling place for the Hillcrest precinct will move from Victory Baptist Church to Village Church, 4013 Indian River Rd. The ordinance will also make a precinct boundary line change to Davis Corner and move a portion of registered voters to the existing Newtown precinct. If adopted, these changes will become effective June 9,2015,Primary Election. A description and maps of the polling place changes, as well as a copy of the aforesaid ordinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. Should you wish to comment on the proposed ordinance,the City Council allows comments upon any agenda item at the March 17 formal session. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired,call:TDD only 711 (TDD —Telephonic Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk Beacon March B and March 15,2015 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 10 to ADD four(4)polling Precincts(Dam Neck,Hilltop,Independence and Indian River), change two (2)polling places(Edwin and Hillcrest)and a Precinct boundary change(Davis Corner and Newtown) b. Sections 25-6,25-8,25.1-4 re daily reports to Chief of Police by Pawnbrokers,Junk and Secondhand Dealers and Precious Metal and Gem Dealers 2. 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 3. Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/permanent easements,either by agreement or condemnation: a. Indian River and Kempsville Roads intersection improvements b. Witchduck Road-Phase II 4. Ordinance to GRANT Open Air Café Franchises: a. Albie's Pizza Atlantic Avenue Side Street Café 5 years b. Black Angus Atlantic Avenue Sidewalk Café 5 years c. Catch 31 Boardwalk Café 5 years d. Dough Boy's Atlantic Avenue Sidewalk Café 5 years e. Lagerheads Cafe Connector Park Café 5 years f. Lagerheads Cafe Boardwalk Café 5 years g. Marriott Courtyard Boardwalk Café 5 years h. Rockfish Cafe Connector Park Café 5 years i. Chix Café Boardwalk Café 1 year 5. Resolutions to REQUEST the Virginia Department of Transportation(VDOT)to ACCEPT Urban Maintenance payments for: a. Additional streets b. Corrections and deletions to the road inventory 6. Resolution re the Virginia Beach Community Policy and Management Team(CPMT) a. City Manager or Designee to serve as Fiscal Agent to administer CSA funds b. City Auditor to annually audit the total revenues 7. Resolution to NAME Police marine vessels to memorialize fallen Officers 8. Resolution to URGE parents whose children are not fully immunized to proceed with vaccinations 9. Ordinance to EXTEND the date for satisfying the conditions re closing,vacating and discontinuing a portion of Market Street(Town Center Block 9) 10. Resolution re MODIFICATION and EXTENSION of the Town Center Option Agreement with the Development Authority 11. Ordinance to AUTHORIZE Temporary Encroachments into a portion of City property known as Main Street, Columbus Street and Constitution Drive 12. Ordinance to APPROPRIATE and TRANSFER to the Sheriff: a. $1,262,100 re the medical contract expenses b. $ 564,000 annual and sick leave payouts c. $1,204,500 to Special Revenue Fund to offset projected shortfalls H.uCyv J y.L fit ZS! L`, ,:Vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Add Four Precincts and Change Two Polling Places and to Approve a Precinct Boundary Change MEETING DATE: March 17, 2015 • Background: The Virginia Beach Electoral Board requests changes in advance of the June Primary Election. There are generally three types of changes requested. First, the Board would like to create four new precincts: 1. The Dam Neck precinct would be established from a portion of existing Ocean Lakes precinct and the polling place for the Dam Neck precinct will be Corporate Landing Elementary School, 1590 Corporate Landing Parkway; 2. The Hilltop precinct would be established from a portion of existing Eastern Shore precinct and the polling place for the Hilltop precinct will be Freedom Fellowship Church, 836 Regency Drive; 3. The Independence precinct would be established from a portion of existing Dahlia precinct and the polling place for the Independence precinct will be Water's Edge Church, 4141 Holland Road; and 4. The Indian River precinct would be established from a portion of existing Round Hill precinct and the polling place for the Indian River precinct will be San Lorenzo Spiritual Center, 4556 Indian River Road. Second, the Board would like to relocate two polling places. The Edwin precinct polling place is currently the Kempsville Recreation Center. Due to demolition of the Recreation Center, the polling place would move to Kempsville Middle School. The Hillcrest precinct polling place would move from Victory Baptist Church to Village Church because Victory Baptist Church no longer wants to be a polling place. Third, the Board would like to move the precinct line between Davis Corner and Newtown. Currently, the Davis Corner precinct has 4,309 registered voters, and Newtown has 1,830. The proposed change in the line would result in 3,112 and 3,027 in Davis Corner and Newtown, respectively. • Considerations: The requested changes would be made prior to the June 9, 2015 Primary Election. All voters in the affected areas would receive new voter cards with the name and address of the new polling location. The polling locations meet the applicable location requirements regarding proximity to precinct boundaries and compliance with the Americans with Disabilities Act. 1 • Public Information: Public notice of the proposed change was published in the Beacon on March 8th and March 15th, and this item also was advertised in the same manner as all other agenda items. As noted above, new voter cards will be provided to the voters in the affected areas. Finally, advertisements will be placed in the newspaper prior to the next election providing polling locations. • Attachments: Ordinance and Exhibits (3) (Exhibit A — Precinct Boundary Change, Exhibit B — New Precincts, and Exhibit C — New Polling Places) Recommended Action: Approval Submitting Department/Agency: Voter Registrar kms"' City Manager. ,� EXHIBITS Exhibit A: "0021 —Davis Corner" - proposed precinct boundary change between Davis Corner and Newtown Exhibit B: New Precincts: "0003 —Ocean Lakes" - proposed new precinct named Dam Neck "0067—Eastern Shore"—proposed new precinct named Hilltop "0073 —Dahlia" -proposed new precinct named Independence "0071 —Round Hill"—proposed new precinct named Indian River Exhibit C: New Polling Places: "0027—Edwin" - proposed polling location of Kempsville Middle School "0087—Hillcrest"—proposed polling location of Village Church I I EXHIBIT A 0021 — Davis Corner Proposal: Relocate approx. 1,197 voters from precinct 0021—Davis Corner, polling location Bettie F. Williams Elementary. Modify the boundary of precinct 0093—Newtown, polling location Good Samaritan Episcopal Church,to include the registered voters relocated from precinct 0021—Davis Corner. Present: Precinct 0021 services approx. 4,309 registered voters Precinct 0093 services approx. 1,830 registered voters Proposed: Precinct 0021 will service approx. 3,112 registered voters Precinct 0093 will service approx. 3,027 registered voters I , li 1 11 ' 069 ' iot 08 whi ^iL i 4.S a .. Baysidt Hugh School - 0 0093—Newtown lieh:10% - x.. (Good Samaritan Episcopal Church ';',., .; 3 3 S. BaywaM/PrIA'':.` t 7 ma• k e -17. 0 Bays.de MockNe School ,Ac.• my 11 koyin Rd T14e44 .. Williams Farm a . Recreation Center 0021—Davis Corner * (Bettie F.Williams Elementary) trid Mart le • 0 L A ragona P a .Z. 1 4 (Air A Guitar Center a ...e. — , 0 ..- 4., ''"•,•.-.........,4 i ' ‘,0 '- 1 • - . ' . df),1 • 0093—Newtown ,. .,.,, (Good Samaritan Episcopal Church): 1 • • esa. ake Baysttle kloddle School y Ac; y • 1 is -p-,,, Ntill'arns Fart!, Fi ecteat oon Center #11) 0021—Davis Corner 4 . i (Bettie F.Williams Elementary) and Mart ,....: . y ... ,, ..7(.,„ • . 4- f) r... iect 4? r , %,,, 6- , 41-.... Rc . c 4,) Nii.444136.444 vt ,... *it*i, 4 It piaa RoYat or • 4-44 Aragona Par 411/ 111,4A Ili 4 64 Ct. 0 / ..k . T34,:ttit' , .c.;" ,t.t. --? Otto, tt.. I Clio Gutter Center es ,.,. 1.-- • .. a , A -, . Of' . a 040 • . . , . _ . ,. -4 EXHIBIT B ( 1 of 4 ) 0003 — Ocean Lakes Proposal: Create additional precinct by relocating approximately 2,121 voters from precinct 0003— Ocean Lakes polling location, Ocean Lakes Elementary, to a newly formed precinct.The proposed precinct's polling location is Corporate Landing Elementary, located at 1590 Corporate Landing Parkway. This polling location is located approximately .5 miles from the nearest border of the proposed precinct as no suitable location was found inside the precinct boundary. Present: Precinct 0003 services approximately 4,554 registered voters Proposed: Precinct 0003 will service approximately 2,433 registered voters New precinct will service 2,121 registered voters New precinct name—0095 Dam Neck • . . . .. .. . .. , • 030: . . -. ,- -.•.:.:,,, '''!i---.,-!-_ (4-- . ., 1 i , • N."-----s;z7-„// 1111A\NI\L .. ,..k-___ __..1%.(,)• ....-- ; —...,: ------7(i -- a m N eck ......--- .-- - ( oi el e t 0.10 0003-Ocean Lakes .., ... "N".•,,s0„ , Ocean Lakes Elementary . ..? . „1,17C------z ' ,T ...5 / ... -':‘; r)0 ! (s.N,,:". .., iN, li N...1\ d .,X . ,. .... ,, .,..;.. )1 / ,C14,- , 4',;- / . ,. . 003 „ -4..",.: / 4 ,-<1 ( "---- nouse . . - _.,,r gostict . ›.-/-•cr/ ./` • // •, ,..,„---/ : .. • • if ..!'''''. .. , .-'' , •. I , Mil . -• S en ate M District .e" . - . .... allot , a / • . . ./ ..., , ...- . . : -- .,-\'' :. ...- • 01, • • - r - .0. 0-,... •-.. , .-- ., .. . -, . - ,.. _ , • ..., .. . . . - I i : .., , -.....,-, . -',X" 1 .I„, ... ,,. •••,r,,, ,. ••'---:;-,.'-/ „„, „,„• ii• .'' :-/ qes9' -----•,‘„.„_,77,-:--'...-4, si ,- --...s.,,,,,, / . --,s„ •'•.,-, .2 ''-'4./0 4)4.1f. House ,, .41:0 -,. - / 063 District . is 81 ::, •-• • 0 .. .., • r.,•. _ .., ... .- . .. 08:) .--. ... •, . , . . .. • • • . 1 d 7. :t Viau; u Readlnc Rd '. !, �rp ,,1a , 0300 Oropdsed: 0095 Dam Neck r"""''` `a!'r.,,:, '- (Corporate Landing Eleme tary) id a '� N``� •0003—Ocean Lakes Ocean Lakes Elementary X1'9,. -;: ■ • rs `.:r } Senate � . District - • ‘,....3.te `OU'S@! $ w. • 84 .....;.;:e.....1 003 (.,is n H . or,of - _.J ■ :,,i,,' �f i }\ • �b f ' c, g -Lrjti 607 , E ■ > o r •■ • ■ / 1 ./.„,,,,,,,e. i / -6 r �c �'` `r ■ -- 08 5 / // -. ':' ...:T -6- f, K ■ - f. 4t ■ ti y -e , t',::,,r, •■ grit,, �=.. ■ hF�, � _ 3 m. exhibit B ( 2 of 4 ) 0067 - Eastern Shore Proposal: Create additional precinct by relocating approximately 2,412 voters from precinct 0067— Eastern Shore polling location, Eastern Shore Chapel, to a newly formed precinct.The proposed precinct's polling location is Freedom Fellowship, located at 836 Regency Drive.This polling location is located within the new precinct's boundary. Present: Precinct 0067 services approximately 4,470 registered voters Proposed: Precinct 0067 will service approximately 2,058 registered voters New precinct will service 2,412 registered voters New precinct name-0096 Hilltop 7- - - .--... -.., a, kNAel o ci, z t a A r r IHOP Y i i I - * '. ,t. 4-'-‘°‘''Of 1:1 4,* 't '<.) Mabte 1,-" ovo.' v.. E.) z.,C.. --e, Kroger Plaza -0 Hilltop North 0 A t.1,1,,, • opping Center II\ ,,,e House Di stri ct..1 -1),, ter La = 2 .:—.- Thonias1-r 6 .... .44 a N .?. = -,-- Steve 1.0 'i-', 82 r- -IT ,o s „ :0. 14.- ,_ II -,........ --------,____ woispoye G;ee*------ - ' Karen LV 0- ',. Whole Foods Market Regency Hilltop La ' • , Hilltop I-9La '... , Shopping Center L._ Captain George's Seak0,67 ,..i. za riT 3 Senate 08 5 0. ril 0 ' 41°14116_,..5?6 0 0067—Eastern Shore 0,. . larget iti 4 rice Place al 7,. DO r0 = SEastern Shore Chapel ' li \ 6/.. 447 c... \ r. gt% Ir'rP FM 1 .3 N0 — laxx , ED rik London Br ge Plaza \--/ ''' --N _____ 11 7.. 757 _ —, ......... .. Garden DE r . :-.., 01011 f- - go pt cr -• f- ( >2) a•...--- - A E7 3 f,,* , N • „")(2 --_, Proposed:0096 Hilltop . 1 ""4"gliff".41,4:14 • (Freedom Fellowship) II MP m 4, ' Ifr/r.y.tt,,q,istut i .4H/2ouse _,--- oMnaarsite', " K..-,.,---r oger Plaza..74, s. 4 •. Hilltop Nort District opping Cent • r MN • .-- • .-:' katen til -.)- 't, Whole Foods Mark- . i __ C - U . •m. III • !lege • Hilltop tsi 01 Hilltop ata I*. Shoppi• Center u Sen a do # if CID :ti Captain George's SearoodDiSolriC . ,,.,.. — I FIT -o VI g 71 tr (7 1 Nis 4,0 0067—Eastern Shore IdrjPt .- ,,_3 Eastern Shore Chapel:. i ,-,...:. 44.. . c.„ %, viOage c)r — --- C5123 ;I \ /-----\on Br ge ,laza -1-1 • - -3- — cr, ardert Or 0 ,... r ,::-.) • "1:11 ,1 EXHIBIT B ( 3 of 4 ) 0073 - Dahl►a Proposal: Create additional precinct by relocating approximately 1,650 voters from precinct 0073— Dahlia polling location, Green Run High School,to a newly formed precinct.The proposed precinct's polling location is Water's Edge Church, located at 4141 Holland Rd.This polling location is located within the new precinct's boundary. Present: Precinct 0073 services approximately 4,752 registered voters Proposed: Precinct 0073 will service approximately 3,102 registered voters New precinct will service 1,650 registered voters New precinct name—0098 Independence 1 11 . E. i74 . c) ,... CL '..........'''''''''".... ."' ..., - • 6 • ' *. 1 H ou s ... * L. ,... ----„,,,, , i Dunkin OonuOIStriCt t 14 ,,,) .„ — , ,,,. . -.r• IrldJ4:11 '. . ........ &VIC roll L ,... e ,..... ., .... ... .._ .. -..,..... _,.._ ... r Lind. I Iltle$3 • ---.. - .,, 4% (4,1( it. tr i L'4. Shopprng MI T. a) 4144%40144( all."111114111410/44vh, rofie - 40rn ),... Silk t. u, iz:.t Iciej il? 4'6'4110P 43•0 ....1 ' e I impor e pr . :2 .1_, .,t. `e Illt 4. 116 073 c.,?,- je.0.45 / '4" ft Mei .71:. ' I ' -' 1 110:4, Lie' vet -.4 .. ..., t co t, 1,7 lb *to "4"."0-04•Nerio° Green Run Hu-0 S.4-0(0 _.L. t. - 0 0073—Green Run (Green Run High School) Ivorsocty,s,q ativiadriy,-Lr, - 045 I ...: . ; ...- ; * roposed: 0098 Independence .k ".0 rf: . . - . ,(Wa 's Edge Church) -et ,. . .....-, . 1I1 ' Ill I -. .. *.. I . . ',.... 11 41,1 'kVA:1 i 11C. I. • ......,6. ''. 1 ....,..... , .'.. S47144147 r, irC I :titto 7.1430,ar Chirnne I ...... — " 0111111111111440440011, ShOpplil! t . ..._.....,... ... .... .. .. . j 6-. fek+.;'''' "IllIllIllOillftbkiobL owe i i , I fl..., -i• Z Ir i,, (,... 4 , •n Al an .,,,,T, b41.7 CI, A Oa i(e ' 1 y ct or D 1 . , 0. i it, k •..of,. t. 1 400000), f-3, •1/4, 4 1 iz, El t, Green Run High School ..0, .• 411/ 0073-Dahlia eS ao, : - a na Ora. • (Green Run High School) • -t- ..? • . D ° rict .., BanYar)f)r el,. 21 .. votiogovi 045;',,,-3-.'!: f. , $ „„fek ' i, windir49‘ a, ......igib. EXHIBIT B ( 4 of 4 ) 0071 - Round Hill Proposal: Create additional precinct by relocating approx. 2,700 voters from precinct 0071—Round Hill, polling location, Salem High School,to a newly formed precinct.The proposed precinct's polling location is San Lorenzo Spiritual Center, located at 4556 Indian River Rd, 23456. This polling location is located approximately .5 miles from the nearest border of the proposed precinct as no suitable location was found inside the precinct boundary. Present: Precinct 0071 services approximately 4,643 registered voters Proposed: Precinct 0071 will service approximately 1,943 registered voters New precinct will service 2,700 registered voters New precinct name—0097 Indian River ..-- «I L. ig. r .- II ' ... V- ,V. L c.,itrt , CS ., .z..... -tr 4 ds cil Pieasan %, , F t el t MarketP " ''''' • :1 I ''''''' el a Val .g.t 1!.."Hd oi i 1- I. 0 0043—Bellamy •;;,;1;'''; .4'.'"` ' , 1 iN;arnpOn A. 4/ 1001.1111.11.1° 41111 (Salem Middle School) MO.' rV LI f 5iiieM High Scho411 0071—Round 1-1ilrl '4 - , (Salem High School) sZAili ..c -... c,.... '' Di strict4 i i ,e14 ict 47 eSsA V Ce 1111 1 - %. ilici 14,30'11v4 "r Tir ‘111 V.)21 ilk '1, ciNesterbrryi*O'{ ° fir ; 0) , , , ,..., ,._ , ;., i, ,,..3, Tv Elementary ylenwoodschool rntAEC'c'' 't u i;1 J.' .cri' I - ...., ,:,:i ' % -p• l'.., ,-, -- lillik.10513, , . ,1 s . - ,c3 n Lorenzo t,,, al Center '1'' -i:scY' 5 LS.'' ve;cv -,0:111 1.- I I * 25 o kf ..,,, 3 I I t„. e it ..i. Pleas an salleyflai''"4/4 n'f'rj- „,..., vnt,0\irc or • -• Marketp . • ..,'•ing . • 0 0043-Bellamy u IN 11 SalempMiddle School) ; • " ._. I -. - • i ,rtt High Sctio410 0071-Round Hill (Salem High School) ck • . 4141 at Mous. Serial •Di stict *I stric t . . , • • III •2 14 'Poo; ,•,rtg ro 1 , • _) 1 t. . , . .., , U . :,. , „ Glenwood . Elementary School et, • iI 4., ii7g.Dr • -iii00.111111P11 . At lit . It4:; a' . W kM Proposed: 0097 Indian River 6 13 4 , (San Lorenzo Spiritual Center) c-',- EXHIBIT C ( 1 of 2 ) 0027 - Edwin Proposal: Due to demolition of Kempsville Recreation Center, the polling place will be moved to Kempsville Middle School, located at 860 Churchill Drive. This location is within the boundaries of the precinct. i 1 li Golf Course c, • . 024 . 1- Larksp Kktle School 0 0027—Edwin (Kempsville Recreation Center) 4111011P A,: * .?..,,,. Proposed: 0027—Edwin et-, fin • (Kempsville Middle School) - . -, V.e0s. r. el ABishop , Sullivan Catholic High School ,Aititie of *ie. ei r„ 't; , pi •- er, go • 0 c el -7.' ), 00-X0 4 ....?:, Jothbee 1 -- 13 cr ° A 4- ...:75'• te 446 ...,.. ..., N S- - 4:. 111 068 .., ..; ... bt, 6.- 0 <I' - c.) b - 4, 0 0 , ,t• 0 P/i V,,i. N. 4 \.7 elgio — (sit 13 c• ,,,,... .1 _ f 1 NI" 1 EXHIBIT C ( 2 of2) 0087 - Hillcrest Proposal: Relocate polling location from Victory Baptist Church due to unavailability,to Village Church, located at 4013 Indian River Rd.This location is within the boundaries of the precinct. 1 11 I I. i III -0,0,91 .-- i Is w i ' 1��. Farm Bureau Live) 04 'af r �t � _ 7 ,, ey far Ur :654 1 Gaines 4. 111‘ ', C�arn ��� � 11 41, ido e Distri , 1087-Hillcrest 4464-4. / :. I/ ze/e- ------ ---- (Victory Baptist Church) 7 i I1 08 Proposed:0087-Hillc is (Villageiurch) Senate f, {' ` ' District '6, .. 14 dry t!s 41 V','., \ ,'f M ;. h ff Y (- \s. 1 If 4 \• 1.1. y \ i ,, 'II, r a 'Sill 0 h II,,.%.' IP ir 41%4 rr 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO ADD FOUR PRECINCTS AND CHANGE TWO 3 POLLING PLACES AND TO APPROVE A PRECINCT 4 BOUNDARY CHANGE 5 6 SECTION AMENDED: § 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 10-1 of the City Code is hereby amended and reordained, to read as 12 follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their 17 respective polling places, as set forth below: 18 19 Precinct Polling Place 20 21 Alanton Alanton Elementary School 22 Aragona Bayside Sixth Grade Campus 23 Arrowhead Arrowhead Elementary School 24 Avalon Woodstock Elementary School 25 Baker Ebenezer Baptist Church 26 Bayside Bayside Elementary School 27 Bellamy Salem Middle School 28 Blackwater Blackwater Fire Station 29 Bonney Holland Road Baptist Church 30 Brandon Brandon Middle School 31 Brookwood Plaza Annex 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Congregation Beth Chaverim 39 College Park College Park Elementary School 40 Colonial Colonial Baptist Church 41 Colony Lynnhaven Colony Congregational Church 42 Corporate Landing Corporate Landing Middle School 43 Courthouse Courthouse Fire Station 44 Creeds Creeds Fire Station 45 Cromwell Salem United Methodist Church 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Dam Neck Corporate Landing Elementary School 49 Davis Corner Bettie F. Williams Elementary School 50 Eastern Shore Eastern Shore Chapel 51 Edinburgh St. Aidan's Episcopal Church 52 Edwin - - - 53 Kempsville Middle School 54 Fairfield Kempsville Presbyterian Church 55 Foxfire Kemps Landing/Old Donation School 56 Glenwood Glenwood Elementary School 57 Great Neck All Saints Episcopal Church 58 Green Run Green Run Elementary School 59 Haygood Haygood United Methodist Church 60 Hillcrest Victory Baptist Church 61 Village Church 62 Hilltop Freedom Fellowship Church 63 Holland Holland Elementary School 64 Homestead Providence Presbyterian Church 65 Hunt Princess Anne Recreation Center 66 Independence Water's Edge Church 67 Indian Lakes Indian Lakes Elementary School 68 Indian River San Lorenzo Spiritual Center 69 Kings Grant St. Nicholas Catholic Church 70 Kingston King's Grant Presbyterian Church 71 Lake Christopher New Covenant Presbyterian Church 72 Lake Joyce Morning Star Baptist Church 73 Lake Smith Bayside Church of Christ 74 Landstown Landstown Community Church 75 Larkspur St. Andrews United Methodist Church 76 Lexington Larkspur Middle School 77 Linkhorn Virginia Beach Community Chapel 78 Little Neck Lynnhaven United Methodist Church 79 London Bridge London Bridge Baptist Church 80 Lynnhaven Tidewater Area Christian Fellowship 81 Magic Hollow Virginia Beach Moose Family Center 82 Malibu Malibu Elementary School 83 Manor Providence Elementary School 84 Mt. Trashmore Windsor Woods Elementary School 85 Newtown Good Samaritan Episcopal Church 86 North Beach Galilee Episcopal Church 87 North Landing Hope Haven 88 Ocean Lakes Ocean Lakes Elementary School 89 Ocean Park Bayside Community Recreation Center 90 Oceana Scott Memorial United Methodist Church 91 Old Donation Calvary Baptist Church 92 Pembroke Pembroke Elementary School 93 Pinewood Lynnhaven Presbyterian Church 94 Plaza Lynnhaven Elementary School 95 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 96 Point O'View Kempsville Church of Christ 97 Red Wing Fraternal Order of Police, Lodge #8 98 Rock Lake Salem Elementary School 99 Rosemont Forest Rosemont Forest Elementary School 100 Roundhill Salem High School 101 102 Rudee Virginia Beach Volunteer Rescue Squad 103 Building 104 Seatack Mount Olive Baptist Church 105 Shannon Church of the Ascension 106 Shelburne Christopher Farms Elementary School 107 Shell Unity Church of Tidewater 108 Shelton Park Shelton Park Elementary 109 Sherry Park St. Matthews Catholic Church 110 Sigma Red Mill Elementary School 111 South Beach Contemporary Art Center of Virginia 112 Stratford Chase Community United Methodist Church 113 Strawbridge Strawbridge Elementary School 114 Tallwood Tallwood Elementary School 115 Thalia Thalia Elementary School 116 Thoroughgood Independence Middle School 117 Timberlake White Oaks Elementary School 118 Trantwood Virginia Beach Christian Church 119 Upton Three Oaks Elementary School 120 Village Thalia Lynn Baptist Church 121 Windsor Oaks Windsor Oaks Elementary School 122 Witchduck Bayside Presbyterian Church 123 Wolfsnare Virginia Beach Christian Life Center 124 Central Absentee Voter AgricultureNoter Registrar Building 125 Precinct 126 127 2. The Council approves the relocation of the precinct boundary line between the Davis 128 Corner Precinct and the Newtown Precinct as provided in the map attached hereto as 129 "Exhibit A" Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 1) SUFFICIENCY: / ,-- - Voter Registrar City Atto ice CA13277 R-1 February 12, 2015 tiwZy Pub 2:.' 4Y'L:i T s� �p�t K m Sj i +�.:!?asas.,�c"-1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 25-6, 25-8 and 25.1-4 of the City Code Pertaining to Daily Reports to Chief of Police by Pawnbrokers; Junk and Secondhand Dealers and Precious Metal and Gem Dealers MEETING DATE: March 17, 2015 • Background: In accordance with state law, the City requires pawnbrokers, junk dealers, secondhand dealers, and precious metal and gem dealers to maintain records of the items they receive and sell and to submit daily reports to the Police Department. If items are reported to the Police as being stolen, Police can reference the daily reports and other required records to determine if someone has attempted to sell or pawn stolen property. The state laws regarding such records and reporting have been amended, and similar amendments to City Code are needed. • Considerations: The proposed amendments to City Code § 25-6 concern the timing and contents of the daily reports to Police made by pawnbrokers, secondhand dealers and junk dealers. The amendments to City Code § 25-8 concern pawnbroker records, and the amendments to City Code § 25.1-4 concern records and reports of precious metal and gem dealers. The effective date of this ordinance is May 1, 2015, which will allow Police time to inform business owners of these changes and will allow the businesses time to conform with the revised requirements. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police City Manager: 1 , I I iI 1 AN ORDINANCE TO AMEND SECTIONS 25- 2 6, 25-8 AND 25.1-4 OF THE CITY CODE 3 PERTAINING TO DAILY REPORTS TO 4 CHIEF OF POLICE BY PAWNBROKERS; 5 JUNK AND SECONDHAND DEALERS AND 6 PRECIOUS METAL AND GEM DEALERS 7 8 SECTIONS AMENDED: § 25-6, 25-8 AND 9 25.1-4 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 25-6, 25-8 and 25.1-4 of the Code of the City of Virginia Beach, 15 Virginia, are hereby amended and reordained to read as follows: 16 17 Sec. 25-6. Daily reports to chief of police. 18 (a) All pawnbrokers, secondhand dealers and junk dealers shall furnish daily, by 1400 19 p,m, noon, to the chief of police or his designee, a true and correct report, of all 20 items pawned, purchased, sold, bartered or exchanged or otherwise coming into his 21 possession, during the preceding business day, except such as is purchased at 22 public auction. Each item included in the report shall be described as accurately as 23 possible and shall include any brand name, model number, serial number, initial or 24 name or any other identifying marks found on the item. The report shall include the 25 full name of the person pawning, pledging, or selling the goods, article, or thing; 26 residence address; telephone number; the identification card type, number, and 27 issuing agency recorded from a government-issued identification card bearing a 28 photograph of the pledger or seller presented during the transaction; a photograph 29 or digital image of the form of identification used by the pledger or seller; and a 30 description of the pledger or seller, including the height, weight, date of birth, race, 31 gender, hair and eye color, and any other identifying marks, of such person. The 32 report shall be submitted in an electronic format as provided by the chief of police or 33 his designee. 34 (b) If the purchase, sale or acquisition occurs during a weekend or holiday, then the 35 submittal of the electronic report required in subsection (a) above shall be made no 36 later than 1:00 p.m. noon the next regular business day. 37 (c) For each loan or transaction, a pawnbroker, junk dealer or secondhand dealer may 38 charge a service fee for making daily electronic reports as required above. Such fee 39 shall not exceed five (5) percent of the amount of the loan or transaction, or three 40 dollars ($3.00), whichever is less. 41 (d) A violation of this section shall constitute a class 4 misdemeanor. I I iI 42 . . . . 43 Sec. 25-8. Pawnbroker's records. 44 (a) Every pawnbroker shall keep at his place of business a book or books, in which 45 - - - - - - -- - -- - - - - - • - -- - - 46 - - -- • - - - --- - - - - -- - - - - -- - •• - - - - 47 or transaction, setting forth: an accurate and legible record of each loan or 48 transaction in the course of his business, including transactions in which 49 secondhand goods, wares, or merchandise is purchased for resale. The account 50 shall be recorded at the time of the loan or transaction and shall include: 51 (1) A description, (serial number, and a statement of ownership) of the goods, 52 article or thing pawned or pledged or received on account of money loaned 53 thereon or purchased for resale; 54 (2) The time, date, and place of receiving the transaction; 55 (3) The amount of money loaned thereon at the time of the pledging of the same or 56 paid as the purchase price; 57 (4) The rate of interest to be paid on such loan; 58 (5) The fees charged by the pawnbroker, itemizing each fee charged; 59 (6) The full name, residence address, telephone number, and driver's license 60 number or other form of identification of the person pawning or pledging or 61 selling the goods, article or thing, together with a particular description, 62 including the height, weight, date of birth, race, gender, hair and eye color, and 63 any other identifying marks of such person; 64 (7) Verification of the identification by the exhibition of a government-issued 65 identification card bearing a photograph of the person pawning, pledging, or 66 selling the goods, article, or thing, such as a driver's license or military 67 identification state identification card. The record shall contain the type of 68 identification exhibited, the issuing agency, and the number thereon; 69 (8) A digital image of the form of identification used by the person involved in the 70 transaction; 71 (89) As to loans, the terms and conditions of the loan, including the period for which 72 any such loan may be made; and 73 (910) All other facts and circumstances respecting such loan or purchase. 74 (b) The chief of police shall promulgate regulations specifying the nature of the 75 particular description for the purposes of subsection (56) above and he shall 76 promulgate regulations specifying the nature of identifying credentials of the person 77 pawning, or pledging, or selling the goods, article, or thing. Such credentials shall 78 be examined by the pawnbroker, and an appropriate record retained thereof. 79 (c) The records, either written or electronic, required to be kept by this section shall, at 80 all reasonable times, be open to inspection by judges of the criminal courts and all 81 law-enforcement officers. If maintained electronically, a pawnbroker shall retain the 82 electronic records for at least one (1) year after the date of the transaction. 83 (d) For each loan or transaction, a pawnbroker may charge a service fee for making the 84 daily electronic reports to the appropriate law-enforcement officers, creating and 85 maintaining the electronic records required under this section, and investigating the 86 legal title to property being pawned or pledged or purchased. Such fee shall not 87 exceed five (5) percent of the amount loaned on such item or paid by the 88 pawnbroker for such item or three dollars ($3.00), whichever is less. 89 (e) No goods, article, or thing shall be pawned or pledged or received on account of 90 money loaned or purchased for resale if the original serial number affixed to the 91 goods, article, or thing has been removed, defaced, or altered. 92 (ef) Any person, firm or corporation violating any provision of this section shall be guilty 93 of a Class 4 misdemeanor. 94 . . . . 95 Sec. 25.1-4. Records to be kept; daily electronic report to police. 96 (a) Every dealer shall keep at his place of business an accurate and legible record of 97 each purchase of precious metals or gems. The record of each purchase shall be 98 retained by the dealer for at least twenty-four (24) months and shall set forth the 99 following: 100 (1) A complete description of all precious metals or gems purchased from each 101 seller. The description shall include all names, initials, serial numbers or other 102 identifying marks or monograms on each item purchased, the true weight and 103 purity, if known, of any precious metal, the true weight or carat of any gem, the 104 color of any gem or precious metal, and the price paid for each item; 105 (2) The date, time and place of receiving the items purchased; 106 (3) The full name, residence address, work place, home and work telephone 107 numbers, date of birth, sex, race, height, weight, hair and eye color, and other 108 identifying marks of the seller; 109 (4) Verification of the identification of the seller by the exhibition of a government- 110 issued identification card with a photograph of the seller, such as a driver's 111 license or state identification card. The record shall contain 112 the type of identification exhibited, the issuing agency, and the identification 113 card number thereon; and 114 (5) A statement of ownership from the seller-; and 115 (6) A digital image of the form of identification used by the seller. 116 (b) The information required by subdivisions (1) through (5) of subsection (a) of this 117 section shall appear on each bill of sale for all precious metals and gems purchased 118 by a dealer. I II 119 (c) The information required by subdivisions (1) through (4) and the digital image of the 120 form of qovernment-issued identification used by the seller required by subdivision 121 (6) of subsection (a) of this section shall be transmitted submitted in an electronic 122 format, - -- • - = - - - - - e -e e - •- - - e se '_123 - - - •- - - - - •• - - ' - - • to the Chief of Police as specified by the 124 Chief of Police or his designee. The electronic transaction report shall be submitted 125 by noon the following day, except on weekends and holidays, when the electronic 126 transaction report shall be submitted by noon the next regular business day. Faxing 127 the information is not permitted. 128 The effective date of this ordinance shall be May 1, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Attorney' ffice CA13287 R-1 February 23, 2015 i I I , I Ill eEl, �f 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 94-0 City Manager .,.<:3-7S , 1111 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 OALd.L // 4... Signature Signature A/Iyks/74,41.4_,,„ frif Department CA 13196 R-1 DATE: February 6, 2015 11 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 ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. II II • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. I I I I II r f i v • Y 1... dx ; I PI) oI A ..4- . . . ...,..........„.-_ , t,, ,,,.....„. t.,,,,,.,,_a. 3,,i.,4,14,,..4 i ,'-...--,,,,I,.•,,.',,..,....,.s.;,,_,„'., '... .;.‘"....' ...,.s. ..$':1:k,.'",:',.. N V oc - . , "Icr/ is *• ' � �� _ n Yrs �... Y xN � y. ! Q ,� LL D pu f ,'?i O r N. I,F , ---................ .,.. 0 K ---.., .,.. ., .'. .:-1 - --.., -.. t a ..--,.- !..,..1,4f:::. :" i t' Fu ' �' 7 i \ . 4 i. r0 Cs . r. . . y' t �,y s � : r x F; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with Transitions Community Development Corporation for the use of land and two residences located at 213 Louisa Avenue and 217 Louisa Avenue. MEETING DATE: March 17, 2015 i 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. This matter was originally scheduled to be heard on February 17, 2015, but was continued to March 17, 2015, due to inclement weather. • 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. I I • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval �1 Submitting Department/Agency: Public Works / Facilities Management PAD City Manager: �/ �� 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 • F1 I N CY ANZFOR j City Storn:y Pu lic Work /Facilitie( Management CA1 142 2/6/2015 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\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. v a; i I -In 1--i q' -1--- L .4., >, 0 LL 0 wL z r —i ��. 9 O .0 L m tll E i_: 4 Q O ig = .� O O , , 0 H p C Q r= W Q a.+ C E r -. ret m co I n rl — o = , , - h _ o -I a 1 .11.11011 CO W O_ CO Q!' o �� N Q Cwt CO .1 iQ . LI "N 0 Z 71 3AvvslnOl Z; JN _i s z a 7 r M: 'LI 1 1 li ly/ /0 i L-Li 1 . _____ 1 , ,. 11V ,,/ / ❑ L- / ,i7 / F: off/ , Li N O :3 '~ rte) m m p HJ ;.IRDNECK RPS J V c� atir ..•`J - ti CD a ch Al 0 a) O a Q O w -- z p �. CO ke, Q� 7b(N a O j Z w 4.1 E-- O !� 7 — tv Q ami J C a I I i 1I }t.rI rSh 1 si(.`x. -.) 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: March 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 of these alternatives 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 30 parcels. The project is funded by competitively obtained funds from the Congestion Management and Air Quality (CMAQ) program, as well as City matching funds. This matter was originally scheduled to be heard on February 17, 2015, but was continued to March 17, 2015, due to inclement weather. • 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. • 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 P90 City Manage . k 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 5 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\dfs 1\applications\citylawprod\cycom32\wpdocs\d021\p018\00179598.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 47.1 r py . .,1. PUBLI / ORKS/REAL ESTATE ,1\,\() CITY A ORNEY - X w CI ❑ a v r .111* •.#1.11 `, Q Q2 LL O y z t __ III O o = Q - Alb 4 0 0.< ce Li., Y i \ 1,1 ite, . -- 4 _,4.4 ir 2 00 L1J _J O-.) cr Oa,.. lin, lir �s ® ,• f= a, z a � 10 . -,-3 B al aii 117-- wip� O .,.„.,.., I Vrt, J Z Y CI N Y lilt ' Lj'-- ariiii,_-.0 ____ C)- w.. • 617i, -k" 0 Z 62> nil ?. mil f, w_ 4 (.7) Z. raI I Atioi X .� miip _ Or �® �Q iiiii . ,, . .:,....,- im / ' # '''' Iff. NI 3 ... in" a tritAt - 4 cit / , so • t''',4.,..., , ,, , e ,,,, Joe \...:.„,.- ze,4„,,,,,N, ,.: 4_,),:i <\IX * :v a ,L----,..,.. --,,_..,,i,......____..„_.._,_,...,_:______T,_ . ,, :::,, - ";4, .i i 4 r :14‘0, C4 l''-e /''' -2 0 i IMF ( 7: f--- -- ._ _ tor ‹,z , / , ,:(--2 �� t r / i �� »: -414.6) / x 0, ce:: / s ?e ,fa:**ikv 77- 410, ‘,>/<- ,1p „ 4 . ` „ir � -_f A 1/ -„,..,---/I ,i , . � ti • >> � . ,s ( ,,,, ,..,4._ ,,....) ,t9 ilt -CYA/, -,;', L) q-aiiii,' ‘ LO4* >., o V ,i 4.,_ . #440„ tr c‘s M y4. __ #(./c1,0,cs Qy co 22 MhIlh. -7 ' ‘70 cci ' 2 4 IOW ./ />%/1/ 4111:;# co co , /(›C �J z 10 O •A in 4,1* \''1//),. / — =/.,._ 1 ."`° _ ,/.)\ // ' -': i 4.--:Lii; . \Y '',/ ' - 11° 0 . 1._ Ir„. ,__ , s �� ti, ___,,,i-,-, , I ' &' 111* f--440040It Q� ���E V' m I_6. �Q' GENS m n �a n [ 1s.„,,,,..„,,,., N itCITY OF VI ..,....1 RGINIA 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 — PhaseII Project, CIP 2-025, and the acquisition of temporary and permanent easements either by agreement or condemnation MEETING DATE: March 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. This matter was originally scheduled to be heard on February 17, 2015, but was continued to March 17, 2015, due to inclement weather. • 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 I- 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/Ag ncy: Public Works/Engineering ph() City Manage . < .7-56)v-A, I I 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 /14, SUFFICIENCY AND FORM PUBLIC ORKS/REAL ESTATE CI TO E S0 .,e, 1 i ,_______,, ___,,, ,,,,______ „,_7,..--„r,f,_:__6______‘,\,_,„--:\i\ 7 ,,,:,,, ...,2 nj:kJ:: 10\ --' ----\ _..... TA 1 6 \ V, d,\\-__ - _iiik co . EL__4" _ ____________ 14 - 1 -- -_-_-==--_- ---- 0A18 HOV98 VINIeedIA , 2 < < 0 m I , to _ L r ------7 _ _ ----) (----- ---- -- - 13. Csi to H Z " 0 13-. 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'?3 —- cc a oq-- ir , __ ___,_ '."--- z 0A18 30N30 3d3ONI s , i, co -- g Ei C)) < 4....-1 _ , 0 111 \ -- ir) -0 ... • a CI: i ke ilb C 0 .Z' _ 0 •, iti 0 0----,...,,,,,, 0 CD 11 03 :S.” ILIJ i'/ , c,. D 0 Q- 7-.... .-• (-4(N4,101414A, /7' 1 II 11 1 6;,, 0L; 's7 sv , ', w•... d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Nine Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: March 17, 2015 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following eight entities have successfully operated open air cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Calabrese Management Group, Inc., t/a Albie's Pizza Café, for operation of an Atlantic Avenue Side Street Café; (2) A.C.A. Corporation, t/a Black Angus Café, for operation of an Atlantic Avenue Sidewalk Café; (3) Thirty-First Street, L.C., t/a Catch 31, for operation of a Boardwalk Café; (4) Virginia George Company, t/a Dough Boy's Café, for operation of an Atlantic Avenue Sidewalk Café; (5) Gold Key/PHR Food Services, LLC, t/a Lagerheads Café, for operation of a Connector Park Café; (6) Gold Key/PHR Food Services, LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; (7) Crestline Hotels & Resorts, LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; and (8) Rockfish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café. The following entity is seeking a one-year franchise agreement: (1) Chix Sea Grille, LLC, t/a Chix Café, for operation of a Boardwalk Café. • Public Information: A public notice was published in The Beacon on March 5, 2015 and March 12, 2015. ■ Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office 1 City Manage c.578 , 1 AN ORDINANCE GRANTING NINE 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following eight entities have successfully operated open air cafés 17 pursuant to either one-year or five-year franchise agreements, and are seeking renewal 18 of their franchise agreements for five-year terms: (1) Calabrese Management Group, 19 Inc., t/a Albie's Pizza Café, for operation of an Atlantic Avenue Side Street Café; (2) 20 A.C.A. Corporation, t/a Black Angus Café, for operation of an Atlantic Avenue Sidewalk 21 Café; (3) Thirty-First Street, L.C., t/a Catch 31, for operation of a Boardwalk Café; (4) 22 Virginia George Company, t/a Dough Boy's Café, for operation of an Atlantic Avenue 23 Sidewalk Café; (5) Gold Key/PHR Food Services, LLC, t/a Lagerheads Café, for 24 operation of a Connector Park Café; (6) Gold Key/PHR Food Services, LLC, t/a 25 Lagerheads Café, for operation of a Boardwalk Café; (7) Crestline Hotels & Resorts, 26 LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; and (8) Rockfish 27 Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; and 28 29 WHEREAS, the following entity is seeking a one-year franchise agreement: (1) 30 Chix Seaside Grille, LLC, t/a Chix Café, for operation of a Boardwalk Café; and 31 32 WHEREAS, the Strategic Growth Area Office recommends that the above- 33 named entities be granted open air café franchise agreements. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH: 37 38 That the City Council hereby grants five-year franchise agreements to: (1) 39 Calabrese Management Group, Inc., t/a Albie's Pizza Café, for operation of an Atlantic 40 Avenue Side Street Café; (2) A.C.A. Corporation, t/a Black Angus Café, for operation of 41 an Atlantic Avenue Sidewalk Café; (3) Thirty-First Street, L.C., t/a Catch 31, for 42 operation of a Boardwalk Café; (4) Virginia George Company, t/a Dough Boy's Café, for 43 operation of an Atlantic Avenue Sidewalk Café; (5) Gold Key/PHR Food Services, LLC, 44 t/a Lagerheads Café, for operation of a Connector Park Café; (6) Gold Key/PHR Food 45 Services, LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; (7) Crestline 46 Hotels & Resorts, LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; 47 and (8) Rockfish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park 48 Café. 49 50 That the City Council hereby grants a one-year franchise agreement to Chix 51 Seaside Grille, LLC, t/a Chix Café, for operation of a Boardwalk Café. Adopted by the City Council of Virginia Beach, Virginia on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7LZ ,.-- evede/e4A Strategic Growth Area Office City Attorney's Office CA13266 R-2 March 10, 2015 CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property;Franchises;License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. 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,directors,members, trustees, partners,etc.below: (Attach list if necessaiy) C'cr4 4 iv Q.se now, e tat 6 Q oc.) 1/7e 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) OkkAN tioRrEor\ f Ri t 5) 1,c, M 1 tRis.- NAL 0. K 5S(R I ga0pAf4- fr • SSA 3S(2 Page 1 of 4 I 11 2. List all businesses that have a parent-subsidiary` or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) /1/7?? ❑Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organi?ation. 1 &2 See page 4 for footnotes SERVICES DISCLQSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual ❑ Accounting - ❑ % Architect ❑ Contract Purchaser(other than Applicant)(identify purchaser _ and purchaser's service providers) ❑ j�' Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 15l Construction Contractor ❑ % Engineer/Surveyor ❑ Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 11 II Property) O Legal Services ❑ 123r Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? YesNo If yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council Meeting relating to the application. ❑ No changes as of (date) • Revisions: TT(date) CERTIFICATION: I certify that the information contained herein is complete,true and accurate. I understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. / 6-t8/? /?s'4 y v3/ofyis� App-nt' s Signature Print Name Date Ijillibilkj OC€ HORIZON PRO1A N/16/1RO /( 06-- Pro Signature(f different than Applicant)ro Print Name Date Page 3 of 4 1 "Parent subsidiaty 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§ 2.2-310.1. Page 4 of 4 CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment;Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property;Franchises;License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation,partnership,film,business,or other unincorporated organization, complete the following: 1. List the Applicant name followed by the names of all officers,directors,members, trustees, partners,etc.below: (Attach list if necessary) ekn hpI.4- SRA/vuv , 6,44et.9 ScsuuatotA' / -utl6, es 2. List all businesses that have a parent-subsidiary) or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) 111a.cek- 4 �+s C krrE nue a £gse..A,I t ❑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 ofi•-rs,members, trustees,partners, etc.below: (Attach list if neces • • Page 1 of 4 I 112. List all businesses that have a parent subsidiary) or affiliated business entity2 • relationship with the Property Owner: (Attach list if necessary) ❑Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organization. 1 &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual ❑ gl Accounting ❑ j Architect • 0 Contract Purchaser(other than Applicant)(identify purchaser and purchaser's service providers) ❑ Nk Any other pending or proposed purchaser of the subject property _ (identify purchasers)and purchaser's service providers) _ ❑ Lq Construction Contractor ❑ I Engineer/Surveyor ❑ Al Financing(include current mortgage holders and lenders selected or being considered to _ provide financing for acquisition or construction of the Page 2 of 4 property) —_ ❑ al Legal Services — ❑ Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes A No If yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officals who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council Meeting relating to the application. ❑ No changes as of ',date) CI Revisions: (date)i CERTIFICATION: I certify that the information contained herein is complete,true and accurate. I understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. _ ,01 ..LL ' 3-3- , 1 1./!'r�''.'.irs„ ���' Applicant's i• -t ' // • Print Name ,Date _.�►' ,i;f` Ari,D 64.071 .3/4/9– Pro. /c qPro. =1.1a er'. Signar• (ifdtffe tthan Applicant) Print Name Date mrearricakomr. __. Page 3 of 4 1 1 H 1 11, CAE FRA.NCHISg applications: Rezoning;Conditional Use Permit; This form is required for the following appProperty; ;, Encroachment;Street Closure;Acquisition of City Property;Disposition of City Lease of City Property;Franchises;Lieonse Agreements and any other matters before �; Planning Commission and/or City Council having to do with real estate or the development i::: of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: i 1. List the Applicant name followed by the names of all officers,directors,members, trustees, p, , ers etc. +slow: {.Attach list if nsc'essaty) J i ,,; he 2. List all businesses that have a parent subsidiary1 or affiliated business entity2 relationship with the Applicant (Attach list if necessary) el Servi es 4- tea- 4 r` hers 0 Cheek here if the Applicant is NOT a eorporatian,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,nership,firm,business,or other un.ineorporated organization,complete the following: ; 1. List the propertyowner name followed by the names of all officers,members, . trustees,partners,etc.below: (Attach list if necessary) `t J c r.,, s ' Page 2of4 • 'iOO+'_iii?iii-j i 2. List all businesses that have a parent subsidiary or affiliated business entity relationship withProperty the Pro erty Owner: (Attach list if necessary) 'a a. .1c,6) .ist,. .. i. A +►c e owner is NOT a corporation,partnership,firm, 0 Check here if the property _ business,or other unincorporated organization. - 1&2 See page 4 for foo#notes • Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Firm/individual Yes No El Eie Accounting pArchitect Q tyit Contract Purchaser(other than , Applicant)(identify purchaser and pur'chaser's service providers) - s • © Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 l Construction Contractor p Jam, Engineer/Surveyor ® fik Financing(include current mortgage holders and lenders selected or being considered to _ provide financing for acquisition or construction of the Page 2 of 4 t • I property) - 0 F Legal Services ri pc Real Estate Brokers/Agents for • current and anticipated future sales of the subject property i employee of tie City of Virginia Beach have an interest in the subject land or 111 or Does an official , any proposed development contingen on the subject public action? Yes No If yes,what is the name of the official or employee and the nature of the interest? • iI" F:. The disclosures contained in this foam are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must beupdatedtwo(2)weeks prior to any planning Commission and City Council Meeting relating to the application. l No changes as of &/511C- (date) El Revisions: (date) CERTIFICATION: I certify that the information contained herein is complete,true and Y accurate. I understand that-I am responsible for updating the information provided herein two , weeks prior to the City Council meeting. " i i' l'-; Name Date 1 Applicant's Signature Print Jh t3 r�? ha�l� Property,,...---2,4.A... wnh G.i.er's Signature(if different than Applicant) u -Print Name Date - Page 3 of 4 1 Thirty-First Street, LC T/A Catch 31 TFI, LLC VADARE,LIC WMJ Investments,LLC Affiliates E Gold Key PHR Food Services,LLC t/a Cavalier Food&Beverage ....4 Gold Key PHR Food Services,LLCt/a Lagerheads i; Gold Key PHR Food Services,LIC t/a Tortugas Rockfish Sea Grill,LLC Thirty-First St,LC t/a Catch 31 Mahi Mahs Sushi Bar&Saloon 1, - -7. 4' i CAF"e FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications. Rezoning; Conditional Use Permit; Encroachment;Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property;Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Death. 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,directors,members, trustees, partners,e .below: (Att ch list if necess Th Vir 1/ ict r �' �� N 9 � (.7.1€‘41 ,e_ gfaideSi*Thi- ci'c/a& f co/e d eel"— 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 ifproperty owner is djerent 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) 13o4re bArA / K V -e.v%core S)''ca f@ A A/v I.)a G to r d0 i Pr /lc r(44 Page 1 of 4 11 I 11 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the Property Owner: (Attach list if necessary) Aio er ❑Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organization. I &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual ❑ D' Accounting Q Architect ❑ Ile Contract Purchaser(other than Applicant)(identify purchaser and purchaser's service providers) D G1/ Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) U Construction Contractor © Q, Engineer/Surveyor O ri Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 Property) O L_ / Legal Services O fd' Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Vir ' 'a Beach have an interest in the subject land or any proposed development contingent o e subject public action? Yes If yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council Meeting relating to the application. O No changes as of • (date) O Revisions: (date) CERTIFICATION: I certify that the information contained herein is Complete,true and accurate. !understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. ,411111 JIL:hV4k- Applicant' atu •rint Name Date Property Owner's Signature(if diff=rent than Applicant) Print lame 3 Date Page 3 of 4 II , . cAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; • Encroachment;Street Closure;Acquisition of City Property;Disposition of City Property; .l Lease of City Property;Franchises;License Agreements and any other matters before 1.1. Planning Commission and/or City Council having to do with real estate or the development , of property in the City ofVirginia Beach. . APPLICANT DISCLOSURE If the Applicant is a corporation,partnership,firm,business,or other unincorporated 3'. organization,complete the following: 'F I. List the Applicant name followed by the names of all officers,directors,members, fru artne etc.below: ( trach list if necessary) r/ e .4 . Ked • 2. List all businesses that have a parent-subsidiary1 or affiliated business entity relationship with the Applicant: (Attach list ifnecessary) 1611 — F - 1" S: e- 4. 1—C.. 4 Ai1,, ( s. (..., 19- 041-141(4003 1 . Q Check here if the Applicant is NOT a.corporation,partnership,firm,business,or ill other unincorporated organization. ' . PROPERTY OWNER DISCLOSURE I Complete this section only tf property owner is different from Applicant. } If the property owner is a corporation,partnership,finn,business,or other . unincorporated organization,complete the following: . 1, List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list if necessary) 0476'tv - k(/ A+A::Ar S (,see 7 ) Page 1 of 4 11 1: 3 2. List all businesses that have a parent-subsidiary'or affiliated business entit? relationship with the Property Owner: (Attach list tf necessary) 0 Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organization. I &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Firm/Individual Yes No i'; ❑ tit Accounting • tir Architect ® Contract Purchaser(other than Applicant)(identify purchaser ~~ and purchaser's service providers) 13 L Any other pending or proposed purchaser of the subject property —_ (identify purchaser(s)and purchaser's service providers) El 9, Construction Contractor --- © ii Engineer/Surveyor ni ❑ Financing(include current holders and lenders y `; mortgage selected or being considered to . provide financing for acquisition or construction of the Page 2 of 4 i property) • O lik Legal Services p Real Estate Brokers/Agents for current and anticipated future sales I of the subject property i .i - Does an official or employee of the City of Virginia Beach have an interest in the subject land or -1i 1 any psed development contingent on the subject public action? ro po Yes No ii. If yes,what is the name of the official or employee and the nature of the interest? ,. The disclosures contained in this form are necessary to inform public officials who may vote on the application as towhether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planting Commission and City Council Meeting relating to the application, 0 No changes as of (date) : ri Revisions: (date) R CERTIFICATION: I certify that the information contained herein is Complete,true and Y accurate: 1 understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. d '?°/ .. /' ' ,: ""— •ApplicantPrint Name DatsSignature // / a - Vek- ''/ t Print Name Date Property Owner's Signature if different than Applicant)licant) Page 3 of 4 i t' 4i Gold Key PHR Food Services, LIC T/A Lagerheads `' WMJ Investments, LLC Heritage Investments, LLC • Gateway Towers Associates,LLC Thompson Family Investments,LLC VADARE,LIC ?f Gateway investments,LLC 'i i:_ i-...„. -11 VADARE,LLC ` WMJ investments,LLC Thompson Family Investments Gateway Tower Associates Affiliates ! Gold Key PHR Food Services,LLC tja Cavalier Food&Beverage ` Gold Key PHR Food Services,LIC tja Lagerheads • Gold Key PHR Food Services,-LIC t/a TortugasIIi , 111/ i Rockfish Sea Grill,LLC Thirty-First St,LC t/a Catch 31 Mehl Mahs Sushi Bar&Saloon i YY �W\ CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning, Conditional Use Permit; Encroachment; Street Closure;Acquisition of City Property;Disposition of City Property; Lease of City Property;Franchises;License Agreements and any other matters before Planning Commission andfor City Counall having to do with real estate or the development of property in the City of Virginia Bah. APPLICANT DISCLOSURE lithe Applicant is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: l. List the Applicant name followed by the names of all officers,directors,members, trustees, partners,etc.below: (Attach list fnecessaty) Crestline Hotels & Resorts, LLC, d/b/a Courtyard Virginia Beach Oceanfront South James A. Carroll - President & CEO Pierre H. Donahue - EVP & Secretary 2. List all businesses that have a parent-subsidiaryi or affiliated business entity2 relationship with the Applicant: (Attach list f 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 d j Brent from Applicant. lithe 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) Apple Eight Hospitality Ownership Inc. David Buckley - Vice President Page 1 of 4 ' 2. List all businesses that have a parent subsidiary or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) Apple Hight Hospitality Management, Inc. Affiliated entity & operating lessee of property 0 Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organization. 1 &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Finn/Individual ❑ 13 Accounting Q M Architect O El Contract Ptuthaser(other than Applicant)(identify purchaser _ and purchaser's service providers) D El Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ EI Construction Contractor O 13 Engineer/Surveyor O E l Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 property) ❑ C Legal Services 0 iJ Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes xx No If yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planning Commission and City Coun*it Meeting relating to the application. CJ No changes as of (date) d Revisions: (date) CERTIFICATION: I certify that the information contained herein is complete,true and accurate. 1 understand that I am responsible for updating the Information provided herein two weeks prior to the City Council meeting. • f — Pierre M. Donahue • • icant's Si. Print Name Date David Buckley P ••_,. -'s Signatu Efferent than Applicant) Print Name Date Page 3 of 4 lir I l C,AFe FRANCHISE DISCLOSURE STTA'TEMEN'T .r This form is required for the following applications: hmit Rezoning;Conditional Use Per ; . Encroachment;Street Closure; Acquisition of City Property;Disposition of City Property; ID Lease of City Property;Franchises;License Agreements and any other matters before i Planning Commission and/or City Council having to do with real estate or the development .1 • of property in the City of Virginia Beach. 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,directors,members, j trustees, partners,etc.below: (Attach list if necessary) ...., t 4. SSA lit—t1.A.. LLC.. . pp 516 *nikek • . List all businesses that have a parent s-ubsidiaryt or affiliated business entity2 relationship with the Applicant: (Attach list necessary) . . til. : 0 Check here if the Applicant is Nor a corporation,partnership,firm,business, or 4 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: '` ' g , p g 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list if necessary) e-10 .• de.Z 4 e...... 646 /fr7i4c441-611) Page 1 of 4 q.,_j i ii kx1 ii:,',:: t 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the Property Owner: (Attach list ifnecessary) 0 Check here if the property owner is NOT a corporations partnership,firm, business,or other unincorporated organization. a &2 See page 4 for footnotes SERVICES DISCLOSE i Answer whether the following services are being provided in connection with the subject of the application and identify each provider: _: : Yes No Firm/Individual p isr Accounting i 0 a Architect 0 Pik Contract Purchaser(other than ` e Applicant)(identify purchaser ' ` and purchaser's service providers) - p IR Any other pending or proposed . purchaser of the subject property (identify purchaser(s)and purchaser's service providers) rf'''.--1:.: p t Construction Contractor - ® 0, Engineer/Surveyor p Financing(include current T_..__,_.,___ -----�--�- mortgage holders and lenders i::.:selected or being considered to �_..______._.. provide financing for acquisition or construction of the Page xof4 '. :s property) 0 la, Legal Services 13 ., Real Estate Brokers/Agents for current and anticipated future sales of the subject property s . Does an official or employee of the City of Virginia Beach have an interest in the subject land or i. .. any proposed development contingent the subject public action? ,i LA,,, Yes No If yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council Meeting relating to the application, 4a No changes as of V511S (date) El Revisions: . (date) i} ` CERTIFICATION: I certify that the information contained herein is Complete,true and • lr,, accurate. I understand that-!am responsible for updating the information provided herein two :i weeks prior to the City Council meeting. ~•_ i. .401,140,0111°:0-0000°P0 0,04%10111°' '� ` --.•- = �at� Appiica !` 7'71,1e Print Name _ .. 3 61 S pro:erty Own;rs Signet i different than Applicant) Print ame Date Page 3 of 4 iir ,f 11 I • • • • Rockfish,LLC Partners Kimberly Midgett • Charles J Sass Jim P MCallister •.` John L. &Camela Houser Jr. Michael Poch Mark D Rondeau Thomas G Griffin Michael H Levison • Robert M Howard Edmund C Ruffin Heritage Investments,LLC f Si. OBC,LLC BQTS Associates, Inc. Michael Levinson Edmund C Ruffin Michael Poch ` Ce I Thom son Brup ll 4 • • Affiliates • Gold Key PHR Food Services, LLC t/a Cavalier Food&Beverage Gold Key PHR Food Services,LLC t/a Lagerheads Gold Key PHR Food Services,LLC t/a Tortugas !4 Rockfish Sea Grill,LLC : a Thirty-First St,LC t/a Catch 31 • Mahi Mahs Sushi Bar&Saloon II I I CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning;Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property;Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. 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,directors,members, trustees, partners, etc.below: (Attach list if necessary) ‘Th 2. List all businesses that have a parent-subsidiary) or affiliated business entity2 relationship with the Applicant: (Attach list f necessary) [j Check here if the Applicant is NOT a corporation,partnership,firm,business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from Applicant. If the property owner is a corporation,partnership,firm,business,or other unincorporated organization,complete the following: 1. List the property owner name followed by the names of all officers,members, trustees,partners,etc.below: (Attach list ifnecessary) e, }, tM v$41.ck \0\); w1 Bri j Page 1 of 4 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) — ‘1\ ) ❑ Check here if the property owner is NOT a corporation,partnership,firm, business,or other unincorporated organization. I &2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual d 0 Accounting lj �1 55 O 21 Architect ❑ Lf Contract Purchaser(other than Applicant)(identify purchaser and purchaser's service providers) ❑ ,i' Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ le Construction Contractor D ,e( Engineer/Surveyor 45. 0 Financing(include current �C-- mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 property) ❑ Legal Services ❑ Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingen the subject public action? Yes No If yes,what is the name of the official or employee and the nature of the interest? The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. All disclosures must be updated two(2)weeks prior to any Planning Commission and City Coun it Meeting relating to the apprcation. No changes as of _ 3 3 lc (date) O Revisions: (date) CERTIFICATION: I certify that the information contained herein is complete,true and accurate. I understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. ` a) 1k,S` N 511r- Applicants ig �� .�,Xiiiime. P4t Name Property• rs Signature different than Applicant) Print Name Date Page 3 of 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation Accept Corrections and Deletions to the Road Inventory for Urban Maintenance Payments MEETING DATE: March 17, 2015 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 16, 2014, which stated the FY15 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $11,275 per lane mile, and arterial streets will be reimbursed at $19,202 per lane mile. • Considerations: The first resolution requests the addition of newly constructed streets in the amount of 21.90 lane miles which will be eligible for urban maintenance funds beginning July 1, 2015. Of the total, 3.00 lane miles are classified as local/collector streets and 18.90 lane miles are classified as arterial streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $396,742.80 per year for the added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 7.02 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 7.14 lane miles of local/collector streets to be added back to the inventory. The net increase is 0.12 lane miles. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by $1,353.00 per year for these changes to local/collector streets. The total net increase in urban maintenance lane miles from the additional and the corrections will result in a funding increase of$398,095.80 from VDOT. • • Public Information: The item will be publicized as part of the City Council's agenda. • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/A enc • Public Works .* City Manage '14 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.00 (Local/Collector) lane miles and 18.90 (Arterial) lane miles 10 of streets listed on Exhibit A (attached) have been constructed in accordance with 11 standards established by the Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11. 9 LW_ 4 l'� Department a"ublic Works C' r y's Office CA13293 R-1 March 2, 2015 City of Virginia Beach Exhibit A - New Streets Public Works/Operations Street Type STREET FROM TO LANE MILES LOCAL AVA WY N DEAD END W DEAD END 0.50 LOCAL BRIDLE WY INDIAN RIVER RD E CUL DE SAC 0.40 LOCAL BRIDLE WY INDIAN RIVER RD N CUL DE SAC 0.26 LOCAL BRUSH CREEK LA LONDON BRIDGE RD(SB) S CUL-DE-SAC 0.70 LOCAL KINDNESS CT AVA WY W CUL-DE-SAC 0.16 LOCAL PATIENCE PL DAM NECK(WB) WISDOM AR 0.08 LOCAL SEABOARD RD SMOKEHOUSE RD NIMMO PW(WB) 0.22 LOCAL SWEETWATER CT GOOSE CREEK RD E CUL DE SAC 0.30 LOCAL TWIN FERN CT BONNEY RD(WB) S CUL DE SAC 0.08 LOCAL VINE CT S LYNNHAVEN RD(NB) E CUL-DE-SAC 0.10 LOCAL WISDOM AR W DEAD END S DEAD END 0.20 Total Lane Miles of LOCAL streets: 3.00 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL NIMMO PW(EB) END NIMMO PW(EB)BIG BRIDG START NIMMO PW(EB)SMALL BR 0.68 URBAN MINOR ARTERIAL NIMMO PW(EB) END NIMMO PW(EB)SMALL BRI SEABOARD RD 0.40 TIC,' URBAN MINOR ARTERIAL NIMMO PW(EB) HOLLAND RD(NB) START NIMMO PW(EB)BIG BRIDG 0.90 URBAN MINOR ARTERIAL NIMMO PW(EB) ROCKINGCHAIR LA ROMAN DR 0.98 URBAN MINOR ARTERIAL NIMMO PW(EB) SEABOARD RD ROCKINGCHAIR LA 0.38 URBAN MINOR ARTERIAL NIMMO PW(EB) START NIMMO PW(EB)BIG BRI END NIMMO PW(EB)BIG BRIDGE 0.42 nr_r URBAN MINOR ARTERIAL NIMMO PW(EB) START NIMMO PW(EB)SMALL B END NIMMO PW(EB)SMALL BRID 0.10 T3 TI-NCIr CI, URBAN MINOR ARTERIAL NIMMO PW(WB) END NIMMO PW(WB)BIG BRID HOLLAND RD(NB) 0.90 rr URBAN MINOR ARTERIAL NIMMO PW(WB) END NIMMO PW(WB)SMALL BR START NIMMO PW(WB)BIG BRID 0.70 rnr_r nr URBAN MINOR ARTERIAL NIMMO PW(WB) HOLLAND RD(NB) PRINCESS ANNE RD(NB) 0.96 URBAN MINOR ARTERIAL NIMMO PW(WB) ROCKINGCHAIR LA SEABOARD RD 0.38 URBAN MINOR ARTERIAL NIMMO PW(WB) SEABOARD RD START NIMMO PW(WB)SMALL B 0.38 nrnrc URBAN MINOR ARTERIAL NIMMO PW(WB) START NIMMO PW(WB)BIG BRI END NIMMO PW(WB)BIG BRIDGE 0.42 nr_r URBAN MINOR ARTERIAL NIMMO PW(WB) START NIMMO PW(WB)SMALL END NIMMO PW(WB)SMALL BRI 0.10 nnrnrr nrr URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) CURRY COMB TOURNAMENT 0.48 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) LANDSTOWN CENTRE WY DAM NECK RD(WB) 1.16 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) NIMMO CURRY COMB 0.68 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) NIMMO PW(EB) START MEDIAN 0.18 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) START MEDIAN NIMMO PW(EB) 0.16 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) START MEDIAN WINTERBERRY 0.00 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) START MEDIAN WINTERBERRY 1.34 URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) TOURNAMENT END MEDIAN 0.70 Wednesday,February 25,2015 Page 1 of 2 . Ingrillillillillillill Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL PRINCESS ANNE RD(NB) WINTERBERRY LANDSTOWN CENTRE WY 0.78 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) CURRY COMB CT NIMMO PW(WB) 0.70 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) DAM NECK RD(EB) LANDSTOWN CENTRE WY 0.84 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) LANDSTOWN CENTRE WY WINTERBERRY LA 0.78 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) NIMMO PW(WB) END MEDIAN 0.18 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) START MEDIAN TOURNAMENT DR 0.70 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) TOURNAMENT DR CURRY COMB CT 0.48 URBAN MINOR ARTERIAL PRINCESS ANNE RD(SB) WINTERBERRY LA TOURNAMENT 2.04 Total Lane Miles of URBAN MINOR ARTERIAL streets: 18.90 Total Lane Miles of New Street: 21.90 Wednesday,February 25,2015 Page 2 of 2 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 CORRECTIONS AND DELETIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.12 (Local/Collector) lane miles. 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments to the City of Virginia 27 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Departme i f Public Works i y Attorney's Office CA13292 R-1 March 2, 2015 City of Virginia Beach Exhibit B - Changes Public Works/Operations Additions/Re•laced deletions Street Type STREET FROM TO LANE MILES LOCAL ST LUKES ST ST JAMES DR W DEAD END 0.16 LOCAL ST MARTIN CT ST MARTIN DR E CUL DE SAC 0.10 LOCAL ST MARTIN DR ST JAMES CI PEMBROKE BLVD 0.54 LOCAL STAR GRASS RD QUAIL POINTE CV W CUL DE SAC 0.26 LOCAL STAR LAKE DR ENCHANTED FOREST LA MIRROR LAKE DR 0.28 LOCAL STATE CT STATE ST CUL DE SAC 0.06 LOCAL STILL HARBOR LN QUARRY LN DEAD END 0.16 LOCAL STONECYPHER CT WESTERLY DR N CUL DE SAC 0.20 LOCAL STORM BIRD LP STORM BIRD LP N CUL DE SAC 1.18 LOCAL SUNNY CI ATHENS BLVD CUL DE SAC 0.06 LOCAL SYDENHAM TL PLEASANT VALLEY RD CUL DE SAC 0.46 LOCAL SYLVAN LN WENDFIELD DR E CUL DE SAC 0.40 LOCAL TABLE ROCK CT TABLE ROCK RD W CUL DE SAC 0.12 LOCAL TALDAN AV BROAD ST FLORAL ST 0.52 LOCAL TALDAN CT FLORAL ST CUL DE SAC 0.06 LOCAL TALL PINES CT TALL PINES BEND S CUL DE SAC 0.04 LOCAL TAMARA CT LOMBARD DR W CUL DE SAC 0.08 LOCAL TAYLORS POINT RD DUKE OF WINDSOR RD CUL DE SAC 0.22 LOCAL TENDRIL LAST QUARTERPATH GATE W CUL DE SAC 0.26 LOCAL TERRAZZO TR SILINA DR DILLION DR 1.36 LOCAL TRIO LA OLD KIRKWOOD DR KENSINGTON ST 0.34 LOCAL TWAIN LA PRISCILLA LA HAYGOOD RD 0.28 Total Lane Miles of LOCAL streets: 7.14 Total Lane Miles of Additions/Replaced deletions: 7.14 Wednesday,February 25,2015 Page 1 of 2 Deletions/To be re•laced Street Type STREET FROM TO LANE MILES LOCAL ST LUKES ST ST MARKS RD ST JAMES DR -0.12 LOCAL ST MARTINS CT ST MARTINS CT CUL-DE-SAC -0.10 LOCAL ST MARTINS DR ST JAMES DR PEMBROKE BLVD -0.54 LOCAL STARLAKE DR ENCHANTED FORREST LA MIRROR LAKE DR -0.28 LOCAL STARR GRASS RD QUAIL POINT CV W CUL-DE-SAC -0.26 LOCAL STATE CI STATE ST CUL-DE-SAC -0.06 LOCAL STILLHARBOR LN QUARRY LA DEAD END -0.16 LOCAL STONECYPHER CT WESTERLY DR WESTERLY DR -0.20 LOCAL STORM BRID LP STORM BIRD LP CUL-DE-SAC -1.18 LOCAL SUNNY CI ATHENS BLVD CUL-DE-SAC -0.14 LOCAL SYDENHAM CT PLEASANT VALLEY ROAD CUL-DE-SAC -0.46 LOCAL SYLVAN LN WINDFIELD DR WEST SOUTH TO CUL-DE-SAC -0.40 LOCAL TABLE ROCK CT TABLE ROCK RD W TABLE ROCK RD -0.12 LOCAL TALDEN AV BROAD ST NORTH CUL-DE-SAC -0.58 LOCAL TALDEN CT FLORAL ST CUL-DE-SAC -0.06 LOCAL TALL PINES CT TALL PINES RD CUL-DE-SAC -0.04 LOCAL TAMARA CT LUMBARD DR CUL-DE-SAC -0.08 LOCAL TAYLOR POINT RD DUKE OF WINDSOR RD CUL-DE-SAC -0.12 LOCAL TENDRIL LAST QUARTERPATH GATE QUARTERPATH GATE -0.26 LOCAL TERRAZO TR SILINA DR 1635 DILLON DR -1.36 LOCAL TRIO LA OLD KIRKWOOD DR KENSINGTON ST -0.22 LOCAL TWAIN LA MILES STANDISH RD HAYGOOD RD. -0.28 Total Lane Miles of LOCAL streets: -7.02 Total Lane Miles of Deletions/To be replaced: -7.02 Wednesday,February 25,2015 Page 2 of 2 II II [ ,c."-V‘: t7-7 Yf CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: A Resolution Regarding the City of Virginia Beach Community Policy and Management Team MEETING DATE: March 17, 2015 • Background: In 1992, the General Assembly enacted The Comprehensive Services Act for At-Risk Youth and Families ("CSA") to create a coordinated system of services and funding to meet the needs of troubled youth and their families and at-risk children. That same year, the City Council by resolution established the City of Virginia Beach Community Policy and Management Team ("CPMT") to receive CSA funds and implement the mandates of the CSA, and it appointed the City Manager or his designee as a Fiscal Agent to administer CSA funds. The 1992 resolution included as CPMT members the agency heads of two now-defunct City departments: the department of social services and the department of mental health, mental retardation and substance abuse services. Those departments were subsequently consolidated into the current Department of Human Services. Also since 1992, additional requirements and restrictions have been imposed by state law. A revised resolution regarding the CPMT is needed given the changes to state law and the City's structure. ■ Considerations: This resolution lists all of the CPMT members required by state law, and it also authorizes City Council to appoint other members in addition to those required by state law. It incorporates state-mandated restrictions and requirements on certain members, including requirements pertaining to conflicts of interests. The resolution provides that the City Manager or his designee shall continue to serve as the Fiscal Agent, and it also adds a requirement that the City Auditor annually audit the total revenues of the CPMT and its programs. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Recommended Action: Approval AP� `._ Submitting Department/Agency: Human Services City Manager: )4. , 011.‘7,„,_, 1 A RESOLUTION REGARDING THE CITY OF VIRGINIA 2 BEACH COMMUNITY POLICY AND MANAGEMENT TEAM 3 WHEREAS, the 1992 Virginia General Assembly enacted The Comprehensive 4 Services Act for At-Risk Youth and Families ("CSA") to create a coordinated system of 5 services and funding to meet the needs of troubled youth and their families and at-risk 6 children; 7 8 WHEREAS, also in 1992, the City Council by resolution established the City of 9 Virginia Beach Community Policy and Management Team to receive CSA funds and 10 implement the mandates of the CSA; 11 12 WHEREAS, the 1992 resolution also designated and approved a Fiscal Agent to 13 administer CSA funds; and 14 15 WHEREAS, a revised resolution regarding the Community Policy and 16 Management Team is needed given changes in state law and the structure of the City. 17 18 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH: 20 That the City of Virginia Beach Community Policy and Management Team for 21 Implementation of the Comprehensive Services Act for At-Risk Youth and Families 22 ("CPMT") shall have the powers and duties set forth in Virginia Code Section 2.2-5206 23 and shall report to the City Council through the City Manager; 24 The Team shall be comprised of: 25 • An elected official or appointed official or designee of the City Council; 26 • The agency heads or designees (who shall be authorized to make policy 27 and funding decisions for their agencies) of the following entities: the 28 Virginia Beach Community Services Board, the Juvenile Court Services 29 Unit, the Department of Public Health, the Department of Human Services 30 (which is the entity that serves as the City's local department of social 31 services), and the Virginia Beach City Public Schools; 32 • A representative of a private organization or association of providers for 33 children's or family services; 34 • A parent representative (provided, however, that a parent representative 35 who is employed by (1) a public or private program that receives CSA 36 funds; (2) an agency listed in the second bullet point above; or (3) an 37 agency represented by an appointee in accordance with the third bullet 38 point above; may only serve as a parent representative if he or she does 39 not, as a part of his or her employment, interact directly on a regular and 40 daily basis with children or supervise employees who interact directly on a 41 daily basis with children; and provided further that, notwithstanding this 42 restriction, a foster parent may serve as a parent representative); 43 The City Council may choose to appoint other members to the CPMT, in addition 44 to the ones required above; 45 Members appointed by City Council shall serve for terms of two (2) years and 46 shall serve no more than two (2) consecutive terms (provided, however, that this 47 restriction does not apply to the agency heads or designees appointed by title as 48 provided for in the second bullet point above); 49 Any person serving on the CPMT who does not represent a public agency shall 50 file a statement of economic interests as set out in § 2.2-3117 of the State and Local 51 Government Conflict of Interests Act (§ 2.2-3100 et seq.). Persons representing public 52 agencies shall file such statements if required to do so pursuant to the State and Local 53 Government Conflict of Interests Act; 54 Persons serving on the CPMT who are parent representatives or who represent 55 private organizations or associations of providers for children's or family services shall 56 abstain from decision-making involving individual cases or agencies in which they have 57 either a personal interest, as defined in § 2.2-3101 of the State and Local Government 58 Conflict of Interests Act, or a fiduciary interest; and 59 The City Attorney's Office shall provide legal services to the CPMT. 60 BE IT FURTHER RESOLVED that the City Manager or his designee shall 61 continue to serve as the designated Fiscal Agent to administer CSA funds as may be 62 received by the City and appropriated by the City Council to the respective agencies. 63 AND BE IT FURTHER RESOLVED that the City Auditor shall annually audit the 64 total revenues of the CPMT and its programs and shall provide the results of such 65 audits to the City Council and the City Manager. 66 Adopted by the Council of the City of Virginia Beach, Virginia on the 67 dal / AO 015. • " B AS T�� • /ATE APPROVED AS TO LEGAL SUFFICIENCY: 1,/th( / / ;Js4ei Human Services City Attorney's Office CA13317 R-2 March 10, 2015 1 11 u�enc + *� ye24, p �4 cr a,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Naming of Police Vessels MEETING DATE: March 17, 2015 • Background: Members of the Virginia Beach Police Department provide indispensable services to the public, and some have made the ultimate sacrifice in the line of duty. The marine vessels and the helicopters of the Virginia Beach Police Department are part of the department's instruments of service to the City, and they are visible reminders to citizens and visitors alike that police officers are ever on patrol. In addition to other memorials and acknowledgements of fallen officers, the naming of Police marine vessels and helicopters after these officers would further memorialize those who have died in service to the citizens of Virginia Beach. • Considerations: This resolution authorizes the naming of Police marine vessels and helicopters after fallen officers. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 A RESOLUTION REGARDING THE NAMING OF POLICE 2 VESSELS 3 4 WHEREAS, the City Council recognizes the indispensable service of members of 5 the Virginia Beach Police Department and the ultimate sacrifices of those among its 6 number; 7 8 WHEREAS, in addition to other memorials and acknowledgements of fallen 9 officers, the City Council wishes to further memorialize police officers who have died in 10 service to the citizens of Virginia Beach; 11 12 WHEREAS, the marine vessels and helicopters of the Virginia Beach Police 13 Department are part of the instruments of their service to the City and as such are 14 visible reminders to citizens and visitors alike that police officers are ever on patrol; 15 16 WHEREAS, it is fitting to honor officers who have ended their vigilant watch over 17 the City, whose Neptune-watched shores hold dear our City's nautical traditions, by 18 naming Police marine vessels and helicopters in memory of such officers; and 19 20 WHEREAS, having police boat captains identify their vessels by their memorial 21 designations when communicating with civilian vessels would demonstrate the City's 22 ongoing respect to, and active memory of, those fallen officers. 23 24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That the City Manager is hereby authorized and directed to have the Chief 28 of Police designate and dedicate marine vessels and helicopters of the Virginia Beach 29 Police Department in memory of fallen officers. 30 31 2. That the City Manager is further hereby authorized and directed to take 32 any steps necessary to ensure that memorial identifications are used by police boat 33 captains when they communicate with civilian vessels. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia, this 36 day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13318 March 11, 2015 R-2 ,i sj w‘,,,.::0,,,./ syp CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Urging Parents Whose Children Are Not Fully Immunized to Proceed with Vaccinations MEETING DATE: March 17, 2015 • Background: Vaccines have dramatically reduced the spread of many crippling and potentially life-threatening diseases. Routine childhood vaccines are safe, effective and save lives, and unfounded and debunked theories about the dangers of vaccinations pose a great risk to public health. For children aged two years, the MMR vaccination rate in Virginia is 88.6%, which is too low to provide significant herd immunity, and only five states have lower immunization rates than Virginia's. During the last school year, Virginia fell short of the 95 percent target rate for the MMR vaccine for kindergarteners, reporting 93.1 percent compliance, and Virginia is also at risk for a measles epidemic, which could be deadly. • Considerations: The City's Health Services Advisory Board during their February meeting unanimously voted to recommend that City Council adopt a resolution urging parents whose children are not fully immunized to proceed with vaccinations. Childhood vaccines can be obtained at most pediatric and family medicine offices and at many pharmacies, and the Virginia Beach Health Department also offers these vaccinations. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION URGING PARENTS WHOSE CHILDREN 2 ARE NOT FULLY IMMUNIZED TO PROCEED WITH 3 VACCINATIONS 4 5 WHEREAS, vaccines have dramatically reduced the spread of many crippling 6 and potentially life-threatening diseases such as diphtheria, tetanus, measles, mumps, 7 and rubella, and vaccines prevent the spread of commonly infectious and potentially 8 fatal diseases such as chickenpox, influenza, hepatitis A, hepatitis B, meningococcal 9 disease, pneumococcal, rotavirus, and whooping cough; 10 11 WHEREAS, the scientific and medical communities are in overwhelming 12 consensus that vaccines are both effective and safe, and the dissemination of 13 unfounded, and debunked, theories about the dangers of vaccinations pose a great risk 14 to public health; 15 16 WHEREAS, an estimated 43,000 adults and 300 children die annually from 17 vaccine-preventable diseases or their complications in the United States, and the health 18 and livelihood of young children, seniors, individuals with immunodeficiency disorders, 19 and those who cannot be vaccinated is particularly compromised by communities with 20 low vaccination rates; 21 22 WHEREAS, children's vaccination programs provide a high return on investment, 23 and for each birth cohort vaccinated with the routine immunization schedule, society 24 saves 33,000 lives, prevents 14 million cases of disease, reduces direct health care 25 costs by $9.9 billion, and saves $33.4 billion in indirect costs; 26 27 WHEREAS, encouraging high vaccination rates protects our citizens from 28 contracting vaccine-preventable diseases that are pandemic in countries with low 29 vaccination and immunization rates; 30 31 WHEREAS, routine and up-to-date immunization is the most effective method 32 available to prevent the infection and transmission of many potentially fatal diseases; 33 34 WHEREAS, in light of the current measles epidemic progressing across the 35 country, the City's Health Services Advisory Board has strongly recommended that the 36 parents of un- or under-immunized children vaccinate their children to prevent life- 37 threatening illnesses such as measles and pertussis; 38 39 WHEREAS, the Board noted that routine childhood vaccines are safe, have not 40 been linked to autism, and are effective and save lives; 41 42 WHEREAS, the Board advised that for children aged two years, the MMR 43 vaccination rate in Virginia is 88.6%, which is too low to provide significant herd 44 immunity, and only five states have lower immunization rates than Virginia's; 45 46 WHEREAS, the Board further noted that during the last school year, Virginia fell 47 short of the 95 percent target rate for the MMR vaccine for kindergarteners, reporting 48 93.1 percent compliance, and Virginia is also at risk for a measles epidemic, which 49 could be deadly; 50 51 WHEREAS, the Board has urged the City Council, in the interest of public health, 52 to adopt a resolution that would send an important message to the parents of Virginia 53 Beach who have declined or delayed vaccinations for their children; and 54 55 WHEREAS, the Board noted that childhood vaccines can be obtained at most 56 pediatric and family medicine offices and at many pharmacies, and the Virginia Beach 57 Health Department also offers these vaccinations. 58 59 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 60 OF VIRGINIA BEACH: 61 62 That the Virginia Beach City Council urges parents of children who are not fully 63 immunized to proceed with vaccinations in order to protect their own children as well as 64 others. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Healt Depa AI) City Attorney's Office CA13321 R-2 March 11, 2015 1 I 1 1 e ! p' *rry ,,,C� 5) 4{ F1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing, Vacating and Discontinuing a Portion of that Certain Street Known as "Portion of Market Street to be Closed Area = 8 Square Feet" as Shown on that Certain Plat Entitled "PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED, VIRGINIA BEACH, VIRGINIA". (Town Center - Block 9, GPIN 1477- 54-1429) MEETING DATE: March 17, 2015 • Background: On March 24, 2009, by Ordinance ORD-3074A, City Council approved the closure of an 8 square foot portion of Market Street right-of-way and 7 square feet of adjoining subjacent air space for the purpose of constructing a 15-story building consisting of apartment units, hotel, conference center and retail space. • Considerations: There were six conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure; however, because the City of Virginia Beach Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that it no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Market Street-Town Center Block 9 Page 2 of 2 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure. On March 9, 2010, the applicant was granted an extension of time to satisfy the conditions; on March 22, 2011, the applicant was granted a second extension of time to satisfy the conditions; on February 12, 2013, the applicant was granted a third extension of time to satisfy the conditions. On January 14, 2015, the applicant requested additional time to complete satisfaction of conditions 2, 3, 4, 5 &6. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of time for satisfaction of the conditions until April 30, 2017. • Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. \i/Submitting Department/Agency: Planning Department City Manager. (� . 042 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A PORTION 4 OF THAT CERTAIN STREET KNOWN AS "PORTION OF 5 MARKET STREET TO BE CLOSED AREA = 8 SQUARE 6 FEET" AS SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PORTION OF MARKET STREET TO BE 8 CLOSED, VIRGINIA BEACH, VIRGINIA". (TOWN CENTER 9 - BLOCK 9) 10 11 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach 12 acted upon the application of Town Center Associates, L.L.C., for the closure of a 13 portion of Market Street and its subjacent air space at the southwestern corner of Block 14 9 at Town Center, as shown on Exhibit "A" attached hereto; 15 16 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before March 18 24, 2010; and 19 20 WHEREAS, on January 20, 2010, the applicant requested and was 21 granted an extension of time to March 24, 2011, to satisfy the conditions attached to the 22 aforesaid street closure; 23 24 WHEREAS, on February 25, 2011, the applicant requested and was 25 granted an additional extension of time to March 24, 2013, to satisfy the conditions 26 attached to the aforesaid street closure; 27 28 WHEREAS, on January 16, 2013, the applicant requested and was 29 granted an additional extension of time to April 30, 2015, to satisfy the conditions 30 attached to the aforesaid street closures; and 31 32 WHEREAS, on January 14, 2015, the applicant requested an additional 33 extension of time to satisfy the conditions attached to the aforesaid street closure. 34 35 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 36 Virginia Beach, Virginia: 37 38 That the date for meeting conditions of closure as stated in the Ordinance 39 adopted on March 24, 2009 (ORD-3074A), upon application of Town Center Associates, 40 L.L.C., is extended to April 30, 2017. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 day of , 2015. 44 45 GPIN: 1477-54-1429 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .111 Planning 31-partment City Attorney CA13204 Avbpov.com5DFS741pplatlone Wpdoa100081P0140)00B183.DOC R-1 March 4, 2015 2 2 i EXHIBIT A -- Page 1 of( VIRGINIA BEACH BLVD Si 11_1W � ,TH Qm - m BANK cn ST x o� �rrA wf ti-I z U ltJ Q z Z E.' COMMERCE cc ST F N m < 0 JE"'� ERRETHER a` I z WT-' ��r z COLUMBUS ST z - -44, -1 1 I 1 U L; qN0 SUR4E�O l 1( v o • SOUTHERN BLVD r La a a LOCATION MAP - SCALE: 1" = 2,000' { Qz z G ,R ..r PUBLIC/NGJ�ESS/�'GNESS 1At/A1(RC' STREET (BlR/41) ANO 1/171/77'EASEMENT ° (/NST. w00402D50023049) [ (1,15Kj2001021000242.77) ('1 cWDi Y CLE ELANo.S (/NST, 000404090055240) (TYPJ z y•--N 89'35'57" E -l1------200.26' (S{F} c3 in It(f,I ` , 1 5 P N 3,474.594.1037 N 3,474,595.5046 E 12.175,006.2284 E 12,175,206.4835 -3'svedACENT AIR_SPACE (#ST. A1902/2-173087765) \ I oar 000102100021237) (aysr. 1200104080055240,1 MP) o TOWN CENTER BLOCK 9 1 , w 4 o N( INST. #200402060023049) Li 4 AREA 44,062 SF N • ., OR 1.012 AC I GPIN:1477-54-1429 P i N-' - 3 c NOTE: MERIDIAN SHOWN HEREON IS BASED y h VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTEH ZONE. I e ;NJ Z pi NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93, w `c k . . c - 8 HARN) AND REFERENCED TO VIRGINIA BEACH GPS v c 4 z STATIONS 4737-1744 & 4793 0 ig 84.85' PRENIX/S 1/1o RIOVT--Gi-if.4Y007/CA77CW /8' (/NST. 00010206002.x049) "- SEE DETAIL 'A' cQ$10 PRENOUS S 44'35'53" W _#) r----R/GNT-OF-W1YDERCA710N 4'35' POf) ."` Nr- (NST. /200272.1113086483) Q-S 8915 53 W - 90.63 ONO Ct UW81/S STREET(VAR IIIDTI/ RAV (Ala 1/a PG- 12) ONS 7: 20027230349$483) /1\\ [REV! AS PER CLIENT IKCR(i_26-2009] SHEET 1 OF 2 ul.r.fs■ ,MSA.. ■ric, .." 1:'.C. ■ni. v ■ P T G c •iCpviEa! PORTION LOF MARKET STREET ENvLAN1�iNDSCAJE HSTFgNas RE TO BE CLOSED 5033 ROUSE DRIVE. VIRGINIA BEACH, VA 23462 757-4-90-9254 (OFC) 757-490-0634 (FAX) vivo/mown lin e.corn PROJ. NO.: 06161B DRAWN_ Km ( EXHIBIT A — Page 2 of 2( CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 25.00 10.78 5.48 10.70 S 12'42'36" E 24'42'36" C2 28.00 _ 10.71 5.42 10.65 S 1119'42" E 2155'04" C3 25.00 3.42 1.71 3.42 N 29'01'48" W , T50'21" - UNE TABLE UNE BEARING LENGTH L1 N 002410" W 10.45 L2 S 891553" W 2.02 _ , L3 S 8915'53" W 0.97 L4 S 0024'10" E3.00 S 89'35'53" W 11.08 L6 N 89'35'53" E 12.72 I iJ o 4 ; SUBAJACENT7SQUAIR ARE SPACEFEETTO BE CLOSED. d ARE = oSUBJACENT AIR SPACE TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH. 15' z AREA = 36 SQUARE FEET R `\ `� w PORTION OF MARKET STREET AND 3'. "� PUBLIC INGRESS/EGRESS AND Ui1UTY N2' EASEMENT TO BE CLOSED. AREA = 8 g SQUARE FEET i 1 N 0024'10* W;N r PREYJOYJS y 10.45' tl Riot-Cr-IPAY DEDIC 110N L6 _.�� ,,r I pNsr. >2,�a3a�,►a�J I i w`\\`\\\/ 13 N 8935'53" E • N 89'35'53" E L J'PIUBUC IIVQPESSA'p ',� J'S7/B,7AG37Vt A/R S°AQ'- 2.28' �. AM' U1lC/tY EA.SZ�/ENt (MNs7. ,, av212.J7JG1�1755 (,dust. /2OO2/2.�062423 J J past #20602/00624237) 24237) i Misr02/0r00242J7J past. 04080a5524n) (77P) (7NYT. .f200404080055240J OW) DETAIL A SCALE 1" = 10' Or„OS of r x , . C Q- 4N° sua'i ° a jREVLIAS PER CLIENT IKCR)1-26-20091 SHEET 2 OF 2 ■.h.■,.■ ,.r,., i■■ P_C: ..rr.,,, .,IIMI..lt .ii SA, PLAT L gs SHOWING � ` � � Ns �S�� � � PLANAEHE �PORTION OF MARESTREET .LAPCI-FECU TO BE CLOSED 5033 ROUSE DRIVE, VIRGINIA BEACH. VA 23462 757-490--9264 (OFC) 757-490-0634 (FAX) www.magontine.com VIR(I1NnA DCA 'u trtnn,.,,. PROJ. NO.: 06161B DRAWN: KCR Item#18 Town Center Associates,L.L.C. Discontinuance, closure and abandonment of a portion of Market Street Northeast corner of the intersection of Market Street and Columbus Street District 5 Lynnhaven February 11,2009 CONSENT Joseph Strange: The next item is item 18, an application of Town Center Associates,L.L.C. for a discontinuance, closure, and abandonment of a portion of Market Street located at the northeast corner of the intersection of Market Street and Columbus Street,District 5, Lynnhaven with six(6)conditions. Mike Nuchols: Good afternoon for the record,Mike Nuchols representing the applicant. The applicant is in agreement with all the conditions. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this item. Ronald Ripley: Thank you Joe.This is really a housekeeping matter too. It's a discontinuance,closure,and abandonment of a little small portion,actually the northeast corner of Market Street and Columbus Street at the Town Center. It really kind of squares the block off for this next development that Armada Horner will be developing,which is a 208-unit apartment building, a hotel,and some retail component. It does include adjacent air space,which is,in the case of zero lot line developments like this, where you build right up to the right-of-way. Sometimes you might impede the right-of-way with your foundations or your beams and this basically it avoids those conflicts. There is method worked out for the City. So,it was very minor matter, and we felt that it ought to go on consent. Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve item 18. Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. Mr. Redmond? David Redmond: Madame Chairman, I will be abstaining on item 18,as I have a business conflict. Janice Anderson: Thank you. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE Item#18 Town Center Associates,L.L.C. Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AVE REDMOND ABS RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By;1 vote of 10-0,with the abstention so noted,the Board has approved item 18 for consent. Map 5t Town Center Associates LLC # 18 (—,- a [ tsi 3 ] j 1- c i b° . , COMMER '�r s February 11, 2009 Public Hearing �- Q;,3A -3,A r2' B 3A :W (53 i5] ( APPLICANT: �' -__ TOWN CENTER rllmil ri, C�1; ,' • cj •; a©�� ASSOCIATES, LLC i "1°' N'9 , PROPERTY OWNER: r . . B-; 8.3 VIRGINIA BEACH in z&\, __--, ] ,_� , l �` J DEVELOPMENT Street Closure AUTHORITY STAFF PLANNER: Carolyn A.K.Smith REQUEST: Discontinuance. closure and abandonment of a portion of right-of-way known as Market Street, and subjacent air space,at the northeast corner of Columbus Street and Market Street ADDRESS I DESCRIPTION: Property located on the northeast corner of corner of Columbus Street and Market Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1477541429 LYNNHAVEN 8 square feet portion Less than 65 dB DNL of Market Street 7 square feet subjacent air space SUMMARY OF REQUEST The applicant requests closure of a very small portion of the Market Street right-of-way and subjacent air space in order to square off the corner and ultimately construct a 15-story building consisting of a retail component and up to 208 units as a mix of hotel and apartments.A Conditional Use Permit Is required, and follows, to construct this structure. Specifically, the request is to close eight(8) square feet at the corner of Columbus and Market Streets and to close seven (7)square feet of subjacent air space, for Improvements to the site. As part of this agreement,the City will receive 36 square feet of subjacent airspace to be conveyed by the Virginia Beach Development Authority. TOWN CENTER ASSOCIATES/VBDA Agenda Item 18 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: • Comm erce Street, restaurant and retail/B-3A Business District USE AND ZONING: South: • Columbus Street, office,open space/B-3 Business District East: • Central Park Avenue, apartments/B-3A Business District West: • Market Street, hotel and apartments/B-3A Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed.There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES WATER&SEWER:There are no water or sewer lines in the area proposed for closure. PRIVATE UTILITES: Preliminary comments from private utility companies indicate that there are no private utilities within the area proposed for closure. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Street Closure Viewers met and determined that no public inconvenience will result by approving the requests to close eight(8)square feet of the right-of-way and seven(7)square feet of subjacent air space at the northeast corner of Columbus and Market Streets. Most of the streets in Town Center were dedicated with subjacent rights,meaning,a differentiation Is made between ownership of property above, below, and at grade. As the subjacent rights are those under the land that, in this case,the City owns,the closure of the right-of-way includes property below grade as well as above grade in order to avoid possible future legal encroachment issues with underground supporting structures and utilities serving the Improvements constructed on adjacent blocks. As many of the buildings in Town Center are constructed with a zero setback from the right-of-way,the foundations for the buildings(some of which are constructed on deeply driven pilings that may not be TOWN CENTER ASSOCIATES /VBDA Agenda Item 18 Page 2 driven exactly vertical)and utility facilities serving the buildings may protrude beneath the surface of the adjacent streets. The request to vacate the seven(7)square feet of subjacent air space means that the City will relinquish its rights to the property beneath a small portion of the right-of-way to the Virginia Beach Development Authority(VBDA). Upon closure of the eight(8)square feet of Market Street and the City's relinquishment of its subjacent air rights, the underlying area in which any supporting structures and utilities may be located can be done so without constituting encroachment. As part of this agreement, the Virginia Beach Development Authority (VBDA)will also convey 36 square feet of subjacent airspace to the City.This area was reserved by the VBDA per the 2002 Phase 1-A • subdivision plat and related Deed of Dedication. A 2004 resubdivision plat and related Deed of Dedication dedicated an 18-foot wide strip of Market Street immediately to the north of this area, leaving out this portion of the subjacent area. This action wil I simply clean up and finish off what probably should have been included in the 2004 resubdivision. Staff recommends approval of both the closure of eight(8)square feet and seven(7)square feet of subjacent airspace at the northeast corner of Columbus and Market Streets subject to the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council.Copies of the policy are available in the Planning Department. No purchase price shall be charged-in this street closure;however,because the City of Virginia Beach Development Authority(the current owner of the property affected by the street closure)shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordatlon prior to final street closure approval. 3- The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities-within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that Is no longer needed by reason of this street closure. In exchange,the City shall convey to the City of Virginia Beach Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions TOWN CENTER ASSOCIATES /VBDA Agenda Item 18 Page 3 within 365 days of approval by City Council. lithe conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department,the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure NOTE:Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. TOWN CENTER ASSOCIATES /VBDA Agenda Item 18 Page 4 t • J t4S �- -'1.LW •t Y � i! .-� r �l �e?I C j Ikl a -- ° , , 0S+ ? ' v�V; � s�l ` 7 I 'I, 1,� Lll - r .( , ;I � . � �. 1._, • . 1 .yLy� � —P••••••.,.. -' '�' :;17 I -f. + I C.er:t.! 4.....,*; }I , Is, 0-- �l 1 I • ia.!.. p Iftlitli l'ia1 ■i .- ...., YT a. It i 1117' 1' •.4.a.a. r - .!t:'.as'.i,r pi 1' • Vit'.. �, ---,u L .. - Ire 44.40 _rt.il/l.wl ti it r 1,14;1/, w 411.0 , ••,-,,;•.... 7 ;. . •! 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If Lti, ( d .,�f i` i + iu^la � pl 1. rI11 .Il"1 w� Isa - uka } - .. t; . ,1,8� ap fJa[1 L. 1 E 3_ is1 4si� .,,i f " ^ ..,,,, ,, 1 ,F 1,5. i iii 1.1 I- F '. 1 ..i tL .ao r Al3;._ I 1 AERIAL OF SITE LOCATION TOWN CENTER ASSOCIATES/VBDA Agenda Item 18 Page 5 VIRGINIA BEACH BLVD Ei py3'H pF m BANK in ST cc .. d'$ £ z[ IXC�4 z w COMMERCE < ST N V , "' ' �;ERREIHER aL J+ ��ir : o COLUMBUS�� ST� x�' Z rn ( 1-24.-0 fq, zv' o44'O suRV0 J } UOO SOUTHERN BLVD LOCATION MAP - SCALE: 1" 2,000' LIS <d7 crga FRGF SFREFT(or R/W) AND i firaS2 Nivatess/tc+P£Ss r1 psi:,/2oafa?asao23a4,) (*sr. pulp ?J7) Omar an s1�f 0361:Oxa4 55M)(P) Z a {ftiiN 89'35'57" E_ .-i—� _—200.26'.---- (414 SN N 3,474,594.1.D37 I N 3.474,595.5048 E 12,175,006.2284I E 12,175,208.4835 J 3TASti4CENT AIR.SPAT I ( S 212J1J097)W5) II F (.FYSr./fiVM4Q71G1?o21 i ` (Nsr 4�'1t 2.5?44)(TPP) q 1 , k q TOWN CENTER BLOCK 9 - N (INST. #280402060023049) 4 , I AREA•D 444062 SF 41 '1 Z OR 1.012 AC �� OPIN:1477 54-1429 . •� `o NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE q t VIRGINIASTATE PLANE COORDINATE SYSTEM,SOUTH ZONE, 11%4 NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93, 'J c HARN) AND REFERENCED TO VIRGINIA BEACH OPS 44. z STATIONS '4737-1744' do *4793*. o k 'Lig i g BAs th fer (ays'r l sao?.w4s) I J��14,?„...,,,--SEt DETAIL 'A' f � WAY AEM M S 1033''3" w P21{� ll ` (TMST.Atlat12.A27APSIB3) �yP, \\,t4..........--71-14'-S 89'35'53` W -190.83' �` COLIANUS S7REET(VAR WIN RAV (419'114, PC/2)(A'Vsr. 2O4Pf2XJ019S0,1J) / REVD AS PER CLIENT IKCR J1-26-20091 SHEET 1 OF 2 PLAT olyitzgoorrAL PORTION O MARKE.TGSTREET -"'O LANDSCAPE A9O11TEC1URE MCS TO BE CLOSED 5033 ROUSE EWE, VIRGINIA BEACH, VA 452 757-490-4204 (OF )757-490-0634(FAX) rw meoon ine.rafl PROJ. NO.:06181B DRAWN: KCR VIRGINIA BEACH, VIRGINIA DATE: 12-18-2008 SCALE:1' - 40' SURVEY OF AREA TO BE CLOSED TOWN CENTER ASSOCIATES /VBDA Agenda Item 18 Page 6 CURVE TABLE CURVE RAOIUS LENGTH TANGENT 1 CHORD I REARING I DELTA Cl 25.00 10,78 5.48 10.70 S 12'42'36' E 24'4236' C2 28.00 10.71 5.42 10.85 S 1119'42" E 21'55'04' C3 25.00 3.42 1.71 3.42 N 29111'48' W 7'50'21" UNE TABLE ONE r 9EARIN C LENGTH 11 N 00'24'10" W 10,45 _ L2 S 8935'53" W 242 L3 S B9'3.5.53. W 0.97 L4 _ S 00'24'1 O' E 3.00 1-5 5 8935'$3" W 11.08 - L8 N 89'35'5X£ 12.72 • X b SUBJACENT AIR SPACE TO BE CLOSED. -4,-. ® AREA = 7 SQUARE FEET oSUBJACENT AIR SPACE TO BE CONVEYED TO TME CITY Cr VIRGINIA BEACH, /8' x AREA = 36 SQUARE FEET @} RKET STR3' EE PUBOCPORTION INGRLOF MA'SOL0SS EET AND UAND DUTY !.1 EASEMENT TO BE OLOSFp. AREA = 6 SQUARE FEET r 4 N 00'2410' W,* a 9 RPE1l67/S it1 LB 6' I. , DEDIC4 NW}I t (MCSC/O�Ilt7J? .j) ilkx. `��r 13 N 8915'53'E T_ N 8935'83` E LR`�Y/C 41 Y SS AAD ut /rr E1 vr2.28' 3.SARGENT AP A°AGB .^ J(2457 A E2VarAv5) &er amoop0 P3Ifwsx'aar° ° iron) On: xr. s2*2Or) Dt 7iq/L A SCALE Y rd r- 1r x i�moo-og 44bSURVF-''°� ZS,f REV AS PER CLIENT JICCR 1-26-20091 SHEET 2 OF 2 HO 7,171! ISA, P.C. PLAT SHOWING ESO,, 1 E►IMRO uc TA Sc C 6E PORTION OF MARKET STREET g„ NNr,si f'�Cwil c"nfi 'Iw` TO BE CLOSED 5033 ROUSE ONE,VIRGINIA BEACH,VA 62 757-490-9264 CIC) 757-490-0634 FAX) ran.ms nelinacvm PROJ. NO4 061818 DRAWN: NCR VIRGINIA BEACH, VIRGINIA DATE: 12-18-2008 SCALE:1"m 10' DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES/VBDA Agenda Item 18 Page 7 f r 3 •, X f• }�,r "rte �.�v� �0. . ,..„1,d r •41..At r•••).;*,,,,,, y , '4 a 4 ,. . ' • i '' td + x + juF� Nl ��� 4 iLfiJ.. 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Ml :1.:{,-;.4,4t1,....41-."4,;.i.1 1 -, i 1 7 it, Jor^, * �1 ( _. ,iii:7-1-46,1- , "*.- . ; :,,..14tir......1*.:, T ' Ifiklaa F t ZL .. F } • % 1.1 il F. S J . ., +z - f t f � �" � 'rte ELEVATION OF BUILDING PROPOSED (LOOKING AT CORNER OF COLUMBUS STREET AND CENTRAL PARK AVENUE) TOWN CENTER ASSOCIATES I VBDA Agenda Item 18 Page 8 M Ma a`pt,o S7 ITownB:053 Cen 'r Asit,_sociates, LLC ,I r = i PE / caRe.0..... .o i [ t1 \ Q An 3�� no, Q _3460 iL , , 1 ooet5 1 --__IFIA.PktiLk' q 4___caumailm t 1111�, BE �� X03 B- (�- in 039 C5] l Mt iiffillidala _1 fir 111i,lA� i� M■aN■IN/ 4.—IL rii . \ !! B-3: . i 1 i( ::\\ '---1 I V ZR Ar Street Closure 1 03/09/04 CHANGE OF ZONING(B-3 to B-3A) Granted 2 03/11/03 STREET CLOSURE Granted 09/24/02 CUP(multifamily dwellings) _ Granted 3 05/10/05 CHANGE OF ZONING(B-3 to B-3A) , Granted 4 _06/28/05 CUP(multifamily dwellings) Granted __ 5 02/08/00 Creation of B-3A Pembroke Central Business Granted Core District ZONING HISTORY TOWN CENTER ASSOCIATES/VBDA Agenda Item 18 Page 9 1 r f ,, ______ ___, 4 DISCLOSURE STATEMENT (14:::.1 —.....,........._=_____ , . , APPLICANT DISCLOSURE 1010.104 if the applicant is a corporation,partnership, firm,business,or other unincorporated• ' Fiiiii organization,complete the following: . • - i 1 List the applicant name f llowired by the-names of all officers,Members',trustees, .,;partners;etc. below: (Attach fist if:nrecssar-y) Town Center Associates:;' Z.L.C. - %. Hiembarlp: •CiCenter Associates.,: 47..c and Armada Hoff ler Prti ropeea.;. •:,• -4'': :L:L C.-, . tanagers:_1,04:a,*.:Haddad ',Anthony:P:>Nero, end: Gerald.S'Diraria ': =2:- Listall,b.us_ineiss asrthat'have::sparent subsidlery.To( ff ated busin'ess;enstlty2s '.0 .4!::: relationsb with tI.i a piicant: (Att ch ii t if neoessafyJ Armada/H¢t 1er entltr Petit and numoreus:Town center relatedand 'ether . uarelat.ed24s1ness: entities are.:af•filiated;:with:the Applicant•:through i• . 40 rinc.tpt Iat i att 1.-..*:':Hoffler, :44. R0sse1 'K3-rk eiid:.Ainit'ho "P.-1.1 ._.. Clheck here�If'the 4:1 licantAi&'NO =a�corporetfori parts°ership;,fr ;bui mess 'or:-: :.r. '. �. ; . :. .•. er.titiliiyo�porat�ed�o�ar�fzati'vri� . r Ste his section f'r??X If pr> rtf�ownor'-:s differept fiOviipphca17t ' °' :;' ..'gm •.:, �f.6e R%ppa►`t�±q+ar�r.a'��r�lbQrapartnerstiJp grllsL buslnssa,:©e+�t�l' �... .:. : .: unincorporateil.O an1zation, -late then following,:. :.-:: ._ • : •• . . ;'I List tete.property,owner Barn followe by the names oT ap afficei.•nternbers, ' .' trustees„partne.etc_00..W. Atltttacl /O.:. ieCe.ssary)- `'' C{t.X`-of.;:WI lirLa?,.t;esoh:> Iveloprpent A.ulltit►ritt':Cse :1 at. '94;neajbsr : 1.01,4.:4t;_ atteiclied...aa-_I ih tan$ t fir' :. .: - 2.-Liit:eliibusiriesses that have.;: .0as t t- sus sidiry 42) a ' or affilatei�busiriess:..rijjti4 s i relate©hship:iwilh tbe.a ltctant; ttttaatt Nat Ifrisoesrsary�j pP PI Check herb if:the.property owner IsNrpr a corporation,partnership,.firtn,, • .:. •'' .- business,or other.unincorporated organization. • •' . *.i.1 a See next page rpr rootnilles Does nn official or employee of the City of Virginia Beach have an interest in the subject land?.Yes No X if yes.what is the name of the official or employee and the nature of their interest? F.”( .- _ ._ can Sk4e:LS'.'is:setiklIP•.xr Paan 16,'11 Perixcd 7f3N7 TOWN CENTER ASSOCIATES /VBDA Agenda Item 18 Page 10 I Ii ( ( DISCLOSURE STATEMENT •• _ Z• lir. - � ' DITI.QAfAt-OI.�SCLc Sl1RES List all•known lcontractors or.btiel'riesses that.have or will provide services.with respect. , to the requested'property use, including but:not limited to"the providers of architectural •• services,:teal estate;servlcQs,fitiancial.services,accounting:services end legal'-. . selvices;.(Attach list'if necessary}. ova enter. Associates •"L. :C• '.a:'•ert & •e,an •P G..••::MISA. P.C., <Divatis'.Reel„Estate,, inc..;., Chleczr,,::l3ekaert:&. Hol1land; Armada/Hoffies •:-..1 . i. Construrtrion_:Za;, eattytgrve7.&_Assoc akesArthiitectaq •. - I . •a "Parent-aubsidia '•ralatbnship'.Miiiti 'e.re•latioj hip•tthat exists when ohs • corpomtwn.:.0.0). ;or tn•d•iregily'ow•ns.Alinres eaahe.m•ore tha•n•50 peiveni•.o ft the y•ott - ; • power::( an r_corporation. •$00.5Jte..arid:Loca1:3o'efill'Aibnl,Q..0.11f1lot1of4.1 1erests a.,::1 • : Code o..2.2.S1O,i:: •: • • .'..... ... • ... . '-W1-1 ttt ;¢u$Inees y:ratan[ skptp'!mane V`a.mlutlon'ship,oth an parent '' ' sub8ldlery:re1aflpri tip wal. its when. m't lnese�entlty,has:a ooiattalllnp iow►rerg1hlp ^•: Inipe ln'the:otlter btuklrSess.t r:!dli`:e:eorrpl [ Nagar O one eiitity Is also a controUing•'::•,:•'••i ownerJrt,::the.oIfaei:anf y r,0.1.10 ere:s;sheted nana9�°Fi nt:or:cntipl:f;Re•the Maines` ; enlltlee FePWOM that ah be , d 1 d+�lit'hdhU exlslenoe ,!n.• ilbatedt :..•; . • ' bunnies$:entity:slatloahlpp olude tat the same,person�or substantial llt+easn sperson .ow3i or it itisge the two a6.1a. ,tthere `fit union or ttoi mlri led'fttnds,gr'.aa�pets the -:.-:...--..H... -.. : business.erilllle sher&;tile ua of hey semen nre+> Ions ar otheiwlse.shore aactivitiea;. .retioiltoei rn.personnel:oifi, g er�baeli;':ti there le;gtheiw1' •e..claa.wor�it'.#0 uonvh)p -between'the veati les a Stats art •Lc►:r ,k Govemniteei.poriflot of In Ie,A to Va Coda • -.'Oa TIF1CA 1�1 I coi'iify that:the•:infnrniatf rcflr1talned;herolnhs trlikei.d•aaccised9.. = •;!' .'I;understofict:that.:tinen're t,crr Qan.i is rd3'that.the Saplirfrli ►ll.s been ech !Uiec#f�•: p�ubYc hearing I am•resposciibte Ipr of atpafnklg and postiing the required sign en Htaet Jts t.prc�p>etaty est'; :: :::. t leatct 3O d ys priorto.:the-sckratiuled.pi4l he p+p acoerdfng.to the f�[bctions:in ti,�•paricaqe The • : undersigned also cptisen}s iu:entry upon lha'subject prpperty by.enloyfee5 PI the{)epartmeri of • •.: ?lannIng lb photograph aid view thersite fol imposes of processing and sv IUr tifg applicalionj ''....,••••-; • ..: • .-.. Tetin:'Center-,A taocileitea. :L,:b.t'. -. • Applicant's S toast a r tri t • , City' of Virgl.ut Beach Development Authority i i Property Ovirierrs S n (if different thafi:applicant) i3 l 1d V II 7�._.. nn4 � J •, Chair • .. (Pr int) J Foak Si,e i:10We:1:1.::zo ai Pnye 11 of H l Reve:rd 10,4 I TOWN CENTER ASSOCIATES /VBDA Agenda Item 18 Page 11 I f s Exhibit"I3" List of Members of the City of Virginia Beach llrr'elnpnient:Authurity i C.Maxwell.Bartlinfom w Jr, i thn°H lirot:kwcll • eitsi1 H.Carrijigion • P p4 }us D:Ellis: `t3otiufil V.Ielii ,' . ....Page G.Lci ; •• :1 . P tul'V.:Mtrhias 'i' • y ; • ' I. . . .'''..:•••.; r04!1l 1laL4: i .•� '.,•!:' • r,• '~r .;a.t •:n, 5. :,. r.. •i,- - .�,a ' ti•4. .. 1b'iibu j oti ' ri ; •i i I it ( ,,--F-,547.2, i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Resolution Approving a Modification and Extension of the Town Center Option Agreement and Recommending that the City of Virginia Beach Development Authority Approve the Modification and Extension. MEETING DATE: March 17, 2015 • Background: The Town Center Project (the "Project") has been a long-term priority for the City of Virginia Beach (the "City"). The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved five phases of development at Town Center. Phases I, II, III and V have been completed on nine blocks, and consist of approximately (i) 815,000 square feet of office space, (ii) nineteen restaurants totaling 117,000 square feet, (iii) 190,000 square feet of retail space, (iv) 804 residential units, and (v) 412 hotel rooms. Phase IV expired prior to commencement of construction. • Option Land: The majority of land necessary for the Project has been owned by the City of Virginia Beach Development Authority (the "Authority") and sold to Town Center Associates, L.L.C. (the "Developer") as each Phase of the Project has begun. The terms and conditions by which the Authority will sell land to the Developer for the Project are set forth in the Town Center of Virginia Beach Option Agreement between the Authority and the Developer originally dated as of June 5, 2000 (the "Option Agreement"). As the Project has progressed through the first five phases, the Option Agreement has been modified to reflect both the land subject to the Option Agreement and the date by which the Developer must purchase that land. The Eighth Modification to the Option Agreement was approved as part of Phase V and executed on July 19, 2012. After completion of Phase V, only Block 2 (the former Beacon Building) and Block 9 (the block between the Westin Hotel and the Cosmopolitan apartments) remain subject to the Option Agreement. • Option Terms: Under the current terms of the Option Agreement, the Developer has until April 30, 2015 to exercise its option on Block 2 and Block 9. The Developer may only acquire Block 9 if it (i) has paid $1,005,121, which includes all sums owing under the Option Loan, described below, and (ii) has presented a plan for development for Block 9 acceptable to the City Council and the Authority. The Developer may only acquire Block 2 if it (i) has paid $4,792,735 (the price the Authority paid to acquire Block 2 in 2009), and (ii) has paid a special fee of the Authority's costs associated with the operations at Block 2, currently $64,789 and (iii) has presented a plan for development for Block 2 acceptable to the City Council and the Authority. • Option Loan: On June 8, 2000, the Authority obtained a loan to finance the purchase of the land (except Block 2), that is subject to the Option Agreement (the "Option Loan"). As the Developer purchased various blocks for development of the Project, the Authority used the proceeds to reduce the balance of the Option Loan. Currently, the outstanding balance on the Option Loan is $947,939.13.. As set forth in the Option Agreement, the cost to the Developer to acquire Block 9 is equal to the outstanding balance of the Option Loan plus all costs of carry borne by the Authority (including all previous interest and costs paid). To secure its performance under the Option Agreement, the Developer has posted an Option Performance Bond in an amount equal to the outstanding balance of the Option Loan. The continuation of the Option Performance Bond is a condition of the Option Agreement. • Relevant Deadlines and Developer Request: The Option Loan is due and payable on April 30, 2015. The Option Agreement expires on April 30, 2015. The Developer is working on a proposal for an additional phase of Town Center on Block 9, but has yet to finalize its plans. The Developer has requested that the Option Agreement be amended to (A) allow Developer to acquire Block 9 prior to April 30, 2015, subject to (i) a development restriction giving the City Council and the Authority approval of any development on Block 9 and (ii) giving the Authority the right to repurchase Block 9 for $1,005,121 if no development has been approved by City Council and the Authority by April 30, 2018, and (B) extend the term of the Option Agreement with respect to Block 2 until April 30, 2018. • Recommendation: City staff recommends approval of the requested modifications. • Considerations: Extension of the Option Agreement on the terms proposed would allow for the continued development of the Project in a manner acceptable to the City and the Developer. After selling Block 9, the Option Loan would be paid in full and City Council and the Authority would still retain control over future development of Block 9. I I ii • Public Information: Advertisement of City Council Agenda. • Alternatives: Allow the Option Agreement to expire. • Recommendations: Approve the requested modifications. • Attachments: Resolution Summary of Terms Recommended Action: Approval. Submitting Department/Agency: Economic Development�� City Manager: I I I II 1 RESOLUTION APPROVING A MODIFICATION 2 AND EXTENSION OF THE TOWN CENTER 3 OPTION AGREEMENT AND RECOMMENDING 4 THAT THE CITY OF VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY APPROVE THE 6 MODIFICATION AND EXTENSION 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City 10 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 11 Development Company, L.L.C. and its affiliates, regarding the continued 12 development of the Central Business District Project known as The Town Center of 13 Virginia Beach (the "Project"); 14 15 WHEREAS, the Project is a development arrangement between the Authority 16 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 17 development, utilizing the structure of an economic development park in the B-3A 18 Pembroke Central Business Core District. The area is zoned to optimize 19 development potential for a mixed-use, pedestrian-oriented, urban activity center 20 with mid-to-high-rise structures that contain numerous types of uses, including 21 business, retail, residential, cultural, educational and other public and private uses; 22 23 WHEREAS, the Authority and the Developer have entered into an option 24 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 25 and conditions by which the Developer can acquire Authority-owned land for the 26 Project (the "Option Land"); 27 28 WHEREAS, as set forth in the latest modification to the Option Agreement 29 dated July 19, 2012, the Developer's right to acquire the Option Land expires on 30 April 30, 2015, and prior to such acquisition, the Developer must present an 31 acceptable plan for development of the Option Land to the City Council and the 32 Authority; 33 34 WHEREAS, the Developer has requested modifications to the Option 35 Agreement as set forth in the Summary of Terms, attached hereto as Exhibit A; and 36 37 WHEREAS, City Council is of the opinion that the requested modifications will 38 allow for the continued development of the Project to the benefit of the City. 39 40 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA; 42 43 1. That City Council approves the execution of a modification of the Town 44 Center of Virginia Beach Option Agreement between the City of Virginia Beach 45 Development Authority (the "Authority") and Town Center Associates, L.L.C., so long 46 as such modification is consistent with the Summary of Terms attached hereto as 47 Exhibit A, and made a part hereof, and such other terms, conditions or modifications 48 as may be acceptable to the City Manager and in a form deemed satisfactory by the 49 City Attorney. 50 51 2. That City Council requests and recommends that the Authority adopt a 52 resolution consistent with this Resolution. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2015. APPROVED AS TO LE AL APPROVED AS TO CONTENT SUFFICIENCY A► FOR City Attorney Economic Development APPROVED AS TO FUNDS AVAILABILITY ance Department CA13200 V:applications citylawprod cycoin32 Wpdocs D006 P00400000226.DOU R-1 March 6, 2015 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority(the"Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) and Block 9 (undeveloped block between the Westin Hotel and the Cosmopolitan Apartments) Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Block 9: .$1,005,121 Term of Option: Option must be exercised by April 30, 2015 Conditions of Exercise: TCA can only exercise option if: 1) TCA has paid all sums when due(principal or interest)owing under the Authority's loan payable to Wells Fargo, having a current balance of$ 947,939.13; and 2) TCA has presented a plan for development of the Option Land to be acquired,which plan is acceptable to the Virginia Beach City Council ("City Council")and the Authority; and 3) TCA has maintained the Option Performance Bond as required under the current Option Agreement. PROPOSED MODIFICATIONS: 1) Block 2: Term of Option extended by three years to April 30,2018. 2) Block 9: TCA may purchase for$1,005,121 prior to the development plan being approved by City Council and the Authority with the following conditions: a) Block 9 will be subject to a deed restriction giving City Council and the Authority the right to approve any future development; and b) The Authority will have the right to repurchase Block 9 for$1,005,121 if no development is approved by April 30,2018. I x x ------- ------ -1 --- I ------ ' I Aa�sv38 '0 E aa • E. U c d r -.. p.-- ci) r _J — > (,- I p 0 to d 3 a c.) a O `a I 1 O p o Z M co r N ;, d in o0 CO in Y a C LL 0 V iO o r- et vI LO U I's- ,*- ,- -3 Qm 0L) O CO Q Z I- T a) '? a oJ �tiz H N0Q a J MN r 01 'Co U = z Z LT_ 0 •O-J a a CC _ E -a 2 0 s I s NO1111111SNO3 - Q U ad 0 a` X r / r co _U Y U c) a E Icn mcM N. mII11 a I- in Im U U U °o J O 1` 0 as 2131N33 NMOL 47- 1 o re J F- m co Q = z z_ Q Q z w 2 i m z 7 LO N CD > 3A`d)0:1Vd 1`1211N30 f o - - . 3 co m U .� ..r, _ -J -- 1_-.� 0 -• m 111 - [ n I' m A is 13)laVW w IS 13)IaVW M ( 0 m V a I'' E ~ 0 1 °? a w �� V I a o) GA18 3ON30P3d3' w c / >.'g. W W z iOiT ;v m I 1 1 [ ,,,_•014;„4 el/ ,4 ,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing Temporary Encroachments into Portions of City Rights-of-way Known as Main Street, Columbus Street and Constitution Drive, by TCA Block 11 Apartments, LLC, TCA Block 11 Office, L.L.C., and Town Center Condominium 11 Owners Association, Inc. MEETING DATE: March 17, 2015 • Background: TCA Block 11 Apartments, LLC, a Virginia limited liability company, TCA Block 11 Office, L.L.C., a Virginia limited liability company and Town Center Condominium 11 Owners Association, Inc., a Virginia corporation (collectively, the "Owners") own property located along Main Street, Columbus Street and Constitution Drive known as Town Center Block 11 (GPIN: 1477-54-8537) (the "Property"). The Owners have submitted an application for temporary encroachments into the City's rights-of-way known as Main Street (northern side of the Property), Constitution Drive (northeastern corner of the Property), and Columbus Street (southeastern corner of the Property), consisting of existing multiple metal canopies, frame/metal awnings and building architectural feature overhangs, as shown on Exhibits A, B & C attached to the Ordinance (the "Encroachments"). ■ Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the encroachment agreement (the "Agreement") between the Owners and the City of Virginia Beach (the "City"). The Encroachments are consistent with those shown on the conceptual drawings presented as a part of the approval of this phase of Town Center and the other encroachments currently existing in Town Center. As with all encroachment agreements approved by the City, the Agreement would provide that the Owners must comply with all State and City specifications and approvals. Furthermore, the Owners would indemnify and hold the City harmless from and against all claims, damages, losses and expenses, arising out of the construction, location or existence of the Encroachments. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate Z pA0 City Manager: k 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY 3 RIGHTS-OF-WAY KNOWN AS MAIN STREET, 4 CONSTITUTION DRIVE, AND COLUMBUS 5 STREET, BY TCA BLOCK 11 APARTMENTS, 6 LLC, TCA BLOCK 11 OFFICE, LLC, AND TOWN 7 CENTER CONDOMINIUM 11 OWNERS 8 ASSOCIATION, INC. 9 10 WHEREAS, TCA Block 11 Apartments, LLC, a Virginia limited liability company, 11 TCA Block 11 Office, LLC, a Virginia limited liability company and Town Center 12 Condominium 11 Owners Association, Inc., a Virginia corporation (collectively, the 13 "Owners") own property located along Main Street, Columbus Street and Constitution 14 Drive known as Town Center Block 11 (GPIN: 1477-54-8537) (the "Property"); 15 16 WHEREAS, the Owners have submitted an application for temporary 17 encroachments into the City's rights-of-way known as Main Street (northern side of the 18 Property), Constitution Drive (northeastern corner of the Property), and Columbus 19 Street (southeastern corner of the Property), consisting of existing multiple metal 20 canopies, frame/metal awnings and building architectural feature overhangs (the 21 "Encroachments"), as shown on Exhibits A, B & C attached hereto; and 22 23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 24 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 25 City's property subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That pursuant to the authority and to the extent thereof contained in 31 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are 32 authorized to construct and maintain the Encroachments into City right-of-way, as 33 shown on Exhibits A, B & C, attached hereto and made a part hereof. 34 35 2. That the Encroachments are expressly subject to those terms, conditions 36 and criteria contained in that certain encroachment agreement between the City of 37 Virginia Beach and the Owners (the "Agreement"). 38 39 3. That the City Manager or his authorized designee is hereby authorized to 40 execute the Agreement, and such other terms, conditions and modifications as may be 41 acceptable to the City Manager and in a form deemed satisfactory by the City. 42 43 4. That this Ordinance shall not be in effect until such time as the Owners 44 and the City Manager or his authorized designee execute the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2015. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 00,/ / , Jn6-y-etAlC1•lic Warks / 'eaI Estate CityAttorney Y APPROVED AS TO CONTENT i Economic Development CA13191 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D004\P018\00188303.doc R-1 March 4, 2015 Y o < cn of _ 6 E. 8�& Z � 4 a ca.)) � U c�i'caO 4solit ii 5=.fir W O v pp 1= .; ,ti e. boy 3 CIL L1 i` y=> (NNVH)f6/£90tlN-3NOZ HLf1050 < E 3 p n Q W .° (� 4 8 U y N315AS 31VNga000 3NYId 3LY1S tllNgaN o N 8 O (,A •F w 3 Cq y•� ed IE ,= Ol ° e g N I 8 7 'CO 8-E P4 x r: N N - i d 3 S 113Z51.1'S'8'N —— —— 8. 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'-5 F 1 .7,1M/NOLI(2,ILLSdOO $ 3' �ii333 n N VIRGINIA STATE PLANE COORDINATE SYSTEM 0 • • SOUTH ZONE-NAD83/93(HARN) On PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this 23`d day of January, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor", "City"; and TCA BLOCK 11 APARTMENTS, LLC, a Virginia limited liability company ("TCA 11 Apartments"),TCA BLOCK 11 OFFICE, LLC, a Virginia limited liability company ("TCA 11 Office"), and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC., a Virginia corporation (the "Association"), "Grantee", even though more than one. WITNESSETH: WHEREAS Town Center Associates 11, L.L.C., a Virginia limited liability company ("TCA 11"), was the Declarant under that certain Declaration of Condominium of Town Center Condominium 11 dated as of April 18, 2013, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 20130426000481700, and related instruments, as same may be amended from time to time (the "Condominium Instruments") pursuant to which the condominium known as "Town Center Condominium 11" (the "Condominium") was created on Town Center Block 11A; TCA 11 has conveyed all of the Units in the Condominium to various entities, and pursuant to that certain Assignment of Declarant Rights dated July 3, 2013, recorded in the Clerk's Office as Instrument No. 20130731000902490 (the "Assignment"), TCA 11 assigned to TCA Block 11 Garage, GPIN: 1477-54-8537-0000 (Town Center Block 11A) 1477-54-8537-2000 (Retail Unit) 1477-54-8537-3000 (Apartments Unit) (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) LLC, a Virginia limited liability company, the Declarant Rights, as such rights are defined in the Assignment; TCA 11 Apartments is the owner of the "Apartments Unit" in the Condominium; and TCA 11 Office is the owner of the "Retail Unit" in the Condominium (the "Grantee Property"); WHEREAS, the Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Condominium and which is empowered to execute agreements for services for the Condominium; WHEREAS, the owners of the Apartments Unit and the Retail Unit and others (other than the Association) have constructed the condominium building (the "Building") that includes certain structures attached to the Apartments Unit and/or the Retail Unit which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the rights-of-way for Main Street, Constitution Drive and Columbus Street (all areas on which the Temporary Encroachments (as defined below) exist shall be collectively referred to herein as the "Encroachment Areas"), which encroachments consist solely of the following: (i) multiple canopy and awning encroachments, the locations of which are on the northern side of the Building along Main Street and more particularly shown as "METAL CANOPY" and "FRAME/METAL AWNING" on Exhibit A attached hereto (the "Main Street Encroachments"); (ii) multiple canopy and awning encroachments, the locations of which are at the northeastern corner of the Building and along Constitution Drive and more particularly shown as "METAL CANOPY" and "FRAME/METAL AWNING" on Exhibit B attached hereto (the "Constitution Drive Encroachments"); (iii) multiple canopy and awning encroachments, the locations of which are at the southeastern corner of the Building and along 2 Columbus Street and more particularly shown as "METAL CANOPY" and "FRAME/METAL AWNING" on Exhibit C attached hereto (the "Columbus Street Canopies"); and (iv) a building architectural feature encroachment (the "Building Architectural Feature Encroachment"), the location of which is at the southeastern corner of the Building and more particularly shown as "BUILDING ARCHITECTURAL FEATURE" on Exhibit C attached hereto (the "Architectural Feature Encroachment"). The Main Street Encroachments, the Constitution Drive Encroachments, the Columbus Street Encroachments and the Architectural Feature Encroachment are referred to herein as the "Temporary Encroachments". WHEREAS, the owners of the Apartments Unit and the Retail Unit desire, and the City has agreed to permit the owners of the Apartments Unit and the Retail Unit, to temporarily retain the Temporary Encroachments in their respective Encroachment Areas subject to terms of this Agreement; 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee, to the extent of their respective interests in the Temporary Encroachments under the Condominium Instruments, temporary permission to retain and use the Temporary Encroachments in their present "AS-IS" conditions and locations. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be 3 constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal, to the extent of their respective interests in the Temporary Encroachments. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense, to the extent of their respective interests in the Temporary Encroachments. It is further expressly understood and agreed that the Grantee, to the extent of their respective interests in the Temporary Encroachments, shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the 4 maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a 5 bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the owners of the Apartments Unit and the Retail Unit must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments attached to their respective Units, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The owners of the Apartments Unit and the Retail Unit also agree to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments attached to their respective Units. The owners of the Apartments Unit and the Retail Unit 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 such insurance policies. The Grantee, to the extent of their respective interests in the Temporary Encroachments, assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the owners of the Apartments Unit and the Retail Unit must submit for review and approval, a survey of the Encroachment Areas related to the Temporary Encroachments attached to their respective Units, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of such Temporary Encroachments sealed by a 6 II registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the owners of the Apartments Unit and the Retail Unit, as applicable, 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 Encroachments; and pending such removal, the City may charge the owners of the Apartments Unit and the Retail Unit, as applicable, for the use of the respective Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the owners of the Apartments Unit or the Retail Unit; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The Association executes this Agreement for the purposes of acknowledging its requirements and, to the extent it has or may have any obligations hereunder pursuant to the Condominium Instruments, accepting responsibility for same. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Apartments Unit or the Retail Unit, the rights and obligations of the owner(s) of the Apartments Unit or the Retail Unit, as applicable, hereunder shall transfer automatically to the transferee of the Apartments Unit or the Retail Unit, as applicable, and the 7 I II transferor of the Apartments Unit or the Retail Unit, as applicable, shall be released from all liability arising from facts or circumstances arising after the date of recordation of the deed transferring the Apartments Unit or the Retail Unit, as applicable. IN WITNESS WHEREOF, each Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. 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, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 8 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 9 TCA BLOCK 11 APARTMENTS, LLC, a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: >1'\_._y--- Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: n,zr The foregoing instrument was acknowledged before me this o(-/ day of j2a , 2015, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of TCA Block 11 Apartments, LLC, a Virginia limited liability company. I Notary Public Notary Registration Number: 1012 My Commission Expires: NO �/� •`Q.?.OS5 V�N����' 1 . p 0T ARY' • i•'; * REG #221082 MV GOMMISSO Z 0 C . EXPIRES 16. § '' � ',°NW311EALTN c o``N '''',11111110' 10 TCA BLOCK 11 OFFICE, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: >4)N-- Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Q?cif day of J3n0 , 2015, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of TCA Block 11 Office, LLC, a Virginia limited liability company. Notary Public Notary Registration Number: t> c 21 � �eeee �e `t�ocPpSS VIN�F •, My Commission Expires: If �` Rj ���N �c ' PVOL 2•'•.� SEG' oss\off' z s ' sttiile1eeeee 11 TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC., a Virginia corporation By: - Louis S. Haddad, President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: V - The foregoing instrument was acknowledged before me this 620 day of JiJJ1(Lj. 9 , 2015, by Louis S. Haddad, President, on behalf of Town Center Condominium 11 Owners Association, Inc., a Virginia c p ration. Notary Public Notary Registration Number: 2Uofd- „%%; (�J�, l7( o Hoss04/0, My Commission Expires: NOTARY.••. F % Off; PUBLIC '.2•A * REG. #221082 1 * • MY COMMISSION • off'. 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RIGHT OF WAY {. —— FACE OF BUILDING —— 13 I d .U2 IF e �e 7E5 N q I y i f §sEl v to((yy 1. o I C.41 a 000 ,.. rExt� b�� nc < � s : $ a i it _C j % -4n : a & i 1 V. i n > f s I l r .rAe4 ,C,4,1aa y' g S I5A, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate Additional Funds to the FY 2014-15 Operating Budget of the Virginia Beach Sheriff's Office and to Adjust the Sheriff's Budget to Reflect Underperforming Revenues MEETING DATE: March 17, 2015 • Background: The Virginia Beach Sheriff's Office (VBSO) requires additional funding as a result of medical contract expenses, annual and sick leave payouts, and projected shortfalls of revenues used to fund the VBSO budget for operations. The new medical contract anticipated to take effect May 1, 2015 results in the need for $1,262,100 of additional appropriations. The payout of annual and sick leave for personnel retirements, resignations, and dismissals results in the need for an additional $564,400. And projected shortfalls from under-performing fees, federal reimbursement, and less than anticipated fund balance in the Sheriff's Office Special Revenue Fund, which was used to fund the existing budget results in the need for an additional $1,204,500. The combined identified needs total $3,031,000. • Considerations: The additional $3,031,000 needed can be provided by an appropriation from fund balance of the General Fund. The funds are to be first appropriated in the General Fund and, then, transferred to the Sheriff's Office Special Revenue Fund. The additional $1,262,100 for the medical contract and $564,400 for leave payouts will increase the Sheriff's FY 2014-15 Operating Budget appropriations by $1,826,500. The remaining $1,204,500 will be used to offset projected revenue shortfalls in the various under-performing revenues. As a result of this action, it is anticipated that the VBSO will have sufficient funding to cover all remaining expenditures through the end of the current fiscal year. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Spreadsheet of Projected Shortfall Recommended Action: Approval Submitting Department/Agency: Sheriff's Office City Mana k Projected Shortfall In Sheriff's Office FY 2015 Operating Budget Medical Contract Shortfall Appropriations- FY 2015 Medical Contract $ 3,550,000 Less: Current Contract- 10 months expenditures 2,948,766 Less: Pharmacy Billings-10 months expenditures 980,000 Less: New Contract-2 months expenditures 883,334 $ 1,262,100 Leave Payout Annual and Sick Leave Payout $ 524,288 Fringes 40,112 564,400 Projected Revenue Shortfall High Constable Fees (Original Estimate: $550,000; Revised Estimate: $425,000) $ 125,000 Court Security Fees (Original Estimate: $675,000; Revised Estimate: $549,000) 126,000 Jail Cost-Federal Reimbursement (Original Estimate: ($602,250; Revised Estimate: $252,250) 350,000 Sheriff's Weekender Fees (Original Estimate: $217,109; Revised Estimate: $97,109) 120,000 Inmate Per Diem Fee (Original Estimate: $400,000; Revised Estimate: $320,000) 80,000 Criminal Justice Academy Training (Original Estimate: $407,000; Revised Estimate: $282,000) 125,000 Fund Balance Shortall (Original Amount: $575,000; Revised Amount: $296,500) 278,500 1,204,500 Total Projected Shortfall for FY 2015 $ 3,031,000 1 AN ORDINANCE TO APPROPRIATE ADDITIONAL 2 FUNDS TO THE FY 2014-15 OPERATING BUDGET 3 OF THE VIRGINIA BEACH SHERIFF'S OFFICE AND 4 TO ADJUST THE SHERIFF'S BUDGET TO REFLECT 5 UNDERPERFORMING REVENUES 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 1. That $1,826,500 is hereby appropriated from the fund balance of the 11 General Fund, with revenue from fund reserves increased accordingly, and transferred 12 to the Sheriff's Office Special Revenue Fund to fund additional costs related to medical 13 contract expenses and annual and sick leave payouts; 14 15 2. That $1,204,500 of previously appropriated funds is hereby reduced to 16 reflect under-performance of revenues anticipated in the FY 2014-15 Operating Budget; 17 and 18 19 3. That $1,204,500 is hereby appropriated from the fund balance of the 20 General Fund, with revenue from fund reserves increased accordingly, and transferred 21 to the Sheriff's Office Special Revenue Fund to replace those appropriations and 22 revenues reduced in Paragraph 2, supra. 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 .City-A s Office CA13295 R-1 March 3, 2015 J. PLANNING 1. Ordinance to AMEND Sections 111, 230, 901 and 1001of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code re Craft Distilleries as a Conditional Use RECOMMENDATION APPROVAL 2. CROWN CASTLE USA, INC. re Relocation of a Nonconforming Structure (communication tower) on an easement at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6—BEACH 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 4. CHESAPEAKE BAY DISTILLERY, LLC/HOTLINE ENTERPRISES,LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 5. 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 Boulevard and Corporate Landing Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 6. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit (Indoor Commercial Recreation-Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 7. 5073 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit (motor vehicle repair) at 245 Pennsylvania Avenue DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 8. TAKE 5 OIL CHANGE, LLC /1928 LASKIN RD, LLC for a Conditional Use Permit(motor vehicle repair) at 1928 Laskin Road DISTRICT 6—BEACH STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 9. Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots: a. BH INVESTORS /ROBERT S. LINDSLEY,JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY,JR at 936 Lindsley Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION APPROVAL b. RICHARD S. and JUDY L. FOSTER at 3344 Eagle Nest Point DISTRICT 5.- LYNNHAVEN RECOMMENDATION APPROVAL 10. 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 11. 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 12. 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 INOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday,March 17,2015 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 4—BAYSIDE PEMBROKE SQUARE ASSOCIATES,LLC Application:Conditional Use Permit(Indoor Commercial Recreation Facility)at 4554 Virginia Beach Blvd(GPIN 1477562034) 5073 VIRGINIA BEACH BOULEVARD,LLC Application:Conditional Use Permit(motor vehicle repair)at 245 Pennsylvania Avenue(GPIN 1467859257). DISTRICT 6—BEACH CHESAPEAKE BAY DISTILLERY, LLC HOTLINE ENTERPRISES, LLC Application: Conditional Use Permit (Craft Distillery)at 437 Virginia Beach Blvd(GPINs 2427065699;2427065658) 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) TAKE 5 OIL CHANGE, LLC 1928 LASKIN RD, LLC Application: Conditional Use Permit (motor vehicle repair) at 1928 Laskin Road(GPIN 2407474991) DISTRICTI—CENTERVILLE ALEXANDRIA PLACE, LLC c/o HAV Application: Conditional Change of Zoning(A-12 Apartment to Conditional A-24 Apartment)at 5700 Magnolia Chase Way(GPIN 1454883083). DISTRICT 5—LYNN HAVEN BH INVESTORS,ROBERT S.LINDSLEY,JR.,EX.OF THE ESTATE OF EDWIN B.LINDSLEY,JR.Application: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) at 936 Lindsley Drive and between 937 and 945 Covey Street(GPIN 2408718599) RICHARD S.&JUDY L.FOSTER Application: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 at 3344 Eagle Nest Point(GPINs 1489901705 and 1489903824). DISTRICT 7-PRINCESS ANNE NVR, INC., MUNDEN FARM, LLC,Application: 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 CROWN CASTLE USA,INC.—Application:Alteration to a Nonconforming Structure(communication tower).Located on an easement on the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333;1474952149;1474952088;1474943936) VIRGINIA BEACH DEVELOPMENT AUTHORITY Application: 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). COUNCIL DISTRICT—ROSE HALL MONARCH PROPERTIES, INC.Application: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). 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 13-3 Central Business District,the B-4C Central Business Mixed Use District,the I-1 Light Industrial District,and the OR Oceanfront Resort District. All interested parties invited to attend. Ruth Hod e ser,MMC City Cler 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 March 1&8,2015 24540025 c roeft:% fg( , t!.; i1 ,;ti,-r r 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: March 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: 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. i\I Submitting Department/Agency: Planning Department qi City Manager: L...,71:7-(71._ 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 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 meals 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)(2) 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, There 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 (€)(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 4 155 "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 B-1 8-1a 8-2 8-3 B-4 B-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, subiect 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 1-2 193 194 5 I 195 Craft distilleries, subject 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. 6 234 235 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 7 264 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 265 266 267 � .1� / 2enJ 268 Mgr_ i 269 Plari r iV!i!.artment City Attorney's Office 270 271 272 CA-13239 273 January 12, 2015 274 R-6 8 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. r _ __ 1 N ... {A ' .if r__,... 41/4494'•4 C(-\L-.-,3 AlAl EN Cie C/-- ez' I',. al c ,-.„,/ititd,4 j ... dill '4 le o pv Ut Crir) 2 41. = . 0 0 , ,o. :er<"/:_.."'l1 Alii,. : , .50,0., ,....„ , T Li) cro 1 f_,_, t__, ../. ..., 4c 411* Irat ci ,... s :. C r, 10; 15Lo L �` c *45 CC Ea CI Q C O w i h M4 , � o u 71 0 Ir. in 7 wA I II 401, ,uSj t` CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Relocation of a Nonconforming Structure Located on an easement within the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333; 1474952149; 1474952088; 1474943936). PRINCESS ANNE DISTRICT. MEETING DATE: March 17, 2015 • Background: The applicant proposes to replace an existing 285-foot high guyed-wire communications tower with a replacement 270-foot high communications tower. The replacement process will include the installation of a 200-foot high temporary free-standing monopole during the construction process for the guyed-wire tower's replacement. The existing tower does not meet the setback requirement of Section 232 of the City Zoning Ordinance pertaining to communication towers, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet. Also, one dwelling on nearby Tartan Trail has an existing setback of 352 feet, and therefore does not meet the 356.25-foot required tower setback. Given that these residential setbacks are below the minimum required, the existing tower is non-conforming. Accordingly, the proposed replacement of the existing tower through the construction of a new tower requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council. This item was deferred by the City Council, at the request of the applicant, on August 18, 2014. Previous deferrals occurred during 2014 on July 8, May 27, April 8, and March 11. • Considerations: On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280-foot communications tower on a site located within the rear of yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280-foot communications tower on the four lots. On July CROWN CASTLE Page 2 of 2 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. When the existing tower and the later single-family homes were constructed, there were minimal zoning requirements concerning communication tower facilities. Since then, the Zoning Ordinance has been amended to require a Conditional Use Permit for new wireless communication facilities. Section 232 provides the standards that such facilities must meet. Those standards include a requirement that a tower associated with a wireless communication facility have a setback from any residential structure equal to 125 percent of the height of the tower. The existing tower is structurally unsound as a result of faulty welding, which was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of additional antennas. The applicant indicates that the structural problems cannot be corrected, and thus, replacement of the tower is the only alternative. In order to maintain wireless service during the demolition of the existing tower and the construction of the replacement tower, a 200-foot high freestanding monopole tower will be constructed on the site. The applicant's representative provided a construction schedule for the tower replacement, which is provided on page two of the attached staff report. Additional details pertaining to this proposal, as well as staffs evaluation, are provided in the attached staff report. • Recommendations: Based on the fact that the proposed tower meets, with the exception of the setback issue, the standards of Section 232 for Communication Towers, the fact that the applicant and the community have worked extensively to find a solution, as well as the fact that the existing tower is in such a state of disrepair that it is an immediate hazard to the surrounding area, staff finds that approval of this request is appropriate. The proposed replacement of the existing tower with a new tower as proposed is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Approval of this request with the following conditions is recommended: 1. The subject site and tower shall be developed substantially in accordance with the submitted plan documents marked "Preliminary" and dated 3/9/15 (Rev. D), Site Name: Virginia Beach (Salem Road), Site Address 2231 Meadow Ridge Road, Virginia Beach, Virginia 23456, Sheets Z-1, C-2 and C-3 and prepared by FDH Engineering Innovation. Said plan documents I 1 CROWN CASTLE Page 3of2 have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The access road shall be gated and locked to prevent unauthorized use, additional drainage measures shall be employed, and the road's crush and run shall be repaired after construction. 3. The compound and the surrounding area shall be maintained free of debris. 4. The older equipment building facing the homes on Meadow Ridge Lane shall be pressure washed and repaired. 5. The height of the tower shall not be increased from two hundred seventy (270) feet, unless such increase is expressly approved by the City Council. • Attachments: Location Map Staff Review and Disclosure Statements Resolution Recommended Action: Staff recommends approval with onditions Submitting Department/Agency: Planning Departmen City Manager: \I- • Nor/ I PRINCESS ANNE March 17, 2015 ;2gorifti Crown Castle USA,Inc. City Council H 4.,. ' ; .` ,Ria - ;R15 APPLICANTearing: ../ CROWN CASTLE R15 , _' ....__ ..._,_ USA, INC. R1 } i^, , R15* R15* ; * �' ' \' R15 (r! u� + ) •Zoning**c.,,. .,.v,sr,,p.,s,.a Premie. Non-Conforming Use REQUEST: Relocation of a Nonconforming Structure ADDRESS/DESCRIPTION: Easements located in the rear portion of lots located at 2225, 2229, 2233, and 2237 Meadow Ridge Lane GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 1474952333; 147492149; PRINCESS ANNE 4.47 Acres Less than 65 dB DNL 1474952088; 1474943936 1.069 Acres (easement area) APPLICATION HISTORY: This item was deferred by the City Council, at the request of the applicant, on August 18, 2014. Previous deferrals occurred during 2014 on July 8, May 27, April 8, and March 11. 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to replace an existing 285-foot high guyed-wire communications tower with a replacement 270-foot high communications tower. The replacement process will include the installation of a 200-foot high temporary free-standing monopole during the construction process for the guyed-wire tower's replacement. The existing tower does not meet the setback requirement of Section 232 of the City Zoning Ordinance pertaining to communication towers, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet. Also, one dwelling on nearby Tartan Trail has an existing setback of 352 feet, and therefore does not meet the 356.25-foot required tower setback. Given that these residential setbacks are below the minimum required, the existing tower is non-conforming. Accordingly, the proposed replacement of the existing CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 1 i I tower through the construction of a new tower requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council. The subject site contains four lots that were plated in 1952. The existing zoning of the site is AG-1 Agricultural District. The combined area of the four lots is 4.47 acres. On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280-foot communications tower on a site located within the rear yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280-foot communications tower on the four lots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single- family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. In addition to the four single-family homes and the 285-foot high guyed-wire communications tower, there are also numerous equipment shelters and support equipment for the existing tower located within and outside of a compound area enclosed by a chain-link fence. The existing tower is structurally unsound as a result of faulty welding, which was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of additional antennas. The applicant indicates that the structural problems cannot be corrected, and thus, replacement of the tower is the only alternative. When the existing tower and the later single-family homes were constructed, there were minimal zoning requirements concerning communication tower facilities. Since then, the Zoning Ordinance has been amended to require a Conditional Use Permit for new wireless communication facilities. Section 232 provides the standards that such facilities must meet. Those standards include a requirement that a tower associated with a wireless communication facility have a setback from any residential structure equal to 125 percent of the height of the tower. The applicant's new replacement tower will be constructed 32 feet farther away from the dwellings on Meadow Ridge Lane than the location of the current tower. The new tower will also be reduced in height by 10 feet from the existing tower's approved height of 280 feet. The applicant will reconstruct the tower to a height of 270 feet; however, regardless of the reduction in height from 285 feet to 270 feet, the replacement tower will still not meet the 125 percent residential setback requirement for four of the five dwellings in proximity to the tower. In order to maintain wireless service during the demolition of the existing tower and the construction of the replacement tower, a 200-foot high freestanding monopole tower will be constructed on the site. The applicant's representative has provided the following construction schedule for the tower replacement: • 2 to 3 days—Drill a hole in the ground, set the base, and stack the temporary tower; • 5 to 7 days — Install antennas on the temporary tower and run coaxial cable from the existing base station equipment to the temporary tower; • 1 to 2 days — Disconnect the coaxial cable from the antennas of the wireless carriers on the existing tower, user by user, and reconnect them to the antennas on the temporary tower; • 3 to 4 weeks — Remove antennas and coaxial cable from the existing tower, starting at the top, and then, completely dismantle the existing tower; • 4 weeks — Build the replacement tower, including guyed wires and anchors in the same location, and reinstall antennas and coaxial cable; CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 2 • 2 to 3 days — Disconnect the coaxial cable from the antennas on the temporary tower, user by user, and reconnect them to the antennas on the replacement tower; • 2 to 3 days—Dismantle and remove the temporary tower and back fill and compress the soil; and • 2 weeks—Repair the fencing and access road and clean-up the site. Based on the replacement tower's 270-foot height, the minimum required setback is 337.5 feet, whereas the 200-foot high temporary monopole will have a minimum required setback of 250 feet. The required, existing, and proposed setback distances to the existing dwellings are included in the chart below. 2231 Meadow Ridge Lane Communication Tower Residential Setbacks Required Residential Setbacks Existing 285'Tower Proposed Replacement Proposed Temporary 270'high tower 200'high monopole 356.25' 337.5' 250' Existing and Proposed Residential Setbacks 2225 Meadow Ridge Lane(Lot 20) 215'(existing) 242' 271' 2229 Meadow Ridge Lane(Lot 19) 180'(existing) 212' 230' 2233 Meadow Ridge Lane(Lot 18) 187'(existing) 219' 238' 2237 Meadow Ridge Lane(Lot 17) 251'(existing) 279' 276' 3064 Tartan Trail 352'(existing) 363' 388' The applicant has provided a letter from a professional engineer licensed in the Commonwealth of Virginia indicating that the temporary and replacement towers will be designed for a nominal 3-second gust wind speed of 115mph,which exceeds the requirements of both the current and forthcoming versions of the Virginia Statewide Building Code. • • EVALUATION AND RECOMMENDATION The existing tower was constructed prior to the single-family dwellings that front on Meadow Ridge Lane, prior to the requirement in Section 232 of the Zoning Ordinance for a minimum setback for a tower to a residential structure of 125 percent of the height of the tower. The existing tower does not meet the 125 percent setback requirement; therefore, the tower is nonconforming with regard to this setback. Accordingly, the replacement of the existing tower through the construction of a new tower in approximately the same location (32 farther back from the houses) requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council for the replacement of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. The applicant proposes to replace the existing tower with a new tower located approximately 32 feet farther from the adjacent houses and 10 feet lower than the previously approved tower height. Even though the new location is farther from the existing dwellings and the height is reduced, the proposed tower will still not meet the required 125 percent setback requirement from the existing residential CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 3 i I structures. Based on a tower height of 270 feet, a 337.5-foot setback is required. The proposed tower location will result in a setback from the existing dwellings ranging from a minimum of 212 feet to a maximum of 363 feet, and the new tower will not conform to the minimum setback required between a tower and residential structure for four of the surrounding five residences. Of importance, however, is that the new tower will lessen the degree of nonconformity of the existing tower by increasing the setback such that one home will exceed the 125 percent requirement. Based on the fact that fact that the existing tower is in such a state of disrepair that it is an immediate hazard to the surrounding area, staff finds that the proposed replacement of the existing tower with a new tower with an increased residential setback and of a lower height is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Also, the proposed temporary monopole is reasonable and will allow some wireless providers to maintain service during the permanent tower's replacement. Staff, therefore, recommends approval of this request with the conditions below. 1 0 CONDITIONS 1. The subject site and tower shall be developed substantially in accordance with the submitted plan documents marked"Preliminary" and dated 3/9/15 (Rev. D), Site Name: Virginia Beach (Salem Road), Site Address 2231 Meadow Ridge Road, Virginia Beach, Virginia 23456, Sheets Z-1, C-2 and C-3 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The access road shall be gated and locked to prevent unauthorized use, additional drainage measures shall be employed, and the road's crush and run shall be repaired after construction. 3. The compound and the surrounding area shall be maintained free of debris. 4. The older equipment building facing the homes on Meadow Ridge Lane shall be pressure washed and repaired. 5. The height of the tower shall not be increased from two hundred seventy(270)feet, unless such increase is expressly approved by the City Council. CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED) concepts and strategies as they pertain to this site. CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 5 M �� b z 6 - ,Yv f , '7` w •. 74 . Ill fi t Y F 'i ' \ 4 r r c-=z4 d '� ::'.,7, *. 1, .,?.,,„ ,.,... t o ^ a 11;i `§ A l rE'. ;;L ° tI x t 4 4.;,;‘," 't. 1114-_f.A \\\ f {�. " s.t�,, �. k, +� t41.. •`Ya• ...4-."'fir-4> it �i + >;i i ,i • • ��� �'l �'�`t�s6',t11/41-,.1':--: K4'..: �. .. ,--"..- -4........„..i,--„,,-.,, „,.-..,,, .. -- , " � 13�" �s': "°°�,'7, t •� ,�•� �. ,=',„7,-•„,',•° 7 )• ,,, ,$iive.''''' ,''''''!-"'"', --.4:, -", -; , ' t&• r. , 2 k ' i 1,,,,,, ./..„,..,,....„,,, -..,,_„„ ,,..,,,:::,;„. , ..,,,,„:„ •;„..„,,,,.., .,.. . ,,,,,,,,„,....„,„ -:::,_ ,,...- 7,-,-P-' ' . 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March 17, 2015 CITY COUNCIL HEARING Page 8 1 idi i lipn- a ! w 4- I V 1 S S SS V Teri; 1 N 1 C a h i i 111 4 ii — 14 •.::i• �bdYP y ast. ;b1 it r 1€ £pil IPI ii //a ��'3 `�M �,� ft h, IIIIII gli /I/ iwil 111 44k..\:Ntiltlk b d lit II / y / 'w.4 MVP `�Y I7 ,., ,/ , N ..... \ `� 1�� Vice,„ �� g,.. ,.. , , .,,,,, ,,, • ,......„,„, ., ,...„ , .,„. ,,., I/ /� .- 6.' oil,�`tt*Vtt N A �i 11111101 V / / P+414* ����A'Q"* �•.�``..� ate.. i .fid fi t� �aotee��aaa. �/ �Qo a+i��+� .00ay.�► _ +ct SiGt / / i'' 8/ P bil 1 1! lb il'i : ';: lig p Y PROPOSED COMPOUND LAYOUT AND TEMPORARY TOWER ELEVATION CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 9 I DoE: ' 'x Oil 1 EF . 1db - C — sC' w. yF v/ 111 skei « ��d 1icg f gik!; 1a'95 n k. b ' n 'b . 6;' h V_, '.'Z 6ii 4! 5 et iv F,O-pti*WM I0MO1 OMISK§ 2. x « ks � S 4 ntl � � 6 - « e � b « c Nn.. b n b b nb4b b bg' n o f 11 —.—. -.._. :A-air:aram mat OMWn EXISTING AND PROPOSED TOWER ELEVATIONS CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 10 II PRINCESS ANNE Map F-12 Crown Castle LISA, Inc. Ma Not to Scale .--‘,/ . �� �t `3---,, 11,-' o rR15 / 43r. a 0111,70 c, ,,, 4 a • tr c R15 A .--c. 0, Adoiih,.' (-,- L ! �� AG >.>�..� �� Rfi i ,o i gble 41>, r çT ;\ f/ errOr' R15* R15* AI* Q z - p' R15 . V 40% Zoning with Conditions/Proffers.Open Space Promotion Non-Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 12/13/1982 Conditional Use Permit(communications tower) Approved 08/20/1984 Conditional Use Permit(communications tower) Approved 07/11/1995 Modification to Conditional Use Permit(allow single-family homes in Approved addition to a communications tower) 2 09/10/2002 Conditional Use Permit(open space promotion) Approved 3 05/09/2000 Subdivision Variance(minimum lot width) Approved 4 12/12/1988 Conditional Use Permit(open space promotion) Approved CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: i 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Crown Castle USA Inc. (See attached.) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Crown Castle International Corp. (parent); list of affiliated business entities is attached. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other I unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 &2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 12 1 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) FDH, Geoline Surveying, Inc., LeClairRyan, Murphy Geomatics&Tower Engineering Professionals ' "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification(postcard)that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 111, 641 Ap• cant's Signature / Print Name 4 II • Property Owner's Signature(if different than applicant) Print Name DISCLOSURE STATEMENT CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 13 • • I Corp.Subsidiaries of Crown Castlenternaua a Page I of I EX-21 4 dex2l.htm SUBSIDIARIES OF CROWN CASTLE INTERNATIONAL CORP. EXHIBIT 21 CROWN CASTLE INTERNATIONAL CORP.SUBSIDIARIES Jurisdktton or SubU dian Incorporation CC Castle International LLC Delaware CC Towers Guarantor LLC Delaware CC Towers Holding LLC Delaware CCGS HDelaware oldings LLC Crown Atlantic Company LLC Delaware Crown Castle Atlantic LLC Delaware Crown Castle Australia Holdings Pty Limited Australia Crown Castle Australia Ply Ltd(f/k/a CCAL Towers Pty Ltd.) Australia Crown Castle CA Corp. Delaware Crown Castle GT Company LLC Delaware Crown Castle GT Corp. Delaware Crown Castle GT Holding Sub LLC Delaware Crown Castle Investment Corp. Delaware Crown Castle MU LLC Delaware Crown Castle Operating Company(f/Ida Crown Castle USA Holdings Company) Delaware Crown Castle Operating LLC Delaware Crown Castle PT Inc. Delaware Crown Castle South LLC Delaware Crown Castle Towers 05 LLC Delaware Crown Castle Towers LLC Delaware Crown Castle USA Inc.(f/k/a Crown Network Systems,Inc.) Pennsylvania Crown Communication Inc.(d/b/a/Crown Communications,CrownCom) Delaware Global Signal Acquisitions II LLC Delaware Global Signal Acquisitions Ill LLC Delaware Global Signal Acquisitions IV LLC Delaware Global Signal GP LLC Delaware Global Signal Holdings Ill LLC Delaware Global Signal Holdings V LLC Delaware Global Signal Operating Partnership,LP Delaware Pinnacle Towers Acquisition LLC Delaware Pinnacle Towers Acquisitions Holdings LLC Delaware Pinnacle Towers LLC Delaware http://www.sec.gov/Archives/edgar/containers/fix039/1051470/000119312509039126/de... 11/26/2013 DISCLOSURE STATEMENT • CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 14 II ii I Crown Castle International-'-vestors-Management Team Page 1 of 2 �. Honig I Investors I t.ottlusa Us I Careers I )intro to CCN il.., Site Leasing I Tower le Rooftop Development I DAS I Site Developm111 ern Services I Landowners I Rooftop owners I ►g:4BilO tnuastor Home INveSTORS Investor Faros Management Team Corporate P,ubie .Benjamin Moreland was appointed Crown Castle's President and Chief xecutive Officer in July 2008.Poor to this appointment,he served as Press Releases Town Castle's Executive Vice President and Chief Financial Officer,from pril 2000.Prior to that he served as Senior Vice President and Treasurer of rown Castle and its domestic subsidiaries from October 1999,Mr. webc:asts Moreland Joined Crown Castle following S 1 years with Chase Manhattan Bank,primarily in corporate finance and real estate investment banking. since Information Annual a Quarterly Reports CC Holdings GS V It C Repay, amen D.Young was appointed Chief Operating Officer in February 7009. nor to this appointment,he served as President,U.S.Tower Operations Latest Eemmos rote October 2005.He Is responsible for the management of all operational oups Including the four Areas,Property Management,Operations,Service Proxy Stetenrnt Delivery,Performance Improvement,Information Technology,and National ite Development.Mr.Young also sits on the Board of Directors for Crown Calendar or Events astle's business in Australia.With more than 21 years of experience in the elecom Industry,Mr.Young has served in several key capacities for various • Management Team rgaeieations.Prior to Joining Crown Castle,he served as the Northeast again Vice President of Network Operations for Spnnt/Nexlel,before that pending several years with GTE in a variety of leadership positions across Corporate Governance multiple disciplines. ZapA.Brown was apponted Senior Vice President,Chief Financial Officer nd Treasurer of Crown Castle in July 2008.Prior to that,Mr.Brown served as Treasurer of Crown Castle from May 2004.Since joining Crown Castle in ugust 1999,he has served in a number of positions in corporate evelopment and corporate finance.Prior to Joining Crown Castle,Mrrown worked for a start-up health care company and Arthur Andersen LLP. e is responsible for general corporate financing and compliance activities or Crown Castle.Mr.Brown is a Certified Public Accountant. RRBlake Hawk has been Executive vice President and General Counsel . Ince February 1999.Mr.Hawk was an attorney with Brown,Parker B hy,LLP in Houston,Texas from 1980 m 1999 and became a partner with firm in 1986.Mr.Hawk has been licensed as an attorney and a Certified ub Accountant since 1976. atrktk Slowey was appointed Senior Vice President of Sales and Chief Officer in 2012.Prior to this appointment,he served as Senior ice President of Sales and Customer Relations.Prior to that,he served as ice President of National Sales of Crown Castle USA.Mr.Slowey joined rown Castle in 2000 as Vice President of Business Development,Crown astle USA.Before Joining CCI,Mr.Slowey worked with the wireless arners Neste'and McCaw Communications(ATI Wireless),as well as Air roducts and Chemicals.In various Sales and Operations Management gnmmercial os..nons. http://www.crowncastle.com/investor/managementTeam.asp 11/25/201 DISCLOSURE STATEMENT $.---_,,;,31.A•BrA . CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 15 a.�~ ly',t,1.�. O 'w Y- NATtr, �aI Crown Castle International-'-westors-Management Team Page 2 of 2 n" Phil Netley was appointed Senior Vice President,Corporate De l.pment .and Strategy in September 2000.Pr t that appointment,f4 ■elley ,served as Managing Director of Crown Castle Austral a from May 2004 Before that he served as Vice Prescient of Crown Castle in toe US with f.6..r, WA:primary responsibility for the strateg,c onemght of Crown Castle's rtsubs diary companies and mergers and actipro tions efforts.Prior to wining 0Crown Castle international in AVIA of 1957,Phi was a financial analyst, N lion an asset manager with Archon Group,a wholly-owned subsidiary of '•Idman Sachs of New York.He graduated cum laude From Harvard niversity with a concentration in Econnm,cs. 1.. Sli,`Mtn 1 ferrn'a-r 'e. it;.:,i' e......,,,LX, http://www.crowneastle.corn/investor/managementTeam.asp 11/25/2013 DISCLOSURE STATEMENT CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 16 What financial institution(s)[bank,credit union,mortgage company,etc.]is or will have a financial interest in this project? (1) Source of financing for sale/lease or purchase of property: (Bank) w ,4-1/4 l I 'fit "`�` (2) Real Estate Broker "' (3) Lienholder/Collateral on the property: (4) Source of financing for project: )(t R� 1(_.4 Ltf Ci6 (5) If there have been any discussions with a financial institution with regarding to loans to be secured to finance any,,pact of this project,please provide the name of those institutions: (6) Contract Purchaser: (7) Ongoing relationship with any financial institution: A DISCLOSURE STATEMENT CROWN CASTLE USA, INC. March 17, 2015 CITY COUNCIL HEARING Page 17 i 11 1 A RESOLUTION AUTHORIZING THE 2 RELOCATION OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 2225, 2229, 2233 and 2237 MEADOW RIDGE 5 LANE 6 7 WHEREAS, Crown Castle USA, Inc. (hereinafter the "Applicant") has made 8 application to the City Council for authorization for the relocation of a nonconforming 9 communication tower located on an easement at 2225, 2229, 2233 and 2237 Meadow 10 Ridge Lane in the AG-1 Agricultural Zoning District; and 11 12 WHEREAS, the tower does not meet the setback requirements of Section 232 of 13 the City Zoning Ordinance, which requires a tower have a minimum setback from a 14 residential structure equivalent to 125 percent of the height of the tower. However, the 15 tower was constructed prior to the adoption of the applicable zoning regulation and is 16 therefore nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 19 of a nonconforming structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed structure, as relocated, 21 will be equally appropriate or more appropriate to the zoning district than is the existing 22 use; and 23 24 WHEREAS, the proposed tower, as reconstructed, will be located thirty-two (32) 25 feet farther away from the nearest residences than the current tower, and will be 26 reduced in height by ten (10) feet, to a height of two hundred seventy (270) feet; and 27 28 WHEREAS, the Applicant has waived, in writing, any claims to entitlement to 29 raise the height of the tower without the approval of the City Council that may be 30 otherwise allowed by regulations of the Federal Communications Commission to take 31 effect in April 2015; 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Council hereby finds that the proposed structure, as relocated, will 37 be equally appropriate to the district as is the existing nonconforming structure under 38 the conditions of approval set forth hereinbelow. 39 40 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 41 BEACH, VIRGINIA: 42 43 That the relocation of the nonconforming structure is hereby authorized, upon the 44 following conditions: 45 46 1. The subject site and tower shall be developed substantially in accordance 47 with the submitted plan documents marked "Preliminary" and dated 3/9/15 48 (Rev. D), Site Name: Virginia Beach (Salem Road), Site Address 2231 49 Meadow Ridge Road, Virginia Beach, Virginia 23456, Sheets Z-1, C-2 and 50 C-3 and prepared by FDH Engineering Innovation. Said plan documents 51 have been exhibited to the Virginia Beach City Council and are on file in 52 the Virginia Beach Planning Department. 53 54 2. The access road shall be gated and locked to prevent unauthorized use, 55 additional drainage measures shall be employed, and the road's crush 56 and run shall be repaired after construction. 57 58 3. The compound and the surrounding area shall be maintained free of 59 debris. 60 61 4. The older equipment building facing the homes on Meadow Ridge Lane 62 shall be pressure washed and repaired. 63 64 5. The height of the tower shall not be increased from two hundred seventy 65 (270)feet, unless such increase is expressly approved by the City Council Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Adf�"PA-:;III. --� 'Al dAliti4‘ 4/1 Plannilr! DIpartment City Attorney's Office CA12867 R-5 March 10, 2015 2 ci.) in 7141C-Iffill Ma"' ,------ : IP7-Ifir•rr tr:,- i-MIltrtri's 4, 1 gig...4p 4. i\ma 0.1 \ , . . -_-..,.. -..2• , el-. ,..„4„,. . r,iliall e% 1--_,_ -0---,-- ellOw7t•1 f ili .-..' tip- ." . .•110 ‘, ',_-_-_,Ir-- Arz--.0,-.:.. ,......„-irc: ..in, 16%.11 r, ,,,,,•10 ....... \ , ,,,_, • - solo) --_-.----- ;---(14,10-.- Ht_rf,---- • ri .. , ..,‘ _ .....,--__ AA •.. .- - C'lit Viitql Q. ____,T, • , = .. *No - .. ‘ , SO ' iFN is4'Pr er*.' tu .-,NA,,,i .11\z', ,., .. iii\-_--ttri. ,,-,- .--.1\ ,_ , Viks\ ',., ti1t.. ...,,::, 4**(4.. 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CO m ilt A / . ,_,..," 1 I i I E::„., . _ . ,... n, --: ,- i NN, -10::: ••ca PP /..... cke -:: . Pit, . ' ' ir i 0 44 '• Z5 -- i 1 ; 1 II Li ' Niebt**3 Aftnite N i I 1 um • zcti triumei , pir to. Ki , Mil -1 fil =.,_.-...• i':-.' g a I§ 1 trabIlh • 1 [ zc U BEi t +f 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: March 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 I 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 staff's 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 Staffs 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: I I I 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 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 I I I 1 BEACH 2 typ,►fi,� United States Management, f�`a(,iAk fu C.ak LLC....��1 - , , Fr .- IS 2 ` •.(: February 11, 2015 Public Hearing ,. 75 dB ' '•e 70-75 dB Ldn '' ORAPPLICANT:p ' ,_ 1. i \ _00.00, .. l'AVI liOR UNITED STATES ifto •_,_,„;z, 0 �,,:,_ oit #.....A... MANAGEMENT, LLC �\. ,�....-' . PROPERTY OWNER: i ''` Al2 * VOI ' CITY OF VIRGINIA . t,40ria �- ,�,z..... APZ2 �,, ' __ �lai"A. Aiken . t BEACH •'..,g Sa r.rs..w,n....q.,9au n...r Alternative 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/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 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. b ay a r' 1 t9th 5treeT paN110; „mw ARENA hor PP - AM .111.00.0 ommiiimP 100 17th Street , _- 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 located under the stairs leading up to the 2nd level concourse on the east side of the arena. A breezeway between the commercial space and the arena will allow pedestrian access to and through this area. 'i_,_,,L,- 1 I ' LI ' ' Illaglar ' I '- 1 i. . IIS v j11111.1.11111111 111 a f, t,Jb mss, k -- / ,o 4 , _7 c , 71' , r., ,,,...t,, uvi, r - ,F , 0 ' , '111, , i , 1 , 7 - .- , *',11 1 eii, \1/40 • ,., i„ .., ,, '' t ' 4I s,a_ 1�_ �rf:\r Proposed 25,000 sq.ft. * � - sa /: F `., independently operated lu� IMII��� restaurant/retail space 440•40.6 4440.64 11111.r* , 110 17th Street 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. e ` 47 I a` f . :lei �"+� 19th Street 4.w I E " 'j 011 11n ✓r 2 . ..... ,,. , .:,.. .., A ,_ !h" ir...4.... r,.... ., 2 :..__:-- 17th Street i_.... UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 4 i I � MEV Signs 1 and 2 (Freestanding) MEV Sign 3(building-mounted) SETBACK Minimum of 15 feet from property line (mounted on building—no setback) DISPLAY Two-sided(approximately 600 square feet) One-sided(approximately 800 to 1,200 square 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 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/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 ' Capacity) (Four-lane urban minor arterial) 27,400 ADT 1 (LOS 3"E") 22,800 ADT '(LOS 3"D"/ 19th Street 4,000 ADT ' Capacity) Existing Land Use 2-0 (Four-lane urban minor arterial) 27,400 ADT 1 (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 I (LOS 3"E") Parks Avenue 22,800 ADT '(LOS 3"D"/ (Four-lane collector arterial) 1,400 ADT 1 Capacity) 27,400 ADT (LOS 3"E") UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 5 Average Daily Trips 2 the proposed site is a parking lot 3 LOS= Level of Service PUBLIC WORKS/TRAFFIC ENGINEERING COMMENTS: 1. Traffic Engineering has worked with Kimley Horn throughout the development of the Preliminary Traffic Impact Study(TIS)and Parking Assessment°, 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, ,, 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 II Ii 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 structui 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. d Nc 2905, 12-2005.Ord No 2934 3-28-06.Ord.No 3006. 1-8-05 Oro Nc 3325 2-25-1 4, 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 bek 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 (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 :in: staff reviewed the Alternative Compliance Application submitted by USM, for which a 17 February vote by City Council is anticipated. The arena was found tomeet the requirements of the City's AICUZ Overlay Zoning Ordinance in March of 2114, and this application concerns technical Oceanfront Resort COP.) District Form Based Code issues not covered by the JRP. However, given the magnitude of the project, and the proximity of the structure to the airfield, the Virginia Beach staff expressed a desire t: keep the NAS Cceana staff informed of developments throughout the project. The appplication notes that USM has submitted a request for FAA height and :bstructi:n analysis. 4 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 • 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(17h 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 LI 1 ., w c ;;e!,<J. 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. • • 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 fagade 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 fagade. 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 I II I • 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 staff's 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 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. UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 12 I `! 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I. ti11 - 1 ip ------------- t /L1 �\\L T t,I1lHS 11S 1NIl H1IVW 0 1 U I m 1 < PROPOSED SITE PLAN (EASTERN HALF) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 18 40., R N o -p F ' v v O C O O -C c0 .. dA i 4) 0 N + ?.. Q C Y w u i ,,.i (i e , v .O Q 0-) e. '.1:1. '0 7 N Q C to a) ). Q O (O 7.) .-,' v t — T Y E E o - 1111r E v a h ,.; t v o_ a co O 1`! fi N. 4 4:4,' 4 g u I.. �"" 4 • C c �' w . o v 47" o . • p CD - Q) Ca CD 4/ E _O C a _ N D ON 0 v ON a+t L 0 M1 O N .11400.' i► CONCEPTUAL RENDERING (VIEW FROM SOUTHEAST) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 19 .I Ili r Xi t -P it , e N a , • ' N is Q c v. !� , , y i uui u 4 i' .0 IN;, ,N a) Hit 9, mlift + . n . .k cri c • i • -- a 1 «I 1N , . � � -0I CU a . N , 1N f O O ri 0 ,j r'. CONCEPTUAL RENDERING (EVENING VIEW FROM WEST) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 20 } 2 » t »: . . . Ate, TV 1114 2 : \ \l v • � > \ \ ! CONCEPTUAL RENDERING (EVENING VIEW FROM EAST) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 21 I ° '1 x • �l' • - y - - � �� - ' t .c ' - rte:}:. 1jii "Vo.:1\. T • j,•;I "�fj.} ' ' --„Al S:, , ,IliSIV.;,,.,„'.,.._, ,,,,r.,._,, ,.,,,. ..' _ ''- ----;-)i _ ,, / .i'!r, -1c--=-. '^'-. 14 �� _ 1 ' . a, h ,�� r, / � - , '/ Ili- _ i 1 m I , .w, • ii i i 1,, 9 i 1- - !'r` - . 'N' e" • , ' •` • ,� _ a 't ` -ems ` , ) ill ' ' ''''''' 1-L.-, lart*-litt,*- '..:-.1,1ri-. ,1 -j -:'.-' ,I..b.......:-.--:-........ .- . ,,,..ic, :.,:.,.:'..''',,i r _, I. CONCEPTUAL RENDERING (VIEW FROM EAST OF RETAIL/RESTAURANT SPACE) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 22 7.1--, i N ' 0 l 1 I rot I' 0■ mm let1 0 i roll ii . n 0r I_ 4 yi E I CO /ri C no W Y U _i Q U E m CO no r o 03) a CO 00 cnalal o a) cr w C _ O •OD U w ZO E CO L 7 O (n W F 0 Z > E = o ix_ a. m_ g >W 6 60 X in ao ��/ � C`; to Zi E Q QJ X 0 U O O c- CL V Q ro PROPOSED BUILDING TRANSECT (SHOWING HEIGHT) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 23 - 0 Ai S)ed '.��t,. i illi iii3 t. A =I , t 1111 f to: „.. .le,:i• - - :,_. ,i , i {F gAE 1 1 1, � Q i IIIi d Pt' jj2 Z ; ;I ,= Q , , #.. U 4.,P" .' .......:___ „" z 0 ,, ,,„ (7) 4,froll „,,,,„ --, p2 l ob'/�d4p"8 y1 1 PROPOSED MEV SIGN LOCATIONS UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 24 Ilitatit 11 ��: is /,...,,,,,,,,?:::':::'44:::--',''''''',„:',i''''I''''''I''l M ; , ,,, ,, ,_ ,.. Ati,;:,,i,,,.,,t : r. �, � # .......N. � . � ; 4.11 Ili i \ * ,,Iii '01, al6 . oist se t\+, 111111011116 4 .W , OR %.,.:11001111111111k [ 8. 4 I ii1 z �t EXAMPLE OF WALL-MOUNTED VIDEO SCREEN (FROM PINNACLE BANK ARENA, LINCOLN NEBRASKA) UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 25 OUSMAttachment(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) CIINiFPIUA, SIT pian A WV 5410 ''7,1 j ,,,,,,: , ...................74 .14.,....., t 00) t.s, - r,. t' `4.... . ...�1 . ►f, .J tint*his : ' - a a. Near the intersection of 19 Street and Birdneck Road in the northwest quadrant of the site. b. Along 17'h Street in the southeast quadrant of the site. MEV SIGN NARRATIVE UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 26 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. Heieht,_Pedestal mounted up to 30 feet in height. 6. Pixel pitch. 15mm. 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. Igor Nro' t., xa: _ ' a rpt+ '� ` aaftw+/ i 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. Size. Signs would consist of a single display of approximately 800-1200 sf. 4. Dimensions_ Display dimensions would be approximately 25'H x 45'W. 5. Height.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/m2 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 Area's 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 Development 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 Resort District 6—9 Virginia Beach.Virginia 10 JULY 2012 SEC. 6.3.1 A, SPECIAL SIGN DISTRICT, ORDFBC ' i UNITED STATES MANAGEMENT, LLC Agenda Items 2(A) & 2(B) Page 30 �� I BEACH Maps L-6,7 United States Management, LLC lap Not to Scale it - -"w" ''''' y , /,___ _1 _� ♦ 264 e♦�� ►N RSTA A�.` �,a..i 75 dB i ..,.., 70� S dB Ldn� s* . t ' Ai — 'I• _ • t om„ -,1.1 5 . 67 `rs�►` � M A9tn 5 3 4 x 1 77, h t , ,1 m sr 0 2 --,ork ---t # CI ,w73111110 k. • - r"- 444411.11WIAM iv, -Vol ,,,,..),... et,,F1V:-"' i A 4 3 • . viat.3.:A.....rivir.-1111 __. azi .„ fel..,:;4$1 .:-/ \-4Ask; 1 .:4-1 fi-.: - 41-44%•••••--3 0.17-_--- , . , .. ,• ik . ,,,,,,, ,,, . -- ,- ,,. % ,, ::::-. „.- , Ario-wil — A azia A ...40000000 �_ p 1 ti: . .* t Alligit ,tip ,474"; " ., • v'.;�, ♦ V 1c ter; 4 -I-k 04 i'e `Zoning with Conditions4Proffers.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 I I l 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. 14 14 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) USM is a member of The ESG Companies family of companies and has no other subsidiary relationships. Check here if the applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. • { d 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) CCheck 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 El 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 I 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. A A Joseph E.Gelardi,Vice President Ap•�•-nt'• Signature Print Name ��owilm& ...owl, Doug Smith, Deputy City Manager Prope tT•IMIL 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 *ISM1N Sii.....ement 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. C,oRp�e�lYti.`; VS. 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 11, OUSIWAttachment(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 McGuireWoods 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 , ,.////7/7 / , --- / 1_4 _ .. . , , r 1 - LLL ii r/ ' 1--- ' At # v. )1.4 -; '1, a.r „ ,, , --„:, rorieAloa s y l(l ( ) 44 - ."-1/ , Ai ,,, , .10:10 pliml --------. . './ lir iiir , $7.47,40,-,„. ,„„ . 9,.., 4!:,, . trobielrApA rlr GOP) / \ ___ 7 / tre /°V01114,r. // g:Z ---- -_ '� ///„‘. rt Amps / � , it•poi illier // O. 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' „ ii oro i '44 /,' .:.... ,.. - ____------ , \ ti L__,,, 4 rz, , it , -- til AVS c iri \,--- - i- , • 1 ,. . p gitt�aN M 1 III , II (#4:2kt4\11 ff 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: March 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. 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. 1 ill 1 I CHESAPEAKE BAY DISTILLERY Page 3 of 3 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 . k . d'I'42-- I III 1 I 1 BEACH 7 ,,,,!-I. Chesapeake Bay Distillery,LLC January 14, 2015 Public �, ._, ok . Hearing ' rea i'' APPLICANT: to1031 CHESAPEAKE OR 1 v00",44. BAY DISTILLERY, LLC _ ,' 1A1iZ�, '_` �, PROPERTY OWNER: `` HOTLINE 3 ' ". `' :, _ - ENTERPRISES z.wy WO c..sM.after.,q..SP.na..", CW-Craft OistAlery 9 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 1 III 1 11 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 fagade 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. TC- CHESAPEAKE BAY DI `1LLERY,, LC Agenda It -7 Pae2 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 Averjup is CHESAPEAKE BAY DISTILLERY,, LC k'Agenda 17 'Ra 3 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 Beachg 930 ADT ' 14,800 ADT 1(LOS 4"C") Existing Land Use 2 Boulevard 27,400 ADT (LOS "E") -200 ADT No counts 6,200 ADT 1(LOS °"C") Proposed Land Use s Baltic Ave available 11,100 ADT 1 (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 a 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. 4 • 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 DIS iLLERY, .LC ;agenda Itt 7 Pale.4 111 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. • 0 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. CHESAPEAKE BAY DISIiLLERY,: LC Agenda It 7 is Pa 5 I III I I i 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). 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. 11 CHESAPEAKE BAY DISTILLERY, LC :;:Agenda It 7. 6 II I 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 4 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 oorwnercial 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 grantwg 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 unique 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 of 4:00 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 treasurers office or the city's parking systems management office to businesses licensed to operate in city meter- regulated parking areas.") 6) Tastungs shall only take place inside the budding,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 I viz. - ' ' •,' 4,+t ii. ti fir. ` #fi,v- .! = _ f ..3-. T 7 t df, 14 f t:\ '--.,..1 .-1 t , - _0 v Q W iso I l •c•‘, til . Ut.' 250)10; % le 4 7 =w , i a kP`t. � ,/11 Plit ' ' ...• ,, - �/ • �`G , A d A 1._\',:k - ji '• i 1) 1. DRi , : AERIAL OF SITE LOCATION CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 8 I— I U/RC/N/A BEACH BOULEVARD (MR/ABLE R/W) r 1 oar n-=---__----a- .1-------.1 -= -- a ,*AA I v �i}L yA �� '' -.- q pi -sl, �Yl Saar T " 9 S• [—`J EZZ -i ?a `I'1aa Alla $ 0 11/29 10Rr FRAME 5180 051 _ 1 PROPOSED 4 MANUFACTURING 3370 SF ,A RETAIL SOO Sf [ MAIN r0`1A a MEZZANINE 650 SE ENTRY LOT IS& 013,80 , }Q * 4320 TOTAL Sf LOT 20 ran,DOW LOT 76 1B PARKING SPACES AREA= O£ALN.PLAZA AVC ry 14.000 SF (MO 1.PG 20) ,.1' Z0%T OP ae Goi W •- .5:0 (I WJ Q V DELIVERIES LOT 20 OVERHEAD DOOR • Mr" LOT 19 v GPM. 2427-06-3638 GINN: 2427-06-5699 (MB 1,PC 20) (MB I.PG 20) • 00 CQ SCREENED W 7. �. RECYCUNC DUMPSTER o 14 ovum.,raga, U — ( `oee:eiee9r0080.08600oeerosoaaa% Asan �.r I I LOT 15 �rwr Par mar 1 oaws A.f79#P J BCY4K Y C M APPNY I I-l� (IIB I.PC 7O) ZONED.A/7 I 07/S I LOT/7 .✓ARIAV 1 LZSICTYN91'7 MOTN(R MVC 51£N-NAME[i6ZCZYN91'i (MB T.PC 70) /043 1.PC 70) 7/46001 A/Z GRAPHIC SCALES 0 4'8' 18' 32 48. 1/16-=1'-C. CHESAPEAKE BAY DISTILLERY SUBMITTED72 OCIMI4 REVISED 437 VIRGINIA BEACH BLVD VIRGINIA BEACH,VIRGINIA 21 DIC2114 L. _J PROPOSED SITE PLAN CHESAPEAKE BAY DISTILLERY, LLC ° .y Agenda Item 7 a�� Page 9 k.,2 �. 'ly O ., 2 o''';',--4:,,,,-;,,,, ,,,,--- F OURf E TONS 11 '''r VINO #yam �4 .1i '. 1 ; 1 ://:///7:lil 'p 'f-:-..„' 'I my_aik \, f,,,\ ti i , , , `t 1 e# I \ . • 110 rA 1 i■ -'' '' . , MAIN ENTRANCE (EAST ELEVATION) ¢rr`p"GI jA••BFAC� CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page y > 1 g � ,� I I i la.' . ,,''. ., .. .1_2 . MI --r Irt l 5 te. s u.= 4 tag #' it li a ,, +" a ____ .j 1 3 , r TAU t ,,„„: ' i —.a...1w i r j #0 ,111 7„ii //// .II//// i NORTH ELEVATION (FACING VIRGINIA BEACH BLVD) CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 11 ..,,, -,:t., -- \ \ IfiK44. 4'444..cck - ., . , i a '-i ti . , $K- - .4 +v 1 �, —._._-..--__ — + i y es , ([1 r t •*4 F s v. 1 4 ,,.-",-.i.":". 'V qF h,Jl "-,'•,..;44.- l l T i { t � i ':,,,..1:' `v '`,'.'4'''':,.4,1:;-''''''.4 a `. y P' = `' Vit: 7f .r i . ••. k ,,,r Si it .t: f 1 . •Y 2,45 i � -sii. ' . .::... . , , , . .1 , _. , .........._,, , , . . .. ....... .,. . ,.. ,, .. ....- , , .... -----_, ._ , , .. _ ..__ _ .., .: . ,,4 _.,. , ... 1 —- 4 .,4., WEST ELEVATION (FACING BALTIC AVENUE) CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 12 1 BEACH ;`l p, No- a� Chesapeake Bay Distillery, LLC :. ;Rif gr NL*.b.‘‘.f%N '' -1‘..lel - ' . , . ' * V . 4 g-NA *NO ft.1*\ ' 0 \k \ ---g X v ' :- ��` mob ;MI'l� 1,0 „r1111-/- '' ik ‘ '` ' , � 3 Ikr-k _ l'c ` i! \ t ` NRGB , "IR ,ia; ... . , , ,.. cl 4,,: ‘ 04 .c • ..\1%. s ..,.,4 .w.--1,11b:"\ft , i • 1\\\ ee % ' .,‘I f'" ..;,,O, '''' -0*:\ ‘'' - . f" k 70- 5 `. �v , b % , 9 .1 ` pVENv Ofd Cs `� `,A , ,�` 16th a `S TM 16tH Sr r '�e� `\\ ��\ � ` �►�,�" 'Zoning with Conditions cro//ers.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 CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 13 i I � 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) 11 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) ElCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization.1 &2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No X. If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CHESAPEAKE BAY DISTILLERY, tic Agenda It 7 P ,...14 � III I l i �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 4 services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) .{ Sykes, Bourdon, Ahern & Levy, P.C. 1 Lemole Pointon Architects ., MSA, P.C. • ♦ ' "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 1. 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 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. 4 CERTIFICATION: I certify that the information contained herein is true and accurate. I 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 Pla • •• • ••= •gr-ph and vi the site for purposes of processing and evaluating this application. Chris Richeson, Mg Member 15;1194fts ignature Print Name Z� Cammi Collins, Manager I •roperty Owner's Signature(if different than applicant) Print Name 4 rrnnddrnnal,Ira on...," DISCLOSURE STATEMENT CHESAPEAKE BAY DISTILLERY, LLC Agenda Item 7 Page 15 1 III 1 1 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 ' sit a CHESAPEAKE BAY DlSriLLERY, LC 'Agenda It 7 P '16 , yX I III I i i 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. 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. 1 __ ii .,..•b iti4.4- 4IW Wr .0 ---wC o = t: - -. 111111% alli:, __.4 Cli, Oar ' I 6.. = ' i . 0 -_-::,.:.:!. , --ez, -""dr 4''----..j'" ''...-;-- al et , 4-) r ips 0 4... u, ,. t,a.L.,..__ :4-A 1141C114 m ---'--. 0.:1‘1 . '1Wilyria4r. 1 Ars 418111/ - -- - g.s (3,,, : .7..... ct, Ciao/ i .... . . /kilo., 4 . t co , ' 1 . illi et 7, , . m N , i (:,,,, , / . - ,,,, g .4 _----, CkW ' r? * . ,_. gi.) . .... . .. . „ Sig . . • _..t.,.... . .• i. , . ...... i,,..( gel /1414 . .- ' . -..- . tb,•.... 1 `\ '� = . 01 Nv. um ts.N---,.. \ ... 4, ›. n • \. .4" • m0.tA 4cNTill hftill n • * CI; 1di h.GiN a a Co. ; m "'tt 0v� < " Z � � • L:11:t3 + (- 4•• z Tie* • a. i - \ 1 II I [ 4 , f0 *, ff,, " 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: March 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 it I i Virginia Beach Development Authority Page 2 of 3 • Considerations: 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. Further information pertaining to this request, as well as Staffs evaluation, 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: 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. Virginia Beach Development Authority Page 3 of 3 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ,i4V City Manage . —.'/3-(ShY"2._ PRINCESS ANNE Ma s K_70,71 G10,71 Vir�-i p -JI. nia Beach De mentAuthority 3 corenv ft,i/ '� " 113 L a February 11, 2015 Public Hearing 11* tr ��° n VIRGINIA APPLICANT: ,,.BZ %�.04 RGINIA BEA CH�A1870r4,..44:,,,.....14. 82* 'ZDEVELOPMENT I.dn �� ate,_` �. i AUTHORITY 4 • c ' "' CONTRACT PROPERTY.��..,•. ., OWNER: Nor/Ma ton ofCptaffi THE MILLER ILLER REQUEST: STAFF PLANNER: Stye ROUP Modification of Conditional Chan Stephen J. White and modified in 1989, e of Zonin 1993, and 1996. originally approved by the City Council on June 13, 1988, ADDRESS/DESCRIPTIO ADDRES Landin N: Northern corner of the intersection of General Booth Boulevard and Corporate24152286450000 ELECTION DISTRICT: SITE SIZE: PRINCESS ANNE 9.116 acres AICUZ: 70 to 75 dBDNL BACKGROUND / DETAIL Back SOF PROPOSAL The subject site is located within the Green Flash Brewing Com is controlledebby Company. Corporate Landing Business Park Y Land use and developmentCorporate will be modifications tthose original set of within the developed b 3633, PGproffers in proffers,989 dated June 13, 1988 DB Landing by the 174]. thosCorpe o [DB 2850, PG 1127 [ 2845,3307, PG 93 199Business[ B Park Districts, and the regulations ►s Zoned ]� 1993[DB ], and subsequent 3633 regulations are supplemented Landing of ng is Conditional B-2 Business and 937 pplumand stwo districts apply; Land 1996[DB Land Use Plan as well Design however, Conditional I-1 Light Industrial superseded by the proffers, a profferedmber of the the Business Park's Criteria. Zoning district l asicts,'which are as ThefolMaster Zoningincluding a Plansw Master and Land Use P/an shows the location oZoning � • MXD Mixed-Use Development • MDO Medium Density Office • R& D Research and Development VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 1 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. 0 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 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 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 II PRINCESS ANNE lar:s,10411 I:10,11 Virginia Beach Develo I ment Authority AG1 •,. AG2 February 11, 2015 Public >75 dB Ldn •• ••• Hearing li• . APPLICANT: "+ ,o VIRGINIA BEACH I,' Alk... 4.4- .skid. , DEVELOPMENT • AUTHORITY Bz• 70-75 dB Ldn � a, . CONTRACT PROPERTY OWNER: ,� qr.�► .n._® THE MILLER •Z.*,dYr Cntitle-henera pw Spec*Pieerbn Modi/icstion 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 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 • • 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 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 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 fi . •-1 I° a ; , 1 0 gZ ,v C • , `,t ,..., IP i 1 --- t-• - I , t . . i , ,„..„, I • ft ' * - 0 —7 - •i . /.., • ti> 0:#004, 9 ' \°0 . .. • 1. - 7;.. . N)• ' ' IN a •,.1, ,; . -,I, ',..'N. - • , 0 ... . , ,.. . 4. . 44 i, 4- 42 . \-. Co \-\ q2;>. 0 - 0 Arp • AERIAL OF SITE LOCATION VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 4 11 I s ��^ 1 d:1'C.r \ " .. II O • 4 ! f j j S �� ;� II__° ? ♦* �i' \fit",I II , I fir y '. '� t r 1011, } r \ d `• � y ac c W W � S .� y a O O S! tr W t 1 •�' ..�,„.gcr dde<,�y. ': fi ., `/ 4� ..S.t. ,. f 6o} - I k. P 1. W W I � int. *dies W i 1 i,A, .4,cc \ ss - i r oil / \ . , ss' �' . y sk , 1 i,„. , , .-_,....„.4.,4_ •. ' CJ _'a I.:4�_ 'off �.rtugivs otronv�atryoaoo PROPOSED SITE PLAN 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 5 L Lmo ,I 40 feet / 1 iti III . ,, NIMMINISI k 9 4x j t r } • 1 1 40 feet 40 feet f I t > i 11 _ ti 111• I ,I E ( _ _ { M N 3 3 5. R PROPOSED SITE PLAN VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 6 II 1 II ......-.....---va.r v a r-a a a.avaa..i�,i N APPLICANT DISCLOSURE 'y If the applicant is a corporation,partnership,firm,business,or other unincorporated 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) 3 Owner. City of Virginia Beach Development Authority (See attached list) Contract Purchaser:The Miller Group Companies,Inc. (see attached list) 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant(Attach list if necessary) Applicant is a political subdivision of the Commonwealth of Virginia. City Council • 0-0 appoints the Commissioners of the Applicant(list attached). '♦ ®Check here if the applicant is NOT a corporation,partnership,firm,business,or other unincorporated organization. Ell 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 11 unincorporated organization,complete the following: r 1. List the property owner name followed by the names of all officers,members, • 4 trustees,partners,etc.below (Attach list if necessary) 1 ) 4 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 ' relationship with the applicant(Attach list if necessary) t 1 E Check here if the property owner is NOT a corporation,partnership,firm, 1 business,or other unincorporated organization. I I '&2 See next page for footnotes I i Does an official or em oyee of the City of Virginia Beach have an interest in the subject land? Yes No RI 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 b ADDITIONAL DISCLOSURES i 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) .0 Covington Hendrix Anderson,Architects C !Galley--Hom Faggert&Frieden,P.C. f} 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 M I'power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11• 2`Affiliated business entity relationship'means"a relationship,other than parent- g 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. II. 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 Plant y alli C photograph and view the site for purposes of processing and evaluating this application. di-i4-- D,,, plicant's Sig ure Pant N e v Property Owner's Signature(if different than applicant) Print Name C Modification of Conditions Application _ ----_ —_-- Page 9 of 9 IP O...,su.(I flHRI7fl1A 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/PhoneTerm of peainninq 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 09/010014 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 09101/2014 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 I 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 Pailsoul-Secretary Lisa Hinkley,Jim Kenny,Charles Silva—Vice Presidents DISCLOSURE STATEMENT VIRGINIA BEACH DEVELOPMENT AUTHORITY Agenda Item 3 Page 10 43 IA BE,g0 CITY OF VIRGINIA BEACH w a INTER-OFFICE CORRESPONDENCE Of OURS Np1' In Reply Refer To Our File No. DF-9244 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson' DEPT: 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. BKW/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 xl day of lifittet try , 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 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 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 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 4Grantor and Grantee. WITNESS the following signatures and seals: GRANTOR: City of Virginia Beach Development Authority, a politic- ubdivision of the Commonwealth of Virgi '. By: 20:e...k____ IA hair/ V e-Chair 5 II COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged and sworn to before me this Z-7 day on-A.4 v , 20 15 , byDo 64h1 L. W ooh , as V CC.— CACI.; r , of the City of Virginia Beach Development Authority, on its behalf. NOTARY PUBLIC My Commission Expires: ///307/` Hlfi���a/a My Registration Number: 1445 7-� ��•` ..R;.w� y'••• ® := e�MY � COMMISSION NU4577 MBER s 'jj• 19 '• 41TH 6 II II GRANTOR: The Miller Group Companies, Inc., a Virginia corporation By: 'r Name: ��,MrKalk�tS Title: 04%4 O !L' STATE OF Vitci•N.h- CITY/ COUNTY OF Y'YZit o-wit: The foregoing instrument was acknowledged and sworn to before me this 2G1 day of , 20 15 , by to,. t/.. . , as 1p.t.o.c, of The Mil - _you• Companpr •inia corporation, on its be alf. 111 '47A RY PUB I' My Commission Expires: My Registration Number: 14943 3ci 7 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 03va ko H. i� C wnia V 1, ,IL"—,- : O 4 *le / III; \ (.--;) 0' .. 7 ).,1 0 k. , ,. _ cif) , 1� 1 1 ;_. .. r 0 ID CZ 0 ,,, is, 0 1 i . � co •y _ = III � d . 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NI:I.Jr ul.'!b'.E_DIM , tia.- L? .,L-•-• —Erj- _,� _ 1 t C, ti::::11 !1.---i 11 '--Lf."-fl _ cb 'tt OA-18 3ON3aN3d3aN1 0 . ii.w.. ....,:_..,� 1\- 111111111111111 J.03::1 __.,.. 0 ig 6 c...- Hca j ii-u , - I � t �; ; CJ , tQ1.1 oc mom I 2 1 iii poi ri .0 911.. 1 rco / 1 j . - _ ....amemair. _, _.._., -I,.: in u . , , loll, ii CO /�Z t Z : r I -X -- — I N 3114 1 4fr ":t 7 `psi O` CITY OF VIRGINIA BEACH AGENDA ITEM ,f 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: March 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. I II I l i 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 3of3 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 City Manager: k . 0.0-7__ I II I 1 MYEIDE 2 Ma E-6.7 Pembroke S ware Associates,LLC n_ ... ,, , . January 14, 2015 Public re1. a _ �_'4, .1 ♦ Hearing 'll • `ii APPLICANT & PROPERTY ROPERTY.LP�.as „Lt.:. , ,; ; OWNER: B3 44- PEMBROKE Os 03 � r SQUARE W 5, j, r x i _. C is ..,,,,f,..„,,,,// % 7 r- ' ' �= ASSOCIATES r� 1 ._ E CBC ,r/40 ��; y' _j ""%,,'�'//;: • 7 LLC . ;i- G�",r ; Be ids , _._.. - VIRGINIA BEACH BLVD BSL- t. Kai El FBTI Fk ^ v: •z..wro+c.+ ~..Do.so..N...... CW Indoor Commeccial 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 BAYSIDE 26.684 acres Less than 65 dB DNL 4 • 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 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: • Bowling Alley featuring high-tech * 3C •• PC ill bowling lanes, projection high- 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 I II I I 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 • 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 1(Level of Service"D") Existing Land Use 2- 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 (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 3 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: PEMBROKE SQUARE ASSOCIATES,. LC :Agenda It' t2 Ra 3 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. w. PEMBROKE SQUARE ASSOCIATES,.. LC Agenda It-., 2 4 I II I i i 4 0 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. e a PEMBROKE SQUARE ASSCIATESE 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. Y x r ) PEMBROKE SQUARE ASSt1ATES,. y LC Agenda It 2 P 1 v 1 3 fir+: a s b E r ` ` f { ;t ±f7 t '1; E f g.� „ r _ f ( , , 4 rr • -' filipt;s. / µ • r 6i 3 � 1 � : 1 4 F` O .t 1,`,Cs -10 ' V ' J„`p� I ,”1 - �A� $�: g, '4 I _ � , , �v .r , 3 , 0 r. ,, .‘,,i,,$$; � ; W ‘4..... a fes " �, _ i. .q Z d {j et i ci :.�' � '.;-:!-',"°':'!''''.,.*.,:, f�� +*cry F. S r r U 4 i r,. .� � ; Q fir, r CO oi a. '1b�� boa 9 . w , - Z r ' < 1 � 3 ` • + �n/ ON *}. a e r -. z It p, *rte , y EP i' 'TVotm:i, 1 ,,. ,, 7.. ,1:x w r a r,J , ,- _a 1 , Y 1 '. r �liii.- _ AERIAL OF SITE LOCATION r r�t�`G "_�-.''•' PEMBROKE SQUARE ASSOCIS, AgendaATEItemLLC 2 Page 7 ......--." I 1°44 1U ::: ....... I _ \v_ ------- "" i ,. 11411101141Mlii .. i * .4411404401114111111111114 - - ,., .. • .33Mg %,• . . ..,. ,.. . :: .. .. . ,,,,,,13,1-10,1 Hilifftli.li-liffit aliiiiill11114 w- I ENTRANCE 1 -i ' I e a NH i gur ti k t Itlfrif-t÷ii-641 0 - IffliNifiliiiiiigft '.5(-i . I 111 , I ... 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Pembroke Mall Site Plan 4-• ____ _____ _ .., (...um.*.e.1[p.m,..: Orebso 70 X:•^ MO',or INF..,bun am vrqs.,go,r Vtgroa 23-... 1/33,6.3:11:34.;43.,.43 4110 ..91;e.".- PLAN OF PEMBROKE MALL SITE SHOWING LOCATION OF PROPOSED USE AND ENTRANCES 0-01-41A r1 PEMBROKE ?-,-'<?.-,-,_ PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 8 s 0 ......, 1ff 1 HIHH H • TARGET t1 1.___ i ' \�cJ\ • PROPOSED INTERIOR MALL 1 ENTRANCE +111",11 \>l1 iiivaa. EXTERIOR ENTRANCE . •=ry.:-.=flim ®u MEWL calf UPTOWN ALLEY - 40,172 SF PROPOSED INTERIOR ENTRANCE � � KO H L=S LOCATION WITHIN PEMBROKE MALL �� � f ra PEMBROKE SQUARE ASSOCIATES, LLC =r Agenda Item 2 Page 9 j I I . - • • .j 16,561 Sq ft 33,337 SF GROUND FLOC) PAF, r LI PROPOSED U TOWN ALLEY 45,4 49,8613SF REVISED INTERIOR LAYOUT OF PROPOSED RECREATION FACILITY I A , ?ALPI -#1 PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 10 "uR 44ytfS hr W C r it .I c a B i Aa @tilt= gip« •• t alfri ElP j W , I W Lu o { d F'# o a 4i tt Alta• iii , ti RENDERING OF PROPOSED EXTERIOR ENTRANCE (NORTH SIDE) PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 11 , A gii , , 0 .- _ = ! ;61 . 1 .41Xvi 100 *,,A, ..A. ' 1 7,4 IN itl t -.'i ..., 4 ,,,s ,....„ ,... .,. , ........10- ,iv, ,„ , ,.... ' , ..... ..... .. ow_ } — "I , Al ce w 0 IliAi m 0 m C Z ~ i U ' li 1g tes RENDERING OF PROPOSED VIRGINIA BEACH BOULEVARD ENTRANCE PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 12 ii I L T fs•I � c r.. -H • _. r 1r r I Kith �, A T — s_,=Al ;,_ itsseiraer rz' r 1 gar, . 1 a •. IIP-1 . I NV 17 ' I a 4 $ • PHOTOGRAPHS OF UPTON ALLEY RICHMOND, VA L'rA$ ` c-41 ; .41_ 1 0 PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 13 BAYS!DE Maa■■p E-6,7 -6t to 7 I. Pembroke Square Associates, LLC l®Ei TS71� 1 t•1.p ! �T�L.i�y '927]' ° , -D MC ri 41010 Ser4.•4014. r I — \'-- 6 U .� a ,. "�- ' � B, op rl.,,sziffair gg .0 nv CORPORATION LI, %%I\ '- r; OZ � ., ,4 B3 — �s. . ,,> -- _ ......„, --=',=s2 ... fie % f-ti : • L I-- ki wit it �— r- 1 c if CBC ` / / ` faBS_I L� ! - ti: 4 -171_z VIRGINIA BEACH BLVD i ---;...;M I ozimr.1, 2:1 . . 119fr ' 1 - __ 116-"Tr, .- -rd.f► FI 1 r- r�'�, , ,..� 4BG--!__ , D11162101 ; 4 ' 11 al -L---L IIiiiiii -I ' ' . ,i-ii ,,,,r- PIF Lam' •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) Apprcved 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 PEMBROKE SQUARE ASSOCIATES, LLC Agenda Item 2 Page 14 i II I V 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 111 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 1 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 No ` If yes, what is the name of the official or employee and the nature of their interest? I DISCLOSURE STATEMENT <:w PEMBROKE SQUARE ASSOCIATES,.y LC Agenda It 2 r Pgr 15 4 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect ''f 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 I services: (Attach list if necessary) Pembroke Commercial Realty, LLC,Cox Kliewer&Co. and Faggert& Frieden, P.C. 4 U S Rank, National Association L(Bank/Financing): Sigma National Inc. I (Tenant Broker); Madison Marquette (Landlord/Owner Broker); Uptown Alley III, L.L.C. (Proposed Tenant) 1 ' Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent- , subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling I 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. 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 t 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 1 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. I II I 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. • • C4 . iiii _____, 7 IP 0.4 FAV NVM • LiW ' V '*4 LT so ' a , 1•t:i A N .dill i 1 I . , ;1•4 4-1 :-.. Ciy 0 ni - I did/ ‘,.„ ii I G090. 4:I E IAV S1VONAnOS Ab JG�O Q O 4A--- L 0 (� - a. 41. 4... coo -Th-------) , 1 iiT '..-- - ififili „I Ccl 'I 2 ` 3AV VINVA IASNN3d f k., ,ii, 4_ ,..-.,:„,, ..,„„ 14 Di— r 1 _ . ._!, � 1 en 1, jj ,__, -A.Ainpini)! q - - to _ , , , —r I. r Mos. -.--I iQhi se k yat/44 L_ rt W W - 0 Nm I i N _. HAQ % " ! r- J m 1 r I 1 1 u ' ,4 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: 5073 VIRGINIA BEACH BOULEVARD, LLC (Applicant/Owner), Conditional Use Permit (motor vehicle repair), 245 Pennsylvania Avenue (GPIN 1467859257). COUNCIL DISTRICT— BAYSIDE. MEETING DATE: March 17, 2015 • Background: The applicant is requesting a Conditional Use Permit to develop the site and use it for Motor Vehicle Repair. Currently, the applicant sells motor vehicles on a property located 200 feet to the north of the subject site. The applicant desires to offer motor vehicle repair for his customers from that site, but there is insufficient space to do so. Thus, the applicant proposes to use the subject site to provide motor vehicle repair service to customers. The subject site is zoned B-2 Community Business District. The City Zoning Ordinance allows Motor Vehicle Repair establishments in this zoning district with the approval of a Conditional Use Permit by the City Council. • Considerations: The site will be developed with one 3,755 square foot structure that will be set back five feet from the east and south lot lines. The proposed building is two- stories in height and uses EIFS and architectural-grade corrugated metal for exterior materials. The repair of motor vehicles will take place Monday through Friday between the hours of 7:30 a.m. and 6:30 p.m., and Saturday between the hours of 8:00 a.m. and 5:00 p.m. The applicant does not anticipate a need to operate on Sundays. The business will be open to the general public; however, the applicant believes about 70 percent of the vehicles needing service will come from his automobile sales establishment. The reduced setbacks adjacent to Pennsylvania Avenue and Admiral Wright Road, while consistent with the recommendations of the Pembroke SGA Plan, do not meet the 35-foot minimum requirement for the B-2 Community Business District. Section 221(i) of the Zoning Ordinance, however, provides that the City Council may allow deviations to the required setbacks, landscaping, height restrictions (except as provided in Section 202(b)), and lot area. Such deviation must be "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that such a finding is established in this case, as the applicant's proposed front yard 5073 VIRGINIA BEACH BLVD., LLC Page 2 of 3 setback and side yard setback adjacent to a street is generated by the recommendations of the Pembroke SGA Plan, and there is no obvious potential for significant detrimental effects on surrounding properties due to the reduced setback. Given the existing adjacent and surrounding land uses and form, Staff finds that the proposed use is appropriate as an interim use. The form of the proposed development will be an improvement to the area, and will provide a structure that is suitable for being retrofitted in the future to provide space for a use that is consistent with the SGA Plan. The applicant is familiar with the Pembroke SGA Plan and is interested in acquiring, and has been attempting to acquire, surrounding parcels for future development. He is hopeful that market forces will render the subject site more desirable for uses that are consistent with the vision for the Pembroke SGA; therefore, the applicant has agreed to a condition that limits the use of the site for motor vehicle repair to a maximum of ten years. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in conformance with the site plan exhibit and architectural renderings titled, "EUROTECH SERVICE CENTER," as prepared by GMF + Associates. 2. Per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the B-2 Business District with regard to the front yard setback and side yard (adjacent to a street) setback, as shown on the conditioned site plan. 3. There shall be no bulk storage or motor vehicle sales on the subject site. 4. All signage, including building-mounted signs, shall be in conformance with the requirements set forth in the City Zoning Ordinance. 5. This Conditional Use Permit for Motor Vehicle Repair shall expire ten (10) years from the date of City Council approval. To continue the use of Motor Vehicle Repair after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time. 5073 VIRGINIA BEACH BLVD., LLC Page 3of3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. A\V----- Submitting Department/Agency: Planning Department City Manager: k . (5-6-2--.0, BAYBI DE ‘I'&p 7sta, 5073 Virginia Beach Boulevard, L.L.C. !ft/AR7.5! 'R7.5 B2 I „ , i- February 11, 2015 a Public Hearing • eeicM $? APPLICANT AND PROPERTY B2Y J ewv i OWNER: 132 B2 r 5073 VIRGINIA 82 BEACH BEACH BVD, 11 a ,�a.amt M.awlRa ,--, T= tJ L.L.0 z..x,r cwr..a,.w..,q.n s.«.nas* CUP•Automobile Repair Garage STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Automobile Repair Garage) ADDRESS/DESCRIPTION: 245 Pennsylvania Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678592570000 BAYSIDE 12,500 SF Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Request The applicant is requesting a Conditional Use Permit to develop and use the subject site for Motor Vehicle Repair. Currently, the applicant sells motor vehicles on a property located 200 feet to the north of the subject site. The applicant desires to offer motor vehicle repair for his customers from that site, but there is insufficient space to do so. Thus, the applicant proposes to use the subject site to provide motor vehicle repair service to customers. The subject site is zoned B-2 Community Business District. The City Zoning Ordinance allows Motor Vehicle Repair establishments in this zoning district with the approval of a Conditional Use Permit by the City Council. Site The site is 12,500 square feet in area and located at the northwest corner of the intersection of Admiral Wright Road and Pennsylvania Avenue. A vacant single-family home is situated in the center of the site, with one driveway located on Pennsylvania Avenue. Properties that are adjacent to the subject site have been developed with light industrial and office-warehouse structures and include minimal pedestrian and landscaped improvements. 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 1 Proposed Improvements The site will be developed with one 3,755 square foot structure which will be setback five feet from the east and south lot lines. The proposed building is two-stories in height and uses EIFS and corrugated metal for exterior materials. The building will have a walk-up entrance to the street corner and will include transparency on both street-fronting facades. As shown on the submitted site plan, the four repair bays will face the interior of the site. Pedestrian improvements and landscaping are proposed along both street frontages, and access, circulation, and parking for vehicles are primarily located to the north and west sides of the site. Proposed Use The repair of motor vehicles will take place Monday through Friday between the hours of 7:30 a.m. and 6:30 p.m., and Saturday between the hours of 8:00 a.m. and 5:00 p.m. The applicant does not anticipate a need to operate on Sundays. The business will be open to the general public; however, the applicant is believes about 70 percent of the vehicles needing service will come from his automobile sales establishment. There will be no sale or storage of motor vehicles on the subject site. All motor vehicle repair will take place inside the proposed structure. 4 • LAND USE AND COMPREHENSIVE PLAN Existing Land Use: Vacant single-family dwelling Surrounding Land Uses North: • Vacant office-warehouse/B-2 Business District and Zoning District South: . Warehouse/ 1-1 Industrial District East: • Office; light industrial services/B-2 Business District West: • Vacant office-warehouse/B-2 Business District Comprehensive Plan The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. The general vision for the Pembroke SGA 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 complementary urban uses within a defined central area, creating a skyline for the City and providing for decreasing land use densities from the core. More specifically to this application, in the Central Village District, the plan calls for an eclectic, mid to low-rise commercial and urban residential area. This development will be in the form of live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. Although automobile repair garages are inconsistent with the long term vision for the Pembroke SGA, this use is acceptable as 'temporary' given the current land uses in this area. The general building form, placement, and site improvements that are proposed will be more in character with the SGA Plan's long term vision than the existing, nonconforming single-family detached structure. Moreover, the design of the proposed structure allows opportunity for future re-use with a more compatible commercial use or, with a retrofit, a residential or mixed use. 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 2 4 • IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Pennsylvania Avenue N/A Existing Land Use 2- 10 6,200 ADT 1(LOS 4"C") ADT Admiral Wright Road N/A 9,900 ADT ' (LOS 4"D") Proposed Land Use 3- 160 1 Average Daily Trips 2 as defined by a single-family residence 3 as defined by a 4-bay quick lubrication vehicle shop 4 LOS=Level of Service WATER The site is connected to City water. There is an existing 6-inch City water main along Pennsylvania Akljvenue. SEWER The site must connect to City sewer. Pump Station#357, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station#357 and the sanitary sewer collection system is required to ensure future flows can be accommodated. 4 EVALUATION AND RECOMMENDATION The site is located in the Central Village District of the Pembroke Strategic Growth Area(SGA). The SGA Implementation Plan recommends an eclectic, mid to low-rise commercial and urban residential area in the form of live-work, loft and row-house residential buildings, and smaller scale mixed-use commercial buildings. The applicant is aware that the proposed use is not consistent with the SGA Plan. To overcome that shortcoming, during the process of review of this application, the applicant revised the proposed site plan and building layout several times for the purpose of ultimately achieving a site layout and building form that is consistent with the SGA Plan. Elements of the site and building form that are consistent with the Pembroke SGA Plan include the limited setback from the street; the sidewalk and street-front landscaping; transparency on both street-facing elevations; and locating the repair bays, parking, and circulation to the rear of the site. Ideally, to be more consistent with the SGA Plan, additional transparency would be provided on the south elevation and a higher amount of architectural articulation and quality materials would be used. 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 3 The reduced setbacks adjacent to Pennsylvania Avenue and Admiral Wright Road, while consistent with the recommendations of the Pembroke SGA Plan, do not meet the 35-foot minimum requirement for the B-2 Community Business District. Section 221(i)of the Zoning Ordinance, however, provides that the Planning Commission, through its recommendation to the Council, may allow deviations to the required setbacks, landscaping, height restrictions (except as provided in Section 202(b)), and lot area Such deviation must be"for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that such a finding is established in this case, as the applicant's proposed front yard setback and side yard setback adjacent to a street is generated by the recommendations of the Pembroke SGA Plan, and there is no obvious potential for significant detrimental effects on surrounding properties due to the reduced setback. Given the existing adjacent and surrounding land uses and form, Staff finds that the proposed use is appropriate as an interim use. The form of the proposed development will be an improvement to the area, and will provide a structure that may be retrofitted in the future to provide space for a use that is consistent with the SGA Plan. The applicant is familiar with the Pembroke SGA Plan and is interested in acquiring, and has been attempting to acquire, surrounding parcels for future development. He is hopeful that market forces will render the subject site more desirable for uses that are consistent with the vision for the Pembroke SGA; therefore, the applicant has agreed to a condition that limits the use of the site for motor vehicle repair to a maximum of ten years. Staff appreciates the flexibility of the applicant, and based on the evaluation presented above, staff recommends approval subject to the conditions below. 4 0 CONDITIONS 1. The site shall be developed substantially in conformance with the site plan exhibit and architectural renderings titled, "EUROTECH SERVICE CENTER," as prepared by GMF + Associates. 2. Per Section 221(i)of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the B-2 Business District with regard to the front yard setback and side yard (adjacent to a street)setback, as shown on the conditioned site plan. 3. There shall be no bulk storage or motor vehicle sales on the subject site. 4. All signage, including building-mounted signs, shall be in conformance with the requirements set forth in the City Zoning Ordinance. 5. This Conditional Use Permit for Motor Vehicle Repair shall expire ten(10)years from the date of City Council approval. To continue the use of Motor Vehicle Repair after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time. 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 4 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. 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 5 . 1 I - e*'•, ' - -/- f - ----- • e . . ./-. ., Z ' ' - V . -4 C1A a , - - ,z-r- - . --a-*/ • 6,-. V . ' .40.0 f / ! ) 6b - 1,40 • ,cCI ,/I = -.N.4.4. •.. % •. .. • ,. - _ , •, * - .. . 11.411.• u p - . ... .. -- - . -.150 ..,.... .it% . .1 / , . Cr 11:11,,Ilmii:- • .—- — • • ,,:.. g-F,`411 I i , - • - ,,,ft ,e' ""••— ...., Z. .. -' -• " i e 8 ADMIRAL! WRHT --0 ...,c H-1- RD • , - , ...1 -• 11"----;..ri -,--,,, • ..... _....- )... sti - _ .,:-i iitio tt •' *;-`,••• tiff* • . • 0. -t;.*4.ft. 'lliimir - - „,..., , ,I..•,,, ,• - 11- Z - - ....e, f_ : :;, . __ 4 .ill 11111.001 z .."a . • ._ • 1 P Z I.1 ' I - a. . _ • - . _. ....- ,.... .. . . . . . - ........ . •_ I A , ;. A _ .--- -_ IX* --'-' -.............I ,.. k•ft ...t MQ(INIA14‘P‘AVE - ... .— CC Z C) q. PHOTOGRAPHS OF SITE (AERIAL AND STREET LEVEL) 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 :-:'-'• 4 Page 6 NiNiaw—' -1.4. I 1 8ii .!.- „ # § - - A- : EI-2 •,-...,, ,',: . :Y- 1 ,,., .....,...,. 7,_. W ',, '.. / C i co-D ..,....,, 1 i in - 1 '" : . 91 1 r_ I 1 1 r,i,i P — ,..., i;: -::, - - , ' - g 6 1 L) 1 e: q . 11 ! II 0 82p : c=, , ff i I g i ! . wl g 7.— — — — — 1 I 1 1 t I li 1 I 1 , L.— _t • _ ------ - Aviv oc -A•44,. ,- v. •X'43Vali , H1 . 0 .r. — I 1 iv .. _ , 5 ---,- gird 'I o , f N. 0 , '' . ,,.. ! . < LL I .,# i (D ' ).__ ,_ : _R _ , ,.,,.. sl I ri ,, PROPOSED SITE PLAN 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 7 GM F+AeeOCIAT Ee - J , , I ws `4. 'wa f (i ( {(11`111 1 Ir.°. 11) i �����-ilifil in. _ I 1 ir • 44 r n ,. .::. r.n �ll+j t aa t ' limailIP!‘„,' , ,,Iqya., : ,.., _., _, _ , Tr r PI II !i 1 I iii4H a it ! ---':- .••"."" ,. L -tit . _,,, ,-,,,..- .,,.:,.,,. .„,..,.,, ., ‘7•_„.-- -t- EUROTECH SERVICE CENTER A PROPOQ7)Warn*SEMI I fACUTY SELECT AUTOMOTIVE NSWW1*IA Alf IRfAAA AfACN VA PROPOSED ARCHITECTURAL RENDERINGS 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 8 BAYSI DE MDQ D-7 5073 Virginia Beach Boulevard, L.L.C. B2 < - e /„...,7 ill BROAD STI. 4 r ' e-1cy -B2--- c) I Eli B2 I ' e�V V W o Lr ham- 1 � EL i __y: S. � sh,_ ' �rmor�� Sir k \\3 _ /iii!//. , r///ii// •or m a*priw:A••I kO ADMIRAL WRIGHT RD J �O e , >0 ! -/- 6a-,1 n[ ' ike. -1 lz- B. i PI 1-11-(4- ; li- — t 1 1 'Zoning with Conditions Proffers Open Space Promotion CUP-Automobile Repair Garage ZONING HISTORY # DATE REQUEST ACTION 1 10/07/2014 Modification of Conditions Approved 06/25/2013 Conditional Use Permit (Indoor Commercial Recreational Facility) Approved 02/23/2010 Conditional Use Permit(Motor Vehicle Sales) Approved 2 11/12/2013 Conditional Use Permit(Automobile Repair Garage) Approved 03/14/2000 Conditional Use Permit(Automobile Service & Convenience Store Approved 3 05/28/2013 Conditional Use Permit(Auto Sales & Service) Approved 11/10/1998 Conditional Use Permit (Motor Vehicle Sales) Approved 4 06/23/2009 Street Closure Approved 5 12/02/2008 Conditional Use Permit(Auto Sales & Service) Approved 6 _ 08/12/2008Conditional Use Permit(Motor Vehicle Sales) Approved 6 _ 12/05/2006” Conditional Use Permit (Motor Vehicle Sales) Approved 7 _ 05/23/2006 Street Closure Approved 8 02/01/2000 Conditional Use Permit(Line-of-Sight Relay Device) Approved 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 9 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: • 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 5073 Virginia Beach Blvd., LLC: George Loizou, Sole Member � 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) f 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) C II- 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 F relationship with the applicant: (Attach list if necessary) M 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 F subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? ►- 0 DISCLOSURE STATEMENT 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 10 1 11 ming Nomf 10.,,,a ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect id to the requested property use, including but not limited to the providers of architectural .n4services, real estate services, financial services, accounting services, and legal 4 services: (Attach list if necessary) Land Design & Development Chris Elam, Architect Sykes, Bourdon, Ahern & Levy, P.C. y Monarch Bank - financing 1.4 1 "Parent-subsidiary relationship"means"a relationship that exists when one mill corporation directly or indirectly owns shares possessing more than 50 percent of the voting Ow power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 4!1.1 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 mil 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 7own 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, Dresources 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 _,_ y 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 _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 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. 14 6(Citi C 0)zot 4 Applica ": f. a...„,� Print Name 4 Property 0 :gni . - I di - - ...li - t) Print Name -4 r. Conditional Use Permit Aoolication DISCLOSURE STATEMENT 5073 VIRGINIA BEACH BLVD, L.L.C. Agenda Item 1 Page 11 I II Item#1 5073 Virginia Beach Boulevard Conditional Use Permit 245 Pennsylvania Avenue District 4 Bayside February 11, 2015 CONSENT An application of 5073 Virginia Beach Boulevard for a Conditional Use Permit(Automobile Repair Garage)on property located at 245 Pennsylvania Avenue, District 4, Bayside. GPIN: 14678592570000. CONDITIONS 1. The site shall be developed substantially in conformance with the site plan exhibit and architectural renderings titled, "EUROTECH SERVICE CENTER," as prepared by GMF+Associates. 2. Per Section 221(i)of the City Zoning Ordinance,the proposed improvements may deviate from the Zoning Ordinance requirements for the B-2 Business District with regard to the front yard setback and side yard(adjacent to a street)setback, as shown on the conditioned site plan. 3. There shall be no bulk storage or motor vehicle sales on the subject site. 4. All signage, including building-mounted signs,shall be in conformance with the requirements set forth in the City Zoning Ordinance. 5. This Conditional Use Permit for Motor Vehicle Repair shall expire ten (10)years from the date of City Council approval.To continue the use of Motor Vehicle Repair after such expiration,the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 1. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE Item#1 5073 Virginia Beach Boulevard Page 2 WEINER AYE By a vote of 10-0-1,with the abstention so noted,the Commission approved item 1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. eu }1 -___1 f-�_� l 5 t . S u 01.14 Jo. f Th y3 �S�lw� —Th Y -- - ! _S I; ‘._LI--:- k. ‘ 7- ',-----1 Z (� m ,p 11 1,1 1141 CI A i .-' 1 J t B i 111111, ,. , c.7.,,,,CC..--2,3 , \___A-- 1 r f IMO - ',no allIASSwrro O _ < -< nsi si ) i_ r-- .:\ 400 2 I ca \ 4, ta g r.-4-1) -‘''''' ,--;- ---- c=.,CO' — *N,g 4./.„,...„,\::::::\ �' E a a, U 1Co \ fir• / % a 1 OD IN/ if/CO c �. v N cu La 1 � � to 447 e,�� x o a c%\. o : 11ir ty ..�. f.; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAKE 5 OIL CHANGE, LLC (Applicant) / 1928 LASKIN RD, LLC (Owner), Conditional Use Permit (motor vehicle repair), 1928 Laskin Road (GPIN 2407474991). COUNCIL DISTRICT— BEACH. MEETING DATE: March 17, 2015 • Background: The applicant proposes to build a four-bay, 1,980 square foot oil change facility on the site. The site is zoned B-2 Community Business, which requires a Conditional Use Permit for the oil change facility, as the definition in the Zoning Ordinance of an Automobile Repair Establishment includes oil change service, lubrication, and limited maintenance. The proposed hours of operation are 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 9:00 a.m. to 5:00 p.m. on Sunday. The facility will employ approximately six people per shift. ■ Considerations: The property is located in the Hilltop Strategic Growth Area (SGA), as identified by the 2009 Comprehensive Plan. Land use and development within this SGA is provided by the Hilltop SGA Master Plan, adopted by the City Council on August 28, 2012. This site is located in one of the six "Development Case Studies" presented by the SGA Plan. The Case Study areas have specific recommendations based on the greater attention each received during the planning process for the SGA. The "Regency Hilltop Shopping Center" area is called out as having a high potential for mixed-use and walkable redevelopment. The submitted site plan depicts the oil change facility in the middle of the lot, rather than pulled up to the street on Laskin Road or Regency Drive, as recommended by the SGA Plan, due to the prohibitive design constraints of a Virginia Power easement located parallel to Laskin Road. A different use and site design could still provide a more pedestrian-oriented space and desirable activation of the store frontage. Also, the placement of the facility in the middle of the lot prevents another use from co-locating on the site in the future that could foreseeably conform to the provisions of the SGA Plan. Staff had requested that the applicant consider reorienting the facility to the rear of the lot for this purpose, but the applicant has indicated that streetfront visibility is necessary for their business model. Land uses primarily oriented to the movement, parking, and service of automobiles, such as an Auto Repair Establishment, are not recommended for the Hilltop SGA. Such uses are inconsistent with the long term vision for Hilltop TAKE 5 OIL CHANGE (Laskin Road Location) Page 2 of 3 as a major urban office and retail destination in an urban pattern. Of significance, since customers do not normally leave their vehicles for the duration of their time on the site, the use is almost completely auto-oriented, devoid of the pedestrian activity that serves as one of the key design principles of the Hilltop SGA Plan. Based on these considerations, Staff recommended denial of this application to the Planning Commission. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-3, to recommend approval of this request to the City Council with the following conditions: 1. All repair work shall be conducted inside of the building. 2. There shall be no kiosks, temporary tents, or canopies allowed on the site. 3. The applicant shall install Category VI landscaping along all street frontages. The privacy fence along the western property line shall be maintained in good condition. 4. No pennant signs shall be allowed on the site. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. All sidewalks depicted in the vicinity of this application shall be replaced by the applicant according to current Public Works Specifications and Standards, which include a five-foot minimum width. 7. The pedestrian walkway to the facility from Laskin Road shall be provided accordance with Section 246(d) of the Zoning Ordinance. The walkway shall be constructed of brick pavers to match the building. 8. Signage for the site shall be limited to: a. traffic control signs; b. one monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick; and c. One building-mounted "OIL CHANGE" sign and oil can logo as depicted in the submitted exhibit entitled "Take 5 Oil Change Laskin Road Site Elements Exhibit" prepared by American Engineering. 1 II I I TAKE 5 OIL CHANGE (Laskin Road Location) Page 3of3 9. Any dumpster and/or air and vacuum areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with Section 245(e) of the Zoning Ordinance. 10.The site shall be developed in substantial conformance with the submitted site plan entitled "Take 5 Oil, , VIRGINIA BEACH, VA 23464," dated 01/28/2015, and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 11.The building shall be constructed in substantial conformance with the elevation entitled, "TAKE5 / 5 MINUTE OIL CHANGE," dated 11/03/2014, containing a dark bronze metal room, "Golden Needles" EIFS main color and "Country Cream" EIFS accent color, and prepared by Childrey Robinson Associates, with the exception that the door on the western façade shall be covered with a metal standing seam roof canopy in accordance with Section 246(d) of the Zoning Ordinance. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 12.There shall be no bulk storage or motor vehicle sales on the subject site. 13.This Conditional Use Permit for an automobile repair oil change facility shall expire ten (10) years from the date of City Council approval. To continue the use of Automobile Repair - Oil Change Facility after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of the proper application in effect at that time. 14.The four (4) bay-overhead doors facing Laskin Road shall remain closed at all times except when customer vehicles exit through the doors upon completion of service. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentA ,t../----------- City Manage t\--cvkiire--t IIBEACH 4 Take 5 Oil Change, LLC A18 Ale R February 11, 2015 Public nri t >75 dB Ldn Hearing A B2 82 111: ; APPLICANT: TAKE 5 OIL B2 '4614 � � � L CHANGE, LLC ' APZ S e ; \" PROPERTY OWNER: '75.dB `" "` 0 1928 LASKIN RD, ; -- j ti il-��� LLC (C/O TERRY rw.r..c.Mrr.fteu...n..Son w..+.. CUP Automobile RepsirGrage VEITH) STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit(Automobile Repair—oil change facility) ADDRESS/DESCRIPTION: 1928 Laskin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24074749910000 BEACH 30,056 square feet Greater than 75 dB (0.69 acres) DNL(APZ-1 [southeastern corner] and APZ-2 [majority of site] • 0 BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to develop the site with an automobile repair facility. A Conditional Use Permit for a motor vehicle service station with fueling pumps and three service bays was approved for the site by City Council on April 14, 1969. City records indicate that the service station was replaced in 1985 with a new service station. That service station was demolished in January 2006, and the site has been vacant since that time. The applicant proposes to build a four-bay, 1,980 square foot oil change facility on the site. The site is zoned B-2 Community Business, which requires a Conditional Use Permit for the oil change facility, as TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 1 the definition in the Zoning Ordinance of an Automobile Repair Establishment includes oil change service, lubrication, and limited maintenance. The proposed hours of operation are 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 9:00 a.m. to 5:00 p.m. on Sunday. The facility will employ approximately six people per shift. Details Site Layout—The submitted site plan depicts a 1,980 square foot standard prototype"Take 5 Oil Change" facility located on a 30,056 square foot outparcel of the Regency Hilltop Shopping Center. The building will be oriented parallel to Laskin Road, with four service bays facing Laskin Road. The building is set back 65 feet from the public right-of-way(or 99 feet from the edge of curb).A 25-foot Virginia Power easement along the southern lot line prevents any structures or trees from being located any closer to the right-of-way. Six parking spaces and a dumpster enclosure are depicted in the northeast corner of the site. Access and Circulation—Vehicle access to the site is currently via two curb cuts along Laskin Road and two on Regency Drive, as well as via cross-access easements with the parcels to the north and west. The proposed site improvements would eliminate the two curb cuts closest to the intersection of Laskin Road and Regency Drive, and replace each with curb and gutter, a four foot sidewalk, and turf. Vehicles waiting for service will queue behind the facility, pull into the bays, and then circulate clockwise to exit the site. Landscaping—The site plan depicts a black aluminum fence with brick posts along the southern and eastern property lines, along with a row of foundation shrubs to provide a screen from the adjacent rights- of-way. Eleven small trees will be placed behind this fence to provide an additional layer of screening. The site interior, including the building foundation, parking area, and dumpster enclosure, will include areas of trees and shrubs. Architecture—The submitted architectural elevations depict a standard prototype Take 5 Oil Change facility constructed of tan and cream-colored EIFS. A brick skirt wraps around the foundation of the building, providing some variation to the façade. Variation to the flat roof is provided be a tower feature with a dark grey standing seam metal roof, as well as a Hardieplank®frieze and EIFS brackets. An air conditioning vent will be installed at the base of the façade facing Laskin Road, and will be screened by low foundation shrubs. Signs—The submitted Site Elements Exhibit includes two building-mounted signs as permitted by the Zoning Ordinance.A red "OIL CHANGE" building sign will be mounted on the tan-colored EIFS band at the top of the building, while a 5 %2'X 4'Take 5 oil can logo will be mounted on the tower will frame. A monument sign with the oil can logo will be placed at the southeastern corner of the lot adjacent to the intersection. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped (most recently used for automobile service station) SURROUNDING LAND North: • Restaurant and retail establishments/B-2 Community USE AND ZONING: Business District South: • Laskin Road TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 2 • Across Laskin Road, vacant lot and office building/B-2 Community Business District East: • Regency Drive • Across Regency Drive, gas station/ B-2 Community Business District West: • Restaurant/B-2 Community Business District NATURAL RESOURCE AND The site is located within the Wolfsnare Creek sub-watershed and CULTURAL FEATURES: the Chesapeake Bay Resource Management Area. The site cover consists of gravel, asphalt, and cement that remain from a prior development. There are no known features of cultural significance on the site. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area(SGA), as identified by the 2009 Comprehensive Plan. Land use and development within this SGA is provided by the Hilltop SGA Master Plan, adopted by the City Council on August 28, 2012. This site is located in one of the six"Development Case Studies" presented by the SGA Plan. The Case Study areas have specific recommendations based on the greater attention each received during the planning process for the SGA. The"Regency Hilltop Shopping Center" area is called out as having a high potential for mixed-use and walkable redevelopment. The plan calls for nonresidential mixed-use with building heights up to five stories(pp. 39-40). This area represents a key opportunity to create a"regional destination for retail shopping, high-quality office space, and beautiful passive park space" (p. 48). The implementation plan recommends modifying the existing layout of the shopping center's parking and drive aisles to create a new street grid and central space(p. 48). 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road at this location is a four-lane divided major urban arterial. In addition to the existing four- lane section of road, there is one two-lane local access road parallel to the mainline portion of roadway on the south side of Laskin Road. The existing right-of-way is 180 feet in width. The Master Transportation Plan recommends a six-lane facility within a 165-foot wide right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. Regency Drive is a two-lane divided local street. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning at capacity at a Level of Service D. There is a Roadway Capital Improvement Program Project slated for this area. Laskin Road—Phase I (CIP 2-156) is for the construction of an eight-lane divided highway within a 160-foot wide right-of-way from Republic Road to Winwood Drive and a six-lane divided highway with multi-use path and sidewalk within a 150-foot wide right-of-way from Winwood Drive to Oriole Drive. These project limits include the intersections at First Colonial Road and at Birdneck Road. Right-of-way acquisition is complete; however, construction will be delayed beyond 2018 due to lack of funding for construction. TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 3 TRAFFIC Street Name Present Present Capacity Generated Traffic Volume Laskin Road 29,951 ADT ' 17,300 ADT '(LOS a"C") Existing Land Use 2—0 31,700 ADT ' (LOS 4"E") ADT Regency Drive 9,520 ADT ' 6,200 ADT '(LOS 4"C") Proposed Land Use 3— (Four-lane urban minor arterial) 11,100 ADT ' (LOS 4"E") 160 ADT 'Average Daily Trips 2 vacant lot 3 as defined by"oil change service—4 servicing bays" 4 LOS=Level of Service PUBLIC WORKS/TRAFFIC ENGINEERING: The curb line radii at the Regency Drive entrance needs to be increased to 15 feet in order to meet the City's standards. Future comments will be forthcoming upon a site plan submission. WATER AND SEWER: This site currently connects to City water. This site is connected to City sanitary sewer. Pump Station#260, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station#260 and the sanitary sewer collection is required to ensure future flows can be accommodated. • • EVALUATION AND RECOMMENDATION Staff cannot recommend approval of this application. The use and proposed site plan are not consistent with the long term vision, design principles, and development standards of the Hilltop Strategic Growth Area Plan. Furthermore, the plans do not conform to several mandatory provisions of Sections 243 through 249 of the City Zoning Ordinance, `Design Standards for Retail Establishments and Shopping Centers,' nor'Public Works Specifications and Standards'for pedestrian walkways. The following provides the design principles that are used to guide the implementation of the Hilltop SGA, along with a description of the relevance of each to the application. Design Principles for the Hilltop Strategic Growth Area: 1. Build a network of streets to improve traffic flow. Not applicable 2. Provide trails and sidewalks for pedestrians and cyclists. The proposal would not replace the existing substandard sidewalks along the street frontage. The site plan shows four-foot-wide sidewalks to be installed across the vacated curb cuts near the intersection of Laskin Road and Regency Drive, which are one foot short of the Public Works standard(Public Works Specifications and Standards,page 6- TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 4 II 2, 6.3.1). The proposal does include pedestrian markings across the curb cuts to be retained with this development, as well as a five-foot pedestrian connection the Laskin Road sidewalk. No pedestrian connection is proposed to Regency Drive. 3. Provide a mix of retail, restaurants, and office uses. The proposal is for an oil change facility only, and would not contain a mix of uses or be part of a unified commercial center of the type recommended by the SGA Plan. Staff had recommended that the applicant consider alternative designs that include second story office space (either for lease or the office for the facility), or a reorientation of the building that would provide room at the southeast corner for a use that conforms to the provisions of the SGA plan. The applicant has not indicated interest in either of these design alternatives. 4. Build on existing health care,food, and adjacent recreational assets. The proposal is for a prototype oil change facility that does not incorporate or build onto existing assets surrounding the site. The site, however, is located adjacent to two restaurants, and vehicles may utilize cross-access easements to access these restaurants without returning to the street. 5. Match quality of local businesses with equally memorable built setting. The proposal is for a use that, in staff's opinion, does not create a memorable or unique built setting, but rather provides an example of site design that would be better suited for a traditional suburban commercial strip. The applicant has worked with staff to provide attractive building elevations that exceed the Retail Design Guidelines by limiting primary colors and using high-quality building materials. 6. Provide additional transit connections to Hilltop. The site is situated along the 20 and 29 Hampton Roads Transit(HRT) bus routes. An existing bus stop is located across Regency Drive from the site. The site is also located along all four of the alternative alignments considered in the Hilltop SGA plan for the future light rail extension. 7. Comply with AICUZ land use zoning requirements. Uses associated with automobile repair, such as oil change facilities, are compatible uses within the subject site's AICUZ and APZ. 8. Reduce land areas devoted to parking and replace with more productive uses. The proposal limits the amount of space on site used for parking to the minimum required by the City Zoning Ordinance. The submitted site plan does depict a large area of space in the rear of the lot that would not be put into a productive use at this time. 9. Revisit and update old plans for roads and infrastructure. Not applicable. 10. Incorporate an Urban Tree Canopy Program. Not applicable. In addition to the general design principles listed above, the Hilltop SGA Plan also includes specific criteria for development within the Hilltop SGA. These development standards are listed below, along with a description of the standard's relevance to the application. Development Standards for the Hilltop Strategic Growth Area: TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 5 I II I i Frontage Landscaping 1. Prioritize the street experience The proposed use is almost completely auto-oriented, and prioritizes efficient vehicular ingress/egress rather than the pedestrian experience. The proposal would retain the existing substandard sidewalks along Laskin Road and Regency Drive, and would provide a specific pedestrian connection to the site. As noted at the beginning of the report, the twenty-five foot Virginia Power easement along the southern lot line prevents the applicant from pulling the building closer to Laskin Road. 2. Provide shaded circulation The submitted site plan includes a planting schedule of three large trees and nine small trees. Given the placement of these trees and the adjacent sidewalks along the southern and eastern lot lines in relation to the sun's position in the sky, pedestrians on the periphery of the site would not be shaded during most hours of day. Certain sections of the sidewalk along Regency Drive could expect shade during the late afternoon hours given a tree species with a wide canopy. 3. Provide small setbacks The oil change building would be set back sixty-five feet from the public right-of-way on Laskin Road(ninety-nine feet from the edge of curb) and thirty-six feet from the public right of way(forty-six feet from the edge of curb) on Regency Drive. Staff had requested that the applicant either move the building to the northwest corner of the lot to leave space near the intersection for a more appropriate use, or reorient the building 90 degrees in order to reduce the visual impact of the bay doors from Laskin Road. The applicant's representative has indicated that neither of these reorientations would be proposed for this site, although staff has found at least one other Take 5 facility built elsewhere with such an orientation. 4. Create large sidewalks for pedestrian walkability, outdoor seating, and landscaping The site plan depicts four-foot wide sidewalks along Laskin Road and Regency Drive to be installed with the proposal, which are not designed to the current five-foot wide Public Works Standard. In addition, the Hilltop SGA plan calls for an 8 to 10-foot shared use path along Laskin Road in this vicinity. Staff had requested that the applicant consider replacing the sidewalks accordingly, and the applicant did not indicate that this would be proposed with this application. Street Furnishings 1. Located approximately within the public realm of streets The submitted site plan does not provide for any street furnishings, either on site or in the adjacent right-of-way. Staff had requested that the applicant consider providing a `pocket park"or other active open space feature on the site, and the applicant did not indicate that this would be proposed with this application. 2. Proper frequency and affixed to the ground The submitted site plan does not provide for any street furnishings, so this standard is not applicable. 3. Help to define the pedestrian realm and provide amenity for alternative forms of transportation TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 6 The submitted site plan does not include any street furnishings, although the black aluminum fence and street front shrubs and trees provide continuous landscaping along the rights-of-way on Laskin Road and Regency Drive to define a wide pedestrian realm. No specific provisions are made for alternative forms of transportation. Exterior Signage 1. Appropriately located to be readable and accessible to pedestrians. The signage depicted in the submitted building elevations is readable to pedestrians, but is scaled and placed on the site to be viewed from a vehicle. 2. Well designed and graphically 'clean.' The submitted sign exhibit includes a total of three signs, all of which have a clean appearance that meet the Zoning Ordinance requirements. 3. May be mounted on light poles and suspended from buildings. Not Applicable. 4. Encouraged materials include painted wood and sheet aluminum. A description of the sign materials was not included with the application. Lighting 1. Architectural design which adds to character and sense of place Lighting has not been addressed in the site plan, although the architectural elevations depict building-mounted light fixtures on three facades of the facility. The applicant's representative has indicated that these fixtures would project light downwards to accentuate the checkered patterns on the bay door columns. 2. LED, dark-sky lighting Not applicable. 3. Tool-less entry fixtures for easy maintenance Not applicable. Parking—Surface Lots 1. Generally located at the rear or to the side of buildings Parking is limited to the interior and rear of the site. 2. Buildings provide screening along primary streets; shade trees, landscaping, and low walls provide screening along secondary and tertiary streets The building is setback 65 feet from the right-of-way and 99 feet from the edge of curb along Laskin Road, which is the primary street in the vicinity of this application. At such a distance, the building is not able to fully screen the parking except from a northwest- facing vantage point at the intersection of Laskin Road and Regency Drive. As mentioned earlier, the parking area is screened with shrubs and trees. 3. Minimal visibility should occur along primary streets TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 7 The primary entrance to the site is located within the VEPCO easement, which limits the amount of screening that can be provided. 4. Wayfindino methods should be clear for access of pedestrians and vehicles Vehicle wayfinding arrows are depicted on the site plan to guide internal circulation, as is a five-foot-wide pedestrian crossing across the drive aisle. Pedestrian walkways are proposed to connect the sidewalks across the two drive aisles. Retail Design Standards for Out-Parcels in Shopping Centers (Sections 243-249 of the Zoning Ordinance): The proposal does not conform to several mandatory provisions of the Zoning Ordinance's Design Standards for Retail Establishments and Shopping Centers. These standards provide baseline criteria for the site and architectural design of retail establishments and shopping centers located outside of the Strategic Growth Areas where unique, district-level zoning has not yet been adopted, such as the OR Oceanfront Resort District and the CBC Central Business Core District. The relevant sections of the zoning ordinance that apply but are deficient with this proposal are outlined below. Section 246(d). Site design; Pedestrian Access. (1) Sidewalks shall be located along public rights-of-way in accordance with department of public works engineering specifications and standards. The sidewalks in proximity to the site are too narrow and not in accordance with Public Works standards. (2) Connecting internal pedestrian walkways, no less than five(5)feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all anchor tenant buildings on the site. Outparcels shall be connected to each other, to the main shopping center and to the public sidewalk system by pedestrian pathways. In addition, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and parking areas. The submitted site plan would replace existing curb cuts with new and substandard sections of the sidewalk along Laskin Road and Regency Drive. No pedestrian walkway is proposed from the building to Regency Drive. (3) Entrances shall include weather protection features such as awnings or arcades having a width at least double that of the doorways over which they are located. The door depicted on the architectural elevations does not contain such a feature. (4) All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or other architectural treatments to enhance pedestrian safety and comfort. A description of the material to be used for the proposed pedestrian crosswalks has not been provided. Summary The site plan depicts the oil change facility in the middle of the lot, rather than pulled up to the street on Laskin Road or Regency Drive due to the prohibitive design constraints of the Virginia Power easement. TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 8 I II I While the easement on the site prevents a site design with a typical urban building height-to-street-width ratio along Laskin Road as is desired in the Hilltop SGA, a different use and site design could still provide a more pedestrian-oriented space and desirable activation of the store frontage. Also, the placement of the facility in the middle of the lot prevents another use from co-locating on the site in the future that could foreseeably conform to the provisions of the SGA Plan. Staff had requested that the applicant consider reorienting the facility to the rear of the lot for this purpose, but the applicant has indicated that streetfront visibility is necessary for their business model. Land uses primarily oriented to the movement, parking, and service of automobiles, such as an Auto Repair Establishment, are not recommended for the Hilltop SGA. Such uses are inconsistent with the long term vision for Hilltop as a major urban office and retail destination in an urban pattern. Of significance, since customers do not normally leave their vehicles for the duration of their time on the site, the use is almost completely auto-oriented, devoid of the pedestrian activity that serves as one of the key design principles of the Hilltop SGA Plan. Staff recommends denial of this request. TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 9 i V , . „.,„.. t,,44P--- • , ._ '1;1f :iii, '''''-;- 'jr:.!: ll 0 v • ,- _ as y 6. i ,...r ^ < - — , O4 • i p Far - ..7 :'' i-' 0, 3 fl ft a � � .� � -(OR NL 1 ; --J, R �) ,..„,/ tt 'y ' i' I `� Oes e , (� 1 - t • a .1 "I f .7P; , l 1 '''? ' ' - ', .._>,-1%4 '''.''''''''', r"11*1. >I,! 4' 0, , -; / -71,1"4om . ir.f. \,,i ''''''',///, i e)Ili ''X../''''.4"1 '' 7,:‘,/,:" '''''.''::e' l' ''''''' .: e 1 AERIAL OF SITE LOCATION '(./, TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 10 k ';',441i :} T. � OF nUR ,,,\c ..4"4 �'z,-ls...v4' 1 T1179 MTV AIIYYI MI 2_8U JaaU 8U �':e� �' i c ! I 3T g N )IIo ^f A it0 g win .. .. i gg i : NVDIaa illi r- Ili �i illiiii a x1,lii;l a iit H1111011'111 ill=..;E..•.m...•!®z Il;..IIS, . s 0 011le�fl...1.11 I 1117' O « i ;i iiiiiiiii:lie 9 I.•..m..rg.j..¢ S s i ii ! 1•. _i it • 1"li ie . ! i! ! !l - `i W l Y Y Y . REGENCY ORNE(WY RINI r� , � i i i � fr r S • ; hill ; —. ! r ' I y Mat ...�M���. t.,.W, f r {e., iii cJ 0 i. camsYh1 ' .r 1 II +L ,!';!` S € %'I J, +s►=►Ii 1 7+ I I f I I 11 .; I t liij!�•� ii �y[i{i / $ �i�il 1. j 1 i 4 I ' 41, hi le 8 a 1;1111 I i ii 141 iT PROPOSED SITE PLAN 76, TAKE 5 OIL CHANGE, LLC .. Agenda Item 4 aM+ Pa•e_11 = F a i. F.....,..;._ Lox- AZ��N M.OURuR NH I 1 e t , t e ' r 1 REGENCY DRIVE(80'R/W) q `Y MI IIe.PG eq Cj t t i P i t ti . 6 ____ ____- - --::-= -,.! ..t.-- 7--------) ; ; t it, ir- -- di _ — -..--- t e i d INNIIII � 1 . . ..a....„4 ,/ a_ __,• __ , _, , .._•:•••ii, . ii g 1 ta. F i -r 1,11,: -.,„, ._,L) -, ' 11„: • r §r )- �• 4• !. s' i d ii '� `' i 1 e e s :_I_ — L.! 11 t i L Y I r SS // M I m G I,Y 6 1 1 11 ou � ' t e Q r s �I -' t ' 11 o ;4-- I a 1 co Ccs G' +:21 4.1 --,j • • . •.•• ' \I int _ _ M� ' " fR I 4. „ -Ra e- e� 1i II I` g,B I,C]I b � ( e " i `� y ' v'IVI g2 0 ' d I U3 $ P I !sa ; a ,v0 � i_$v $~ Qa §5 1i .Wo °-§4.15 �� U o U is oa m r 01, Un ' s _ 'fa ti PROPOSED SITE PLAN (ENLARGED) TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 12 1 • • H31 ,r, ..,,,--.. 1 tc...Y5,424:1,,..-, 00,1 i I. I .1 8 ; WI y7 IN•I\fr.,\., Oil!II I i i 1 3ONVH0 110 3inNivg S/S 3NV1 It 11 i i[ i- ' ' - Mk . . 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E .,, ei,.. „,.. u . _____, III _I - IIIL 1 1 ill , ii is S 11 6 I . ili i' I, • i PROPOSED ARCHITECTURAL ELEVATIONS TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 13 ,: 1 ill III c . d.74 t gan4 Zm� e N 211 a1120 a� m Vad�G)>,_w_''C cE 4aW��3 CD .- .0 t 3 -Ai my W wo LU 0 D MIMI co Ca co in w LE to 4J c -0 X N co fo Lu -F,u (: c 03 Oi in CZ I N S # cu cu 111 LL '=11t • N O I— Q. � : to o c a co a o a Q c 0 u SIGN DETAILS TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 14 BEACH , Map Jo ca� Take 5 Oil Change, LLC {J..-- '—s ' LL.------A c � mar tw fi • A18 �i 1 A1$ I:�„o =l. , r'` -.... 1 i f B2 132/ --,,,,,,,,„, 10 v3 10. _A, c, 4\--\ k ---__ OPO �'"' -\\- ',r 4 OS�N7 r< i w R10 .-„,,,,.. 4---Aptio <, N ' \N-, ;' \ z B ,. � VA \\,,s----\ _,-----;.., Ar----4 ,1 >7-, \till IP, n . 4 ,, R10 V/ ...r..”" awLL'"c 'Zoning with Conditions,Proffers.Open Space Promotion CUP Automobile Repair Garage ZONING HISTORY # DATE REQUEST ACTION 1 04/14/1969 Change of Zoning—CL-2 Limited Commercial to CG General Approved Commercial District 04/14/1969 Conditional Use Permit— Gas Supply Station Approved 2 01/11/2005 Modification of Conditions—Auto Sales and Service Approved 09/10/2002 Conditional Use Permit— Expansion of Auto Sales Approved 05/12/1998 Conditional Use Permit—Auto Rental Approved 06/27/1995 Conditional Use Permit -Auto Sales and Service Approved 09/08/1969 Conditional Use Permit -Auto Sales Approved 3 01/17/1977 Conditional Use Permit- Convenience Store with Fuel Sales Approved 4 05/09/2000 Conditional Use Permit— Expansion of Auto Sales Approved 08/26/1997 Conditional Use Permit—Auto Sales and Service Approved 5 06/08/1999 Conditional Use Permit—Auto Sales And Service Approved TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 15 4.rS9 x a � r � '�r �sv " ,-y�_.,....,,, ,,..;,,-,..,,::!'k', �`` ,' �� 7J , yi }J i'' �, r < ar �,- ! •''''. rt „":.,,,,,-1:•.:-,./..,;,:••,4„-',._!..,,;•,” 4 1 I jsetd � 1. 4 ;G i� P r x{' s x�: pfd i'�t tr"`" 1" r e' a,. , k 'X- r a' E'tt"r t y ;;2 ° ,..„}ter t- ,t 3 d u t e' '�# , .- -if- ,'-'-si:,•'-kii, ,,,A,,,,- I 777 :.-.,;.....7,..,'..,. pt xi+.. 1. ' H Ij t `�i(: 1 .., `�' ��}' .r: .yea z A 7 t m. µ t' YY T E t Yrs c Yt"',, fD f` " y, } A f 1z `is �* i 1 t. 1 ''''''''''':- '• '"•St... .' c:-4.: ',t i. �. ,. �QQQ ti...... .3....,.:::',1-7....;:7 ;',.:!:,„...,;::, � i`.t {S" •1�*` • "2 �®.� IT Q ,� 41 ` 's hai � r .4.;,. Hyl i4 it • s y 1 } -_ . r. r ) TAKE 5 OIL •CHANGE, LLC Agenda Item 4 Page 16 I Id 4 Q 1k • v - u u 3 $ 3; i ''' '-'"I`4..i.:icl:::, il•t/ It �t 1 ry , I ' 74, . '+fl•. 4. ,,,,,- . , L. #U ‘. , i , ,... , >lb,. ,,.., ._.„_ , i\ , .,, i,/•- ' I f - - . . 7,.. . I 5 r. I j I i ! a't,„:..... f � , ts,,,„::,4 s t S ' As ,..,*'"'s�' el t x TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 17 -. il .-,:::*. .;ti:r;'', ', ,,, i 4 4 S, 1. ) ... g Y :;::: 4 Mt z'T 4:. sa _ i • 1 tr , Il� s 0 m J1 G 1 $ z , i i TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 18 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attached ' I 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 ' relationship with the applicant: (Attach list if necessary) See Attached , HCheck 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. g 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) See a4lackeci Opera n5 A-cyee.rrie - 1925 Laskin Road L. L C- 2. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 t relationship with the applicant: (Attach list if necessary) F Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 10 & 2 See next page for footnotes Does an official or employee of th City of Virginia Beach have an interest in the subject land? Yes I No If yes, what is the name of the official or employee and the nature of their interest? I- DISCLOSURE STATEMENT TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 19 I II I i 4 4 ADDITIONAL DISCLOSURES aList 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) t ' 1 I 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. I 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 I 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 I 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. Appli nt's Sipature Print Namd • Property Owner's Signature(if different than applicant) Print Name 1°128 Lask\n. Road) L . L.C. ernbe.r Conditional Use Permit Appicavon DISCLOSURE STATEMENT TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 20 II I i i t�� �r Take 5 Oil Change,LLC !Q' Corporate Office Q ; f . r4](ESI 2450 Severn Ave.#308 3 ,e `' Metairie,Louisiana 70001 (504)837-0670 fry`s ' Fax(504)828-2238 M'�iur¢o�c� Take 5 Oil Change,LLC Officers Troy D.Templeton Chairman of the Board 6250 SW 130 Terrace Miami,FL 33156 305-740-8121 Jon E.Elias Vice President 400 Alton Rd#3203 Miami Beach,Fl 33139 305-215-6905 Russ Wilson Vice President 5611 San Vicente St Coral Gables,FL 33156 786-239-7810 David Gershman General Counsel,Secretary 6124 SW 104th St Authorized Signatory Pinecrest,FL 33156 305-467-6959 Phyllis Dennis Assistant Secretary 5161 Collins Ave#12 Miami Beach,FL 33140 786-547-4167 Peter J.Frey President 540 Kimberly Ann Mandeville,LA 70471 504-259-2265 Lisa Jackson Controller 6212 Morton St. Metairie,LA 70003 504-888-1456 Troy D,Tremploron Jon E R Won Deshman CONSTITUTING ALL THE MEMBERS OF THE BOARD OF TAKE 6 OIL CHANGE,INC. TAKE 5 OIL CHANGE, LLC Agenda Item 4 Page 21 Item#5 Take 5 Oil Change, L.L.C. Conditional Use Permit (Automobile Repair—oil change facility 1928 Laskin Road District 6 Beach February 11, 2015 REGULAR Jeff Hodgson: Mr. Secretary, please call the next item. Phil Russo: Mr. Chairman,the next item on the agenda is an application of Take 5 Oil Change, L.L.C.for a Conditional Use Permit on property located at 1928 Laskin Road, District 6, Beach. Mr. Chairman,the first speaker is Rob Heavner. Jeff Hodgson: Good afternoon. Pete Burkhimer: Mr. Chairman,Vice-Chairman, and members of the Commission, if it is your pleasure, I am Pete Burkhimer, agent for the applicant, and I would like to go first.The other speakers will follow. Thank you very much. It is a pleasure to be before you. I am Pete Burkhimer of American Engineering Associates, 3351 Stone Shore Road, here in Virginia Beach. I'm here on behalf of Take 5 Oil Change. Mr. Henry Robert is here, who is an agent of Take 5, actually, he is an employee of them,along with several representatives of the group that own the property at present. I'll start by thanking Graham Owen and staff for working with us on this project, helping us to understand what their goals and the City's goals are in making it a better project, even though we didn't get to a recommendation for approval. It has been a case study on how to disagree without being disagreeable, and I thank them for that. Your staff report is very complete. I'm not going to waste your time by recapping all the details of it. Let's go right to the reason why this item carries a recommendation for disapproval,or denial,due to nonconformity with the Hilltop Strategic Growth Area revisions of your 2009 Comprehensive Plan.We've reviewed the Hilltop SGA Plan, and it certainly presents a beautiful vision of this overall site,this overall area of our city as a non-residential mix of high-quality office, pedestrian-friendly retail, and to "beautiful passive park space.". A vision such as that is not going to come true overnight, and it won't happen with just this parcel, or even with this parcel and the Regency Hilltop Shopping Center, of which it is part. It is a major private investment,and coupled with the public participation that will be required in the overall SGA, as well as in this immediate area, it will help make this vision come true. As of now, we can't even fund the Laskin Road improvement project by VDOT,which has been in the works for more than a decade. I'm not here to cast gloom and doom over this vision. As was discussed this morning,grand visions like this take decades sometimes to come to fruition.All we want to do is allow the owners some return on their investment,which has been sitting idle for almost ten years now, really about nine years as an interim or placeholder use until the SGA or whatever subsequent vision may be had for it, during some subsequent 5 year iteration of the Comprehensive Plan. Things change as we all know, but it is a grand vision now. Why do we think, as your applicant and agent,that Take 5 is a good placeholder use? What are the characteristics you want in a good placeholder use? It ought to be viable for the time, but when market forces and other factors come into play,and it is time for the permitted use,or the ultimate desirable use to come into play, it ought to be able to be acquired and allow that grander use to move on. We think Take 5 fits this bill very nicely. It meets an immediate need. Yes it absolutely is an auto-oriented use. Laskin Road is a very high traffic corridor, but this project it is an auto-oriented I II I l i Item#5 Take 5 Oil Change, L.L.C. Page 2 use that is nicely done. We cooperated with staff's suggestion,which was to move away from the brighter primary colors that are their signature brand,even though branding is very,very important to a franchise such as Take 5. We softened that down considerably. We've added the simulated wrought- iron fencing. We beefed up the landscaping, and I'm here to apologize to you and to the staff for the confusion over the sidewalk. Who in the world would think we would let a little thing like five-foot sidewalk versus four-foot sidewalk get in the way of meeting a rule. It just didn't make sense to us to replace the sidewalk in the two fronting streets five-foot with four-foot when it is all going to be torn up when the road project finally does come through. But we understand better how important that is now, and in the revised stipulations that Graham has made available to you, Number six, I believe, in particular. We absolutely will come in and make all that sidewalk five-foot wide, if that is important. We will be happy to do it. But, I would point out that Take 5,the facility itself, it isn't like something you might put there that requires huge investments of capital. For example,we don't have hydraulic lifts. We don't have deep dug pits with the drainage challenges that brings for the people to get in and change the oil. They do the oil changes in shallow pits where the workers just slide in in the horizontal position to change the oil. There is no underground tankage whatsoever. It is very simple operation. The fluids are stored above-ground on premises, in modest quantities and replenished frequently. The drivers come up to the back door, they pull in when they are cued to,they get their oil changed while they are sitting in the vehicle, and they pull ahead and safely egress to the signal or to the right-out entrance onto Laskin. It is a clean, neat use that meets a real need that we all have,and Take 5 is trying to work with the City of Virginia Beach to do another one of these in an area where there is certainly a need. And Take 5 is the first folks to come along in some time, ready to make a deal for the folks who have been good stewards owning this property for some time. Does the property in its current vacant state, I would ask you,create a positive perception of this area that might help build enthusiasm for the grander solution down the line. I would submit that it doesn't. Yes,you have to have an assemblage to really do the full SGA plan here. I guess one last point I would like to address before I simply ask for your support on this as an interim use, is the notion that the bay doors shouldn't face Laskin Road? And I am not saying that's a wrong perception, I'm just saying there are two sides of that coin, and I would like to present the other side to you. If this was already a predominately pedestrian-oriented area, I think that would be a stronger point, but since it is a vehicular corridor right now, picture yourself driving west on Laskin Road, approaching the Regency intersection,coming up on the stop light. Let's say you're doing 40 MPH,or so, and you got the green light,when you're 500, 600, or 700 feet away from Take 5,you're not going to see the bay doors or at most you will get an oblique view of them. If you rotated that site 90 degrees, you would be seeing the bay doors for the whole time frame,and you would be seeing the signage on that side of the building. With the bay doors rotated the way they are proposed, by the time you get to where you have a clear view of them, it would take about a 45 degree swivel of the head to see that, and at that time, if you're smart,on a road that busy,you better be looking straight ahead and paying attention to your driving. I think it is a valid point to orient the bay doors away from Laskin Road in some circumstances, but here,where there are no lifts inside, nobody is running air tools, changing tires, nobody is welding or making a whole lot of noise that disrupts the scene. You just got a very quiet, clean, neat little operation going on. What is so bad about the bay doors facing forward in this context of a Take 5 Oil Change on Laskin Road? Again,just think about that a little bit. Not knocking the whole idea that sometimes it is the right thing to do but maybe sometimes it isn't. Respectfully,very respectfully, and in appreciation for your patient hearing of this and for the staff's good work on the staff report,we would ask you to look at this as an interim use. No,Take 5 is not amenable to a limiting condition of only ten years, because what if it is 20 or 25 years before the permanent use comes into place. They really don't want have to come back and renew the Use Permit or try to under those Item#5 Take 5 Oil Change, L.L.C. Page 3 circumstances. Let's let market forces solve this. If the market really wants the SGA's vision of a walkable destination shopping center,with some offices mixed in, Lord, I will be the first to be glad that demand for office space is back, because that is what it will signal. Then, buying up this little operation will be the least of anybody's problems in putting everything needed together to do this job. So, again, thank you very much for your hearing me, and on behalf of Take 5,we very much appreciate a unanimous vote recommending this favorably to City Council,. Jeff Hodgson: Before you sit down, Peter Burkhimer: Yes sir. Jeff Hodgson: The revised recommended condition sheet that Mr. Owen handed out, have you seen the latest sheet? Pete Burkhimer: Mr. Robert and I have seen them, and we are in agreement. Jeff Hodgson: Okay. Are there any questions for Mr. Burkhimer? Thank you. Phil Russo: Actually, Mr. Burkhimer,we have other speakers here. You said Mr. Robert is with you? Pete Burkimer: He is. He would really be the logical next speaker, if that makes sense? Phil Russo: Okay. Well. Our next speaker is Henry Robert. Jeff Hodgson: Good afternoon. Henry Robert: Good afternoon members of the Planning Commission. My name is Henry Robert. I am one of the directors with Take 5 Oil Change, right out of New Orleans. I just wanted to come up here and introduce myself and the company. I don't have a whole lot to add to what Peter had to say. Take 5 is a 30-year old company. We are out of New Orleans. I myself have been with the company for 20 plus years. We've got 43 stores now, and we're looking to grow here in the area. Laskin Road would be our fourth store in this region. We're looking forward to working with you guys, and getting this one done as well as some more. Thank you.That is really all that I have. Jeff Hodgson: Are there any questions for Mr. Robert? Ronald Ripley: I have a question.The overhead doors,are they left open? Henry Robert: Our doors are open all day. Yes. We are a drive-thru service. We pull the cars right in, do our service. It takes five minutes.We give the customer a drink.We do our service within that time that it takes him to drink that drink. Ronald Ripley: Do the front doors stay open all the time too? Henry Robert: They do. I II I l i Item#5 Take 5 Oil Change, L.L.C. Page 4 Ronald Ripley: Do you have a situation where you shut them? Henry Robert: Bad weather, rain coming through. We have to close them obviously for that. There will be time,weather-wise. Ronald Ripley: Is that part of your marketing or something so people can see the activity or what? Henry Robert: The doors being open? Ronald Ripley: Being open. Henry Robert: It is for the operation the speed of the operation. Everything.You need to be able to pull the car in right away. Ronald Ripley: I pull into my car dealership and the doors automatically open. I drive in,and when you pull up, it automatically opens. There is a motion detector I guess. Henry Robert: How do you know if they are open or not, if their doors are down? Ronald Ripley: Excuse me? Henry Robert: How can you tell if they are open for business? Ronald Ripley:Their hours of operation. Most people have business during normal business hours. Henry Robert: Right. Ronald Ripley: So,the activity you had you can see that it is active. Henry Robert: Okay. Ronald Ripley: So it is part of your marketing, I guess,to have the door open. Henry Robert: it is our motto. Yes, I wouldn't call it marketing, but yes, we like our bay doors open. It is not like an automobile shop. Your dealership for instance, where you pull in and you look in the back of the shop there are tool boxes. This is totally wide open. Ronald Ripley: What I am trying to get to is part of the objection seems,to me,from staff, is the presence of the automobile type service as being seen from the road,and if these garage doors were shut, and they were really quality doors, maybe that would have a difference. I don't know, but maybe staff would probably still object to it. I'm not putting words in their mouths, but I'm trying to understand how we could make your building more compatible with the guidelines we have in there. Right now, it doesn't appear to be. Henry Robert: Okay. Item#5 Take 5 Oil Change, L.L.C. Page 5 Ronald Ripley: We are trying to find ways to do it. So, it takes compromise. Henry Robert: Well, with the doors facing the street, we don't think it looks bad at all. It is not like an automotive looking building, other than the fact it is the use. But if we turn the building, and our building is only 27 feet deep. .. Ronald Ripley: I'm not asking you to turn the building. I am asking you about the open garage doors that face Laskin Road. Henry Robert: Right. Ronald Ripley: So that the people going by can't see the activity going in with those doors being left shut. Henry Robert: Our point, I guess, because there are no lifts and all that,there are no negative views. I guess that would be my answer. Ronald Ripley: I realize that is your point of view. If it was my business, it would look pretty to me too. Okay, but you have other people to please here; so, I am asking you, is that something you would consider? Again, I don't know if it makes any difference to the Commission up here or to staff. I'm just asking you that question. Henry Robert: We would consider it. Ronald Ripley: Thanks. Henry Robert: Thank you. Jeff Hodgson: Thank you. Dee Oliver: Chairman, I have a question. Where is the oil stored? I think they said you kept it on the premise? Henry Robert: The oil is stored,and if you look at the bottom left picture,the front elevation,there is a separate room all the way to the left hand side, and it is stored back there. Dee Oliver: It is stored inside the building Henry Robert: Inside the building away from the customer view and everything. Dee Oliver: How much oil do you keep on the premise that you take out. I am assuming this is oil that you take out of the cars. Henry Robert: Both the used oil that we remove from the cars as well as what we call our bulk tanks, which has the rails. Altogether,you're probably looking maybe 1,000 gallons back there at one time between the new and used. I II I i Item#5 Take 5 Oil Change, L.L.C. Page 6 Dee Oliver:And all that oil is contained inside the building? Henry Robert: It is all contained inside, and it has a secondary containment system so just in case there is any trouble. Not that we've ever had any. Dee Oliver: Right. And how often is it emptied? How often is it removed from the property? Henry Robert: Weekly. It depends on the volume of the shop, but weekly. Dee Oliver: And how is it removed from the property? Henry Robert: From an ISO 9001 company. It is all reused, recycled. Jeff Hodgson: So it is essentially with a tank truck? Dee Oliver: A tank truck comes in and pumps it out. Henry Robert: Correct. Dee Oliver: Once a week? Henry Robert: Yes. Henry Robert:Yes sir. Bob Thornton: How many cars do you envision going through this in a business day,typical? I know you haven't, but you don't know but your typical unit. Henry Robert: That unit should do at maturity about 80 cars a day. Bob Thornton:That is about ten an hour or less if you're open 12 hours. Henry Robert: Correct. Bob Thornton: Six an hour. One bay, per hour, okay. That's good. Thank you. Henry Robert: Okay. Jeff Hodgson: Are there any other question? Phil Russo: I have a question. Mr. Robert? Henry Robert: Yes. Phil Russo: Is this a franchise? Item#5 Take 5 Oil Change, L.L.C. Page 7 Henry Robert: Its' not. It's all company owned. Phil Russo: So it is not. Do you have the authority to make the decision about the bay or the position of? Henry Robert: I do not. Phil Russo: You do not. Okay. Henry Robert: That was the reason for saying we would consider. I really can't make that decision. Phil Russo: Okay, I am just trying to determine what any limitation you might have as far as compromising with the staff and affecting an application. Henry Robert: Well, I can affect it a lot. Something that is almost detrimental is a group decision. Phil Russo: Okay. Jeff Hodgson: Are there any other questions for Mr. Robert? Yes Mr. Inman? Mike Inman: It seems like looking at these statistics,we just kind of just worked up that you are only at maturity, opening each door one time every hour to allow a car to enter or you expect one car to go through any given bay per hour, one car per hour. That would not see to be a big deal to have the door down or use a motion sensor as Mr. Ripley alluded to in order to allow a couple of cars to enter and exit the facility. I understand your model and why you would have the model but it would not seem to be a big imposition. That is my observation about that. But, what's the size of the building in terms of what we are dealing with in terms of the future and possible removal of the building in the distant future because of the acquisition of the property for other uses? What's the size of this building? Henry Robert: I think it is 2000 square feet. Mike Inman: 2000. Bob Thornton: Do you have a lease on this property? Henry Robert: We do. Bob Thornton: How long do you intend to be here assuming you stay the length of the lease? What is your commitment to the site? Henry Robert: I don't have it with me. I want to say 20 to 25 years, with the option. Bob Thornton: So you got enough time to pay for your improvement? Henry Robert: Yes sir. Item#5 Take 5 Oil Change, L.L.C. Page 8 Bob Thornton: One of the questions that came up about opening the doors in the front, Mr. Ripley, do you intend for both sets of doors to be closed or just the Laskin Road? Ronald Ripley: Laskin Road. Bob Thornton: The back doors can stay open,so when somebody pulls in they go in and when they leave you open the door and let the door down. So what the public sees on the Laskin Road side is better looking than being able to look through those bays. So, I don't want you to think you have to have both sets of doors up and down all day long-just the front set. And that is what we need to talk about. Henry Robert: Okay. Jeff Hodgson: I don't want to speak for anyone up here, but I think what Ron is suggesting, we're trying to help you with this. Henry Robert: I understand. I appreciate it. Jeff Hodgson: And,those doors, that is a concern, but it was a concern that they are there period. But now, if we could just keep them down until cars access that.That would give everybody a little more of a piece of mind. Again, I don't want to speak for everyone up here. Henry Robert: Okay. Jeff Hodgson: Any other question for Mr. Robert? Thank you. Henry Robert: Thank you. Phil Russo: Our next speaker is Rob Heavner. Rob Heavner: Close enough. Phil Russo: Heaver? Rob Heavner: Good afternoon Mr. Chairman and members of the Planning Commission. My name is Rob Heavner. I am a retail broker for Take 5, and I'm here to speak for the applicant. Since this property was developed as a gas station,the City of Virginia Beach has adopted many changes to the Zoning Ordinance,which has somewhat provided hardship to the ownership. As you know, it is a postage stamp size piece of property,which is again,a hardship for the family that owns the property and also the tax revenue for the City of Virginia Beach. Take 5 offers an excellent opportunity for the owner and the City of Virginia Beach to offer and excellent appealing development. Over the past few decades,your'do it yourself' services have changed, especially your vehicle oil changes. During that time, we have witnessed families owning one vehicle to now owning over three. Take 5 provides that service requirement that it recycle its oil, and also a conscience about environmental safety, unlike the diminishing 'do-it-yourselfers.' Also, I would like to talk to you about those bay doors. It is a little bit inadequate on how many per hour. It is probably ten at peak times, lunch, after work.Those doors are Item#5 Take 5 Oil Change, L.L.C. Page 9 opening every three,four,five minutes; so, I think that would be a challenge just for the mechanical parts of that door. Also,you have landscape that is basically in front of that building, and along Laskin Road, and along the side road, which basically would help shelter some of the visibility of those doors. On behalf of Take 5, I request that you recommend approval. Thank you. Jeff Hodgson: Thank you Mr. Heavner. Are there any questions for Mr. Heavner? Thank you. Phil Russo: Our next speaker is Chris Hucke. Chris Hucke: Good afternoon. Phil Russo: Did I get that right? Chris Hucke: Close. I'm a broker with S L Nusbaum Realty, and I lease the property for the current landowner. And, I thought it would be helpful to come up and talk today about some of the potential end-users that I contacted,spoke with, marketed the property to, and share with you some of the reasons that they turned the site down ultimately, and it still sits empty and vacant. I think some of the uses that we have gone after and marketed the property to may be uses that the City of Virginia Beach ultimately is looking for in their redevelopment plan out there. But Krispy Kreme donuts was one of the tenants we have gone after. Also, a car dealership, Wendy's restaurants,Title Max, Meineke, Brusters Ice Cream, Rally's hamburger, Express Lube and Oil Change,tire shop, Dunkin Donuts,Wafflehouse,and Starbuck's Coffee; so,for various reasons and primarily though the size of the parcel, we have not been able to strike a deal with any of those potential end users. It is just a very small parcel, and either there is not enough building area for them or not enough stacking lane per restaurant but it has had its challenges. So, I think the use is very good for the actual property out there. So, hopefully that helps your all in making you decision to give it a favorable approval. Jeff Hodgson:Are there any questions for Mr. Hucke? Phil Russo: I have one. Mr. Hucke, how long have you been listing the property? Chris Hucke:About two years. Phil Russo: Okay, and apparently it has been vacant for how many years? Chris Hucke: Eight or nine, I believe. Phil Russo: Okay. So, did your company list it before you? Chris Hucke: We did not? Jeff Hodgson: Are there any other questions? Thank you. Chris Hucke: Thank you. Phil Russo: Our next speaker is Michael Gurley. I II I i Item#5 Take 5 Oil Change, L.L.C. Page 10 Michael Gurley: Good afternoon. Jeff Hodgson: Hello. Michael Gurley: Ladies and gentlemen, I am Michael Gurley, I am a Senior Vice President of S L Nusbaum Realty Company, based out of Norfolk. I am one of the three managing general partners for Regency Hilltop Associates that owns Regency Hilltop Shopping Center,which is the parcel B-2/APZ-2, which actually wraps the subject property. We started working on this project in the latter part of 1987, I guess.The shopping center opened in 1990. At that time, it is was Shell gas station,and being the developers and leasing and managing people who we are, we granted Shell cross-easements for vehicular and pedestrian traffic to come on to our property. We allowed them the easement, and that area right there going back into the parcel,and then we allowed them an easement right there going across the front of the parcel. So right there is the easement right there. In 2006,when the Shell gas station closed,that easement went away because we granted it to Shell, and when we found out that Take 5 was interested in doing one of their stores there, I did a lot of research. I called existing owners of properties. How do they do things? Do they manage the oil properly? What kind of problems am I going to have with that sitting on the front our shopping center? I got rave reviews from everyone. And, so we ended up granting Terri Voith and Michelle Guthrie the permitted easements for that property for this use. And if it hasn't been recorded yet, it will be, but we certainly signed the papers to that effect. We feel like it is good use.We would much rather have some good, clean, activity on the front of our shopping center, rather than that vacant piece of land there since 2006. We think it is a great tenant and a good person. A good, clean operation for that area,and we recommend it, and wanted to see if any of you had any questions regarding any of that. Jeff Hodgson: Are there any questions for Mr. Gurley? Nope. Thank you. Michael Gurley: Thank you. Phil Russo: Our next speaker is Terri Voith. Terri Voith: My name is Terri Voith.Thank you for letting me speak. I am one of the owners of the property, 1928 Laskin Road, with my sister Michelle Guthrie, and I would just like to say that our property has been vacant since 2006. I, myself,tried to do the leasing on the property up until two years ago. I worked for my father's company, which was McLeskey and Associates, and then when he passed away, I left; so,we are kind of on our own now to make this happen, and we would very much like to have Take 5 so we don't have to keep paying real estate taxes and stormwater forever. And, it is small. It's not like we get a lot of offers to lease it. We really don't want to sell it.We did have an offer to someone who was interested in purchasing it,which was the Wafflehouse, but they didn't want to pay us anything. They wanted us to basically give it to them. Okay. Thank you. Jeff Hodgson: Are there any questions for Ms.Voith? Thank you. Phil Russo: Mr. Chairman,there are no other speakers. I would like to ask Burkhimer if he would come back up here. Peter Burkhimer: Yes sir Secretary Russo. I II I i Item#5 Take 5 Oil Change, L.L.C. Page 11 Phil Russo: Mr. Burkhimer, I don't think this question was asked of you. Would your client agree or consider a deferral on this to give you time to speak further with staff. It sounds like there was some potential movement on Mr. Robert's part. It sounds like there was some issue that he might be flexible on, and it may be to your client's benefit to have a deferral. Pete Burkhimer: We don't see any likelihood of getting a staff recommendation for approval. We certainly have tried and even made some progress during the break period on the sidewalk issue, and there was some good dialogue just a few minutes ago between this Commission and Mr. Robert regarding the door issue. But in further discussing it with him, after he returned to his seat, I don't think corporate is going to go for that so. Henry? Deferral? Yes? No? Henry Robert: I will let you make the call. Pete Burkhimer: Oh,great. He will let me make the call. Well,this isn't my first rodeo, but I haven't been before this Commission in a long time, but I've been before in a lot of settings like this, and I'm a terrible,terrible optimist. I can't find much optimism that we are going to reach an agreement on this. The Category VI landscaping that is in your stipulations package now will, well as Mr. Heavner pointed out,will soften the effect of the bay doors,whether they are open or shut. There will be a change in the street scene from that,and beyond that, I think that it is either the right site or it isn't for what they want to do, and if it isn't,we will still be friends, but I think it is the best the owning family has seen in a while. I think it is a good fit. The market seems to think that the site is too small,and yet the staff wanted to see if we could maybe shift it around and locate another office on it. It is all in the difference on how you perceive things; so, let's go ahead and vote, and I don't mean to sound recalcitrant in that regard. I've got things to deplore or whatever but I just thing we've tried really hard to get it as far as we can and I think we've reached that point where corporate is about where they will end up, so thank you very much for the kindness of that offer. Jeff Hodgson: One second. Dave Weiner: Question. I know you already said this, but I want to bring it up again. We just pretty much recommended approval for something like this that didn't fit into an SGA with a Use Permit for ten years. You wouldn't be interested in anything like that? Pete Burkhimer: I specifically asked that of them and no ten years wouldn't give them time enough to recoup for all that they had in owning this company store for that period of time. Again,thanks for bringing that up. We just believe that the market will determine if it is eight years, and all of a sudden, there is someone with a passion to redevelop that area,then,you will find the money to acquire. If it is 25 years,then what a shame to have made him come back in ten years and perhaps the pleasure of some different City Council and Planning Commission send them away so,they would rather have it be a market-driven decision, but thanks for asking. Michael Inman: Someone already asked how long the lease is? Pete Burkhimer: I think Henry recalled it being a 20 year lease, 20 or 25, which would be typical. Jeff Hodgson: Are there any other questions? Item#5 Take 5 Oil Change, L.L.C. Page 12 Ronald Ripley: The only question I have is in the application in the staff report, and maybe it was answered this morning. There are three doors and we were handed something that has four doors on it. Which is it? Are there three or four doors on it? Pete Burkhimer: There are three bay doors underneath the oil changes. Is it four? Henry Robert: It is four. Pete Burkhimer: It is four. I'm sorry. Bob Thornton: Four cars in and four cars out. Pete Burkhimer: One last point, really quickly,to Mr. Inman's observation. I believe if you do the math of a 12-hour day, and it is a little shorter on the weekends, but a 12 hour day with four doors, if all of the business was distributed equally amongst the four doors,that would still be about two openings per hour. More than just the one per hour that you were thinking of, and with the occasional situation during the day when there was somebody waiting,you would have the door go up and come down at five minute intervals for one or two times. Thank you. Jeff Hodgson: Thank you: Are there any other speakers? Phil Russo: There are no other speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion amongst the Commissioners. Would anybody like to start? Bob Thornton: I will start with just an observation. I looked at the zoning history of this site,and I've lived in that area and transited in that area a lot, and I've seen the development take place, and since 1969 there have been 11 Conditional Use Permits granted on that property for auto sales, auto rentals, gasoline, auto repair, and things of that nature. So now when they come back for something somewhat similar, it gets on the horns of the dilemma of the SGA. So,that is just an observation,which is what we dealt with this morning with the property off of Virginia Beach Boulevard. Jeff Hodgson: Is there anybody else? Ron? Ronald Ripley: I think the staff did a good job in writing this as it relates to the SGA plan, which is what they are charged to do, and I think if you take it to the letter of the law this is kind of a peculiar situation, and I think, as we pointed out, it has been used as an automobile type use for so long. It is not necessarily out of character, but now that we have a plan that has changed, it all of sudden is. I am a little concerned that the applicant has been resistant to those concerns of the plan to the extent that trying to get the use in there and also be compatible with the plan to the extent that we discussed just a little bit ago. It is not like you don't know it is an oil change. It says oil change on the front, red letters, as it has got a big oil can that says Take 5; so, I know what it is, and there will be people there coming and going as a destination. It is not like it is a 7-11 store, and I think that keeping it,the fact that they are making calculations about overhead doors. Overhead doors don't really cost a whole lot. Overhead automatic door openers are very inexpensive, and they've only got four of them. So, if we agree to this I II I l i Item#5 Take 5 Oil Change, L.L.C. Page 13 application, and I want to say all of that, but on the other hand, I want business,and I want it to be able to do well, and I'm a proponent of that without a doubt. But on the other hand I want it to be as compatible as possible as well. So, if we are going to approve this or make a recommendation for approval, I do want to add a condition that those doors remain closed that face Laskin Road except when cars are exiting or leaving the store towards Laskin Road after they finished their service. They are not to remain open. Something like that would be added. And the fact that the applicant rejects a term limit on the Conditional Use Permit,that is something we can certainly add, because we do have a plan here, and given in ten years, and you come back in ten years, and it needs to be renewed, I think reasonable people could agree,that is what we are doing here. So, I'm in favor of that as well to a ten year condition. I will just make those two points. Jeff Hodgson: Is there anybody else. Mike Inman: I would like to support what Mr. Ripley just said, and without repeating to any degree to what he talked about, I'm compelled by the history of the property, and I think it was good that the folks were here,the owners were here,to talk about it, and the brokers were here to tell us sort of the pain and suffering story of the ownership and the size of the lot. I am familiar with the fact that the size of the parcel makes a big difference in what kind of tenant will find it appealing. And, I would like to see something on this corner. I'm like Mr.Thornton, I transit that area frequently, and I keep saying I wonder why there is nothing there. It is great corner. Maybe it is not as great as I thought from an operational standpoint, and so, I don't think this is an unattractive building. It is not a very large building, and I think we should consider allowing this property owner to have a use of the B-2 property with surrounding uses that are perhaps less attractive than what this product will be. So,with the same additions that Mr. Ripley suggested, I would support the application. Jeff Hodgson: Ms. Oliver. Dee Oliver: I can't support this application. I think that the staff has done a lot of research on it, and being that I've been located fairly close for a number of years to this, it is nice to see something change. You got a lot of restaurants. You got churches. You got retail up there, and I think that automotive center right in the middle of all of this, when we are trying to move forward with this area,just doesn't fit it. Jan Rucinski: I have a question. Can we find out what staffs opinion of the automated doors up front? Would that make any difference to them on how they feel about the application? Jeff Hodgson: We can certainly ask them. Jan Rucinski: Who would I ask Jack? Jack Whitney: On that question, it would be my opinion for the staff it would be an improvement certainly but it would not be adequate or sufficient enough to change our recommendation. Jan Rucinski: Okay.Thank you. Jeff Hodgson: Is there anyone else? I II I I i Item#5 Take 5 Oil Change, L.L.C. Page 14 Karen Kwasny: I can't approve this application primarily because I think the two conditions that might make it more agreeable,the applicant has already indicated they would be likely to not abide to anyway. They wouldn't limit their use to ten years, and they probably wouldn't work to keep those doors shut, and that is part of the conditions you were looking for,and I don't think they would be agreeable to that. It is a shame that somewhere in the middle we can't meet so that something can go on that lot because there is such difficulty putting something there. I think it is a shame that a small Starbucks, like the one at Great Neck can't fit on that property because that would be more amenable to that property than an oil change.That being said, I think the biggest difficulty is having the applicant to be agreeable to those things that we put forward as wanting them to do.That is the roadblock. So, I can't support it for that reason. I don't'think we have success in that endeavor. Jeff Hodgson: Yes, Mr. Ripley. Ronald Ripley: As far as enforcing a condition, I've been on the Commission for a long time,and I've seen several conditions enforced where the applicant comes back in here, and I've seen people try not to put brick on things where there should be brick. I've seen people put wrong roofs on a building, and have to take roofs off and put roofs back on. I mean this body has the ability to pull people back in, and deny them the use of their property, which I think is pretty strong. But I think hopefully the applicant would abide by those conditions. But if he doesn't,then we bring them back in, and that is what would happen. Jeff Hodgson: Yes, Mr.Thornton. Bob Thornton: It is not unusual as what Mr. Ripley stated earlier for us to put conditions on these applications, and if we choose to add to these 12 conditions that they have agreed to one, would be the doors being closed, and the other, is a ten year comeback.Those conditions, especially the ten year deal that's worked out in the lease agreement with the landlord, if they don't get along with that point,they don't make a deal. If they will not agree to close the doors when the cars are in there,then the City Council is going to ask them in a month or so if they are agreeable to these conditions. And you know, our job is to make a recommendation to the City Council, and I'm comfortable, because of the nature of what it is and where it is,that if we put these conditions on there,the applicant has to live with those. I think we've sent a good recommendation forward. I understand where Jack and the staff is coming from, but this is exactly what we talked about in case number one. This is an interim use. We put a ten year limit on it, and if it turns out that the next group of people in ten years don't think it is a good idea, then they will have to work that out with the lease agreement they have with the landlord. But if it gets past City Council,ten years of rent is better than keeping it vacant for another ten years. So, I'm in favor of it with your recommendations,your changes, Ron. Jeff Hodgson: If a motion was made to incorporate those recommendations, should we even see first if the applicant is willing to go with those? Bob Thornton: I would say no not unless they are willing to jump up right now and tell us. Jeff Hodgson: Is there any other discussion? Ronald Ripley:The other alternative is denial. That is the other alternative. I'm inclined to see them do I II I l i Item#5 Take 5 Oil Change, L.L.C. Page 15 business here and add those two conditions though. And I think if they want to get it out of Council, that is their business, and if Council removes it,there is nothing we can do about it. We are just recommending.That is all we are doing here. So if you like, I make a recommendation for approval with the 12 conditions that were handed out to us,and I believe the applicant has seen, and add the condition that this Conditional use Permit for an automobile repair oil change facility shall expire ten years from City Council approval and to continue the use of the automobile repair oil change facility after such expiration,the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time. And the next condition, condition number 13, would be the four bay overhead doors facing Laskin Road shall remain closed at all times except when customer vehicles exit through the door upon completion of service. Jeff Hodgson: Is there a second? Bob Thornton: I'll second it. Jeff Hodgson: A second by Commissioner Thornton. We are ready to vote. AYE 8 NAY 3 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY NAY OLIVER NAY RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER NAY Ed Weeden: By a vote of 8-3, the Commission has approved the application of Take 5 Oil Change with two additional conditions that the bay doors shall remain closed during service and the Use Permit shall expire ten years after City Council approval. Jeff Hodgson: Thank you. , 7 A : ��ra w - o= . \ ma `_ * i - I 4%„ . '-, I!? --------.. —--- . lit. \ .Z.4 (A. 0 ,.. 0). ,,,,. :,:-„ ,, . „, , � ,,. : : ,3. ,-..:- ' „dim 2 -4=0 4 la. IS is 1----3 \ Ia. CA CLQ \,v j oto DOM N c0 i` ____-- , , 1 J s i ,(a .... .. r-3, ro 50 , a C >111 1 *— Ck---, = '\' ' \ ...-- i '''' ''..CO 1 i•' rl .:, i3 , 'CI rt (0 cl- ‘Iel SI \- . : . S' \NS \ .\<);\ ....---'> . ..„,\N ,. , . i - , n N c_ k--- e ..:, \ 1. , c_f,::::yi '..,. c---------;-3 14'''''''''''''41‘ Vs N sc-,,,) c > y_� N 1 I IOifi xo r y �` ' 3 v,„„ ,!.. - 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: March 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. I II 1 1 BH Investors Page 2 of 2 • 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 t City Manager: L. 0-L0-1-,,i..,,,-,..9.,t, 1 I 10 IYNNHAVEN kat- , BH Investorss Inc. January 14, 2015 Public Hearing Al2 " N�64 R2c APPLICANT: R15_ � \\......./ � BH INVESTORS, �20 INC. �i i; - R20 R15 %'; <, PROPERTY OWNER: ROBERT S. Ria, LINDSLEY, JR., EX. - �._:. - 0 OF THE ESTATE 02 ,d'. -1,....„.., , R2 , ,,giRIB. Zoning MO c«rr...v.aen.or»srwrA,.r. Subdivision Variance to section....(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 1 II 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 1 100 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 • MCC:UMW -�'A YITH R CAlI Lilt EY STAMEN ' t,MAMBAitsae 71-0111 �s "' N 14 CS «atsnaa I I; 'Iitki� a R, A� , , ......_.„ , ..."_.... .„-----_- # ,,... / \ 1. ,-000.10.0.1 , ,,. .„ . 000.400 , ,, \ ...e...-.. a , i �,— \ %' it-^ NlaaANET. e-1 \\ \ A. \\ a-, . �l i \ 2L98-?t-6599 C12.201,873.111 \ �^ \V I \ \ FART OF '8 I - \ ` 1. _ %sem '__/s'/I_ \\ \\ \\ I _�� . 3-2 / asr r�„..L,is \ uo ass — - ,1} \ / elm sr mown'Till a�--—— 1,'it Iii \I!. ......\ % ..:::•::::..'...: :::::::::•.*. — ...,..' \ -- - isxld ji -- CITY OF n IA BEACH,tr-c- _.ma gra r sat .M "h+. I 01 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 • Lindsley Drive West: • 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. BH IVESTO ,S, INC. Agenda tem 10 • . age3 4 • Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by 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 • 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 S,'INC` Agenda tem 10 `:``Page 4 • e 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. BHINVESTORS,-'iNC` .e Agend ,tem 10 ,age 5 o .z N> 4 c. a . a 'Zit 4 ii V j . , Na ' , 64n .. A +,1 4 le, , 0 ti, , Q- <� , . ., gl 4°1/4I y �p • 1 t PO ` 4 Pte / \ a. j Oma. Z q� AERIAL OF SITE LOCATION BH INVESTORS, INC. Agenda Item 10 Page 6 4 O r) Lu 0 aaa ll F— d F q a" CO E to :BBB 1 oa h c- �w yr ,�i3c^ia ;I a RSmg A § o � e a z' £ ` e� g a oo�oA Y a a 6� my nonews u ire /� N.N �, \ • '\ W 5`4Y, awr MIS wear+ \ 0 z / ' 1 \ 1 igg? i ull�J.---111- � i ;!!! r s 9ruOr° %...,0,:: ::•:::: \\ Ill ar r mu' t +�•'.-....:•:i. lokii S \ t ;1.i 1111 14 a\ , Vp II Ili ( /\ /// aiiig,� .,01A 1 a! Lt iii a _ //Op 4:5� h\ a I OW. ��mR11 x /4ys / 1 I ili , i,. AYy . "\ /// �, it ��L. ,1Qa -ri�r \ m _ z / Ii if' // r° ,t \ a 1 � o W 814 8 Y 1 i "s ; \ 1 0 1� J a ., d do - e y# Q 000 r, 11 121 illiMilli 1 \\ o1114 !I \\ 1, 11 0 i - lRgliG r \ 1 1 „i 'g 11 p \ ` M n• H���rz „ :6 tt g. --- OM; 1: zlp S agy F Tw „ iE ill yi xll _5 ,0,..*”FIS�.,a, ;11 1 � g 4 Q Y • Ny '6Q 1 1 Aa H4y PId ; g a a ■8b Gi (4a67. g fill f PROPOSED SITE PLAN BH INVESTORS, INC. Agenda Item 10 Page 7 i II dismiii 24,.._- ' T . lirr ..., ., _ _ ...... ,,o - ...., , ., e cso ..:* I . 0 ,._ , .. c) co ...o , ,r i ., CO •, „ 4 N . N i.,... fr.1 CO le „......4. .. um tissraIrsim_ -ftw..- _— •", / 57 (V , •.1 / ',... I \ _.• liki = li •NI W4/I I \ !:, ri ,-4, •,..,. ,,,, .\,, 74 >- "' il- 1 IA 51- ... i CO,-"' \ 14 ,, \ .4,<• • C .q. t , ' \, --1-. 1 b • .., „.., ,1 1 ,/'' \I. \ N 11 II IA \ CP ..- ;•";,, b ei .-- ‘ M 3 it 1 i . M \ .0. cn Vilt I rsi , : 1 1 - \k tk 1 ll 1 1 i Ani ik \ 1 1 I 1 --' IF .,....;,. I 1 al ..:- , Ii.: i ...---"--.°- '-' ... 1 ::,:l 0 ‘ 1.,_ ; ... T•4 t-1 u-, 0, ri N.''''s' ,.,-• b t-I ,s1 b %-.1 ftemi ek •••• l..1 .0------- ,,,i ' 0 '..' a a er4 c -- _ c ° . _. .- I --,.... „,;-0 —_....--.•""-°'''' LOT WIDTHS OF PROPOSED SUBDIVISION AND SURROUNDING AREA BH INVESTORS, INC. Agenda Item 10 Page 8 i LYNNHAVEN Map K 6C8� BH Investors, Inc.1. a \...-C N.r nit" 46 rig O �/ Ai 11003 • (nA -* 1 1',,\ 04#11 AVIA Ws7 " 20 4%..- 1,04,0" WA \,,.,, ,, D c„,., ,,\_,,,, oi ,, ,/ 1" njellfr 0 11701m.s 0-- cz, \. ��rte* li i > 00s t � i - *At- 0v. ,.‹.t,:r tik It \_51'-' VOW Olt'1111 ti OIA'0.11 , 1-.„ ..101,1 6 :0 fo--:- 0 :'fir WI ��tot. 4� , .Q,A 9 R20 � �TM ,�t � oR t1:\ ....2 a02 zDE' Y p '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 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, Ill,Vice President/Secretary 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ElCheck 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. Lindsley, 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. & See next page for footnotes Does an official or em loyee of theem�City of Virginia Beach have an interest in the subject land? Yes II No III If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT BH-INVESTORS, INC. Agenda:Rltem 10 'Page 10 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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. 1 understand that,upon receipt of notification(postcard)that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package.The undersigned also consents to entry upon the subject property by employees of the Department of Planning to phot••raph and view the site for purposes of processing and evaluating this application. Howard R.Sykes, Jr., President Applicant's ignature Print Name "7 ,;:t-lett , /^t Roberti Lindsley,Jr., Executor Property wner's Signa ure(i different ar(appli6ant) Print Name DISCLOSURE STATEMENT } BH`INVESTORS, INC. Agendatem 10 Page 11 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 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 10 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 14144" 4 RECEIPT D JAN i - ---- January5, 2015 20i5 Plannnn fleCpa�-trneit i} Virginia Beach Planning Commission _ I 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, Daniel I. Dixon .6.de'vt0 'A714° 't Nancy B. Dixon 7idz--it-ci atlze,729 944 Lindsley Dr. Virginia RParh VA 71454 i I i 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, 5anetAdamson 937 Lindsley Drive Virginia Beach,VA 23454 (757)481-7406 jmajfa@verizon.net 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 I II I 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 JAN - 82015 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 Margaret H. Whitehurst 905 Lindsley Dr. Virginia Beach, VA. 23454 757-496-0584 i I � 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 ill* C---- ---4/P'----- \N- ' LT71 13 - (.::, \I 543% *116 C r; % O t ft, 410 I 7;7—(5 ) 0 • 1•Z,- -_ - r-r v, - 11/ *No = ( c'v,‘„ -----. . i fr j R. 0-, •,, c.: - G C:14? ›.. C m ---,,,,,,,‘.\\ „.„....;_ ., _ ___. 0 a ,? CA I N id. j��y � 4, ___________, (,) Ct C \ 4\71111111116\ 7 4 \ \, Pr I ' Oa 4%iiii.:.Alb.., • / _______ D _. , ,.._„,..6.-K , u --____. ,_,_,__„, - in, _____ ./- ,r, - ,,,r-,. S O Q s �, if w a c--1 t - L? , _ _.. .. c{) -' 0 . -,..._ Zh 0 _kju4, w >m-ll 4ci tet' 1 � Q l'1i A ..,� r . 1 1 N 1 II i [ ( JO-it-17'Z%, ( t o , (4 ,:j 4 ly`w fi 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: March 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 11 i 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. 1 Submitting Department/Agen y: Planning Department / v`" City Manager: � A, c� LYNNHAVEN rmroc.ra-a Richard S.&Jud L. Foster 8 a Lynnhotn1er January 14, 2015 Public Hearing �_ -� wow: Q APPLICANTS & PROPERTY 11 _ OWNERS: • RICHARD S. & � `J ' Ra JUDY L. FOSTER , R40 -- - 6 1140 zw,y.$n CP. ,Opm We.n.mww. 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) 4 • 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 1 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 BRART 0 MAI RENJCASLE TD/S7 '41Yr, NSIR9]L109991BW001.130 ;1'117RiA4.LMX 0!11114 AS rys\ PKIO SLRKTLD Y.Y]OI.B+ R� .✓'O\ \ YIOA M1tm SW KMLO. ,.RaI.N . OW 1449-40-9161 :Itl01,:EWA Or LR)is TC •.40: 9[A / PPoGLRtY lMC CERTIFICATE Of APPROVAL TME uRcERSGRED CERTIFY!KAT TRI TMS RAT CONFORMS TOTE APRIL ♦ / TIE APPROVAL.HOROFLAND TNE SNSNEAND C ACC T6\ CORRECTNESS or TIE ea4+o.Rr.s p ".c F TMe M.1.876 oor ste0RN3MTSC ^W I 1� MK ROT TERMINATED OR NW* G2� -- , RIaLK Z C 1y Ll7T a i6 42. �. \ "� 'If! 1-$_Rt9Y'S5r a I9Y OOTAL)111090 L4[ e \ ARRISOVE0 DIRECTOR Of PUNNING 6saill #' I r6MAL CEIDOORL.R. 1aR ) Prcpposed Lot 1A l/ _ �sm �4',. GTYOT ROf P euNR Q LOT l9E 1EAEBT \IY A I nnRcu9!m i� • Y 10$JR 4Y E. ARH DYED i EXISTI `L• 1oT,4‘` 7.-‘`.... - DIRECTOR Of we mRa a :M EXTMS t0 1.R GTY Of LnRaNu 4EACR O Fa/ •163.0 i� ` / ` . ',V v �s. �roposed Lot 18� / 0(1 STI NIG LOT 2 \'' • / a v� OOT .. .x ell. LOT LIFE 8514ED AI//A a M. i \ ,1PiR0.wIiL LBL!or PAT [TT6.GNSIED 1 :e e s ��r4 FILO Si,FKxO RAr i0!a L ,.-,i."_:.-.1.4,*-,„:,, X J R' WAN ON.440,RF,AE 'Y.Y:• 1. .0.10'MU SHAKO `'..— 4,-;"... / / I / LOT IC \ PROR[Rn:,K ALS"'�T '�e., �. Proposed Lot 1C rca L03 IB AND IC -- -?1 / \----s ,;-- . OD MOM WW1 -- _ / rump 7iK Km — SOAMT:L.C1L ASSOC.!LS LLC !.SIR 3MTi010CM39➢.0 `53.34945% Y8.110.PG 31 e4 eel \ 1 OFfs I499-90-3!08 .--------\ 1 IV er R� Cxrrr�q N Y. 50.4p5 SAGE ASSOOUKS uc NSW 700OOTI000111740 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 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). 4 0' 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 ERr;I; 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. 4 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. 4 0 ti / 4.f( ¢ t . RICHARIA JUDY Agent Item 8 sage4 i I I I 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 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. RICHARD, JUDY •StER Agent - Item 8 ::age5 I I I 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. ' 4 RICHARD JUDY •S' ER-i.-; Aged.` Item 8 _ �"l age 6 . I I I 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. >Ctt °x RICHARD.: JUDY 0 SEER," Agent: Item 8 • -age 7 I o • F ' T W F. w , _ `; 4 ! 1 1 , .4,, i p * ati I) 1/) a. 4-s, C ..4 `d: Q fir whf J N wO l _it AERIAL OF SITE LOCATION RICHARD & JUDY FOSTER Agenda Item 8 4. Page 8 . WP g„ m Uw 3Ru3 o= $ a Win 05 0' b]I gvpi�if rc aU oai h �W -" " xi hyo _ h ms z: iW S5PV5yp a p 0�i �['* z dP AA ils �Wg ;z O% 6Y= 17.-- z 5%5316`'�.3 ~ '"' s c("'cir.. V �/ 0-- ;, L1 ,n u1 �% I inn f yrs d R '4' `x g fl,„------)... rsi , /' :I IID, 1 oIR , _ ass= gl .1 °4�"1 F '''I4. I ' tall 1 ' IP c "G O �� }— . ,. 1 h I , o ,0(s r a A=na I EO .1\ kk a 'r\ ma k _x \ \z 3 s Y�� k \ C. O --h-:- a,\ \ IIx 1 : 6At�� \ 1' (W i• / i2co tq�sl_ _ w �e J \ , \J Ow r—_ �J Y e �N1 i I I d . J p :^ $1. / k L 5 Rh. „ \ ^ , 0000 x ��� $g &� ti a W :`-=":o L. ee:,,8‘ " 3 S ..- ..gym w6o rS' S`S v /8 9d'SL 8 mo 3 MAI,Ob pi°dr�, 1NIOd 1S3N 319y3 1l;,yy PROPOSED RESUBDIVISION RICHARD & JUDY FOSTER Agenda Item 8 Page 9 LYNNHAVEN .I,I,n r TT_1 13;f•1♦-sn1.1, Q Q T111Jt• I Vncfnr AA;_ R4 t I Lynnhaven Bay bill r 4. t r i-n-, t, t c i/ , . Ep. 6' P / _ e/ / _ _. -. . -‘,/, ' ) p [----, ) + ca 4' , 4 r io? ii �, v0 * a Q .,, . 0 -; •,c3 •:. M --i) moi— - B R,�w •Zoning with Conditions,Pcoffers,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 Agenda Item 8 Page 10 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Richard & Judy Foster 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 1 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) M' Same as applicant. gi r 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. , C 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the L subject land? Yes I No N If yes, what is the name of the official or employee and the nature of their interest? interest? N/A DISCLOSURE STATEMENT RICHARd. i JUDY •S?ERR f-, Agen Item 8 -ge11 4 4 ADDITIONAL DISCLOSURES 4 List all known contractors or businesses that have or will provide services with respect I to the requested property use, including but not limited to the providers of architectural oF services, real estate services,financial services, accounting services, and legal 4 ' services: (Attach list if necessary) 1 i Troutman Sanders LLP - Legal Services AES Consulting - Engineering/Surveying Services 4 , Billy Darrington - Environmental Services 11 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 1 power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. I2"Affiliated business entity relationship"means"a relationship,other than parent- subsidiary relationship, that exists when (i)one business entity has a controlling ownership I interest in the other business entity, (ii)a controlling owner in one entity is also a controlling Iowner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship ' between the entities."See State and Local Government Conflict of Interests Act,Va.Code§ 2.2-3101. , / ..... CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that,upon receipt of notification(postcard)that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package.The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ./ l`,--1.-� lQ _Applicant's Signature �:�r � 2 e- 1 A pp g Print Name Po j 1 c;',2‘07X74'' 7 �s Y t re,Sie/' Appl ignaturr Print Nam6 ray Revised 10/16/2014 DISCLOSURE STATEMENT y,, n RICHARDJUDYSEER ,' a Agency Item 8 "'-; , 9e 12 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 ! I II I 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. i • ,` ,, `err` IS.;q ' II/ 1 -a t 1•- �---- _ .� V1 1 Cit ii Imml N rev" or. \ \ LO , _ - . . .\ -} _ .. ,T \X Z\ ,. 7' f� . f k....k, _,- ,... :, .,,,,\,,,,, . _, . 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I�� 1 �, s, jam, �1 r i �� co W �. 111:, 411N4lp CD 0 * 1' 1 1 i t Z ig, 01 --! , d Q d Q Q Q + a ,' 52 ct a C4 Ct Ce ft CC CCa a a a a a a Cr a C y IA 4 IA . ru) awn .._ - /1r1.9/ o IA X S.), io, 4:1 6,-,„ o *iv,..:74,,N, 4 4 401 < 4 4 - -I a 4 c a .......-i:yi 04 4,-,., `[,. .. ,o1-4 (....„.. 7y1k., It Lt,:wf4 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: March 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: 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. r Submitting Department/Agency: Planning Department) r'V City Manager: __,_ctiANN-t- PRINESS ANNE Ttap. K,I.1213 NVR,Inc A024p.4tritbz- Bi R16 " January 14, 2015 Public Hearing °R; ` PI* APPLICANT: a +% NVR, INC. D/B/A • �,4r RYAN HOMES • • • 4**0105, 014./ * 65-70 POP " PROPERTY OWNER: MA' AGI• MUNDEN FARM• , AG1 + f, L L C . f . •Z.*q C . '•.or..SP.• Modification a CondK,005 ARP Iwie.Aprol Renfro InaposompOwasy 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 4 • 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 I II I 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 0 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. 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. 4 0 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 NVR,-114Q, Agenda Itn 3 Page 2 i I i 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. NVR,'ANC „ ,Agenda Ir 3 Pae 3 1 I I 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. :Agenda It:; 3 Page4 i I 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 Mundee Agenda It; 3 P 5 i I i 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 tg . NVR,.: C, ' ,Agenda It 3 Pa 6 I I I 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;... C, Agenda It 3 Pae7 I - — z - . , a • ,, \ e ,-41 t - •-',*. \\ ;;'1.7t._'-rf-/ \ 1 • 1- .,.._ , °I! ' t.:1%. / . \ \ ' . 1 a .3 ‘: ...-- .-. — *4 , * ,z-.. • , ItZ . ' IIW .., --, ,. .., Qj 1 W \)> 'le le ., 6. e SI : #,. k.) , el le "ri /see 4J ce cr) E B 9. AERIAL OF SITE LOCATION NVR, INC. 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R2a ----7 '`` #/0i"? `,,; :2* ",G2 f ' /&-„,e. .. 1' c 02*\,N 4 a R1 /,-: 0411r \42 i 1 47A - NVir ., Q , At-,,,, \% ,. % ;,...:� AG2 �� __ 4 Q� kisIV. , ��et,- �A.�` ,go, - / • -`� �,�+ • B41A`liPll . : 65-70 7:/ .,#,- , .4, ®gip ' , , • AG1* F, , ��/ X20* r` 4 \ ,. *. l rant G °P 11 �G • '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 NVR, INC. Agenda Item 3 Page 11 1 - ,, ii ' --- -- ♦ APPLICANT DISCLOSURE ♦ If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1.1 y 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 4 NVR, Inc.: See Attached List a ♦ 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 Irelationship with the applicant: (Attach list if necessary) IP h '♦ n Check here if the applicant is NOT a corporation, partnership, firm, business, or ) other unincorporated organization. 4 4PROPERTY OWNER DISCLOSURE 4 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: w 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) 4 nCheck 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 I Does an official or em loyee of theem�City of Virginia Beach have an interest in the subject land? Yes II No V`1 1 If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT i' 'NVR, C., Agenda It 3 Pacer 12 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C. *air "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 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 •a i,$i( Jerrold L. Miller, Manager Pro. wner's Signature(if different than applicant) Print Name DISCLOSURE STATEMENT NVR, INC. Agenda Item 3 Page 13 1 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 47.„i Nvii, Agenda It` 3 Pak�. 14 Avvointed 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 Clear Kimberly S.Keams 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.DeMedio 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 12th,2013. Matthew A.Horsley Assistant Secretary DISCLOSURE STATEMENT tLf NVR, C : Agenda It ; 3 Pag# 15 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. I II I i 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. I �4G1�4 A•BEAc lA F. °`,z CITY OF VIRGINIA BEACH 8 '�t ' INTER-OFFICE CORRESPONDENCE 3 OF DUR Noo' In Reply Refer To Our File No. DF-9199 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson- 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-10 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 WITNESS the following signature and seal: Grantor: NVR, Inc., a Virginia corporation d/b/a Ryan Homes By: c (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 1 °'it MINX , 2014, by Jessee Faisant, Vice President of NVR, Inc., a Virginia corporation d/b/a Ryan Homes, Grantor. 1 }574 )14- 1 V0 Notary Public My Commission Expires: No V 30, 07o EmilyShelton Smith Registration Number: '�j3 UP 22-3 NOTARY PUBLIC 7586223 Commonwealth of Virginia My Commission Expires Nov,30,2018 1 11 i WITNESS the following signature and seal: Grantor: Munden Farm, LLC, a Virginia limited liability company By: _ 1 (SEAL) �Je rold L. Miller, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: L The fo going instrument was acknowledged before me this / day of nOvenu , 2014, by Jerrold L. Miller, Manager of Munden Farm, LLC, a Virginia limited liability company, Grantor. Al NAM 11'.Ifig. Alai '1111 I.tary Pu i lie My Commission Expires: "�'� f` 3C_'"� -O • Notary Registration Number: I t 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 Cs4 7 , .4 47,- .0\4 yij , °(--ii ti ,6'4\ o - _ 0 c Ait -\\'' � t ;1,0yA� il� �) ... tv i . itrititAlir 0 :Til =04, 40.. '''T a ► ` off, c� 1 < °44/// ,�.) /*74 4b = ,,c,- 44pip 47A. , , ,r- e,„: . Cii y ' .::,,,,Nr* / ',* 1 LiNg - ‘,:0' CZ.,' Ci ,, 44,0 o CZ ' �"" 44, iget 'kc\v-- E ms c) -,...,. Apr 0 V*,41 ' s' ' . CNI ilk liftb ,; ir vc3 in 1 \,. „ 0 4t. c) <6QUOca �. �cwt -- M ' M!_ �� Q ,o to S-1; ‘W & 11111111WWW. -���'�►' ���. r y N N ---7wvir.z. . lir .'- Ice, 0:1 • ,.., - 1944, - -, - - (--,.."---- . .. :,..,c,\ ,,, 4. .rte ..,' �: �t_y0L Q 4„. . . Amy - ij \ -\� -__. a ....._ ss i� ,� d At4t7* (i)' �lAktk lr A::. oa 24 4tiv At+ r. 7'---- - - - , / it, V t-w., / /// 4 , 4,, \ - 2 NJ c n al CZ . ' AdowAsis. . ..,....a 1 - _z_..-_ t .,___ ♦ C .,.▪ ....,c,) . o . 0 w z ,_.. le) ,*totlij 1 (44 Q\ ViMENVI cZr , O k ii� � N R.1 s, �,4 �q ct '` �,;w,r• 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: March 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: I 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. /\1 , Submitting Department/Agency: Planning Department Vv /, City Manager: fit. ROSE HALL •+.P.f�-,o Monarch Properties,Inc. 5 I 7 ,'�$r,t �',r u ' January 14, 2015 Public N t P . '.<y t ! '� -466 AG2. 3 �;i Hearing dS-TO I ;. ' APPLICANT& PROPERTY N. 12 ° �.� cO OWNER: MONARCH ;,.. ., �' MONARCH I! r 121 I,• lx �, AP PROPERTIES, I 1���, 'e h AG2 r 12 INC.;_, � i, , 4� r e141\ iyi •"sxs ww c..r..a.n...q..s.......r+.. Conditional Zoning Change from R-5D to Conditional 8-IA 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 • • 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/ I-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) • 0 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 '(LOS°"D") Existing Land Use 2— 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 Sas 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 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 0 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 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 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 ie. , r.i i i ti -/ ,. „ ` Li.a.Z H4 I f k. (f1, ki iti: ft, I,tig, ',, •, . . , , ,, I Pt ,� A ;� ! � 4. I . \ 'Al 021,/,.„c,or te,r,. , If .„.- 4_...„ ,. pmpg if _ff 1 `0,' rr � v j I ?' i a v ' i% a A' If ; 4 r *,, i ,t 1 j i' V tiA. s. � 7,, a !li t, - • + . iv Zay \ • ;' _ fi, . fix ,, +' \ . 5 �. t J ! • ;; f ? . 4R , • ,,, .. 3 0 v' �r , >. 0,4 . . / • 1,1' � : AERIAL OF SITE LOCATION MONARCH PROPERTIES, INC Agenda Item 5 Page 6 i s . ^j J 6 Qi` F S���� I .if a ll1 ' � p i1 '1 ,y •'� i. — ``'+�, 9 l Yti N S i 44 _-..... 't S N Z GIS. • ,' G I till/ , .a t — �I421 • R 1 Ni , \`: MO Li , 1 ►` 11114 _' a 1'li► sPa; o ' h' ; I 1 ° l't il Q i � _ i it 01 Q If --.2 d 7 K )'; 11 O 21. 11 Q ! J F Li "' El r Q 0 00 z a o Q/ PROPOSED SITE LAYOUT MONARCH PROPERTIES, INC Agenda Item 5 Page 7 I � ■ 1a 1 0 _ F- `. 2J - Q a w m y i ,. w 0 0..,, "• I b. 4& it \ t 1 ' , -, . I i irl , ', .. i , T t re f: 1,- i RENDERING OF PROPOSED BUILDING MONARCH PROPERTIES, INC Agenda Item 5 Page 8 [ . . . . . _. . . . .. / d , . < § I \ ■ ( » § 4 E ƒ . / \ m mo w 00 y� id": c» s \ < � ` < / � / . . . r . . , . �. »: , rte: \ :« i ■ 7 » > ■ \ . & } J � �� \ /. / RENDERING OF PROPOSED BUILDING MONARCH PROPERTIES, INC Agenda Item 5 Page 9 soma g ■® LL ~LL Z ° a Z 5 J 44s, wv i w2 s8� `.,.ei ' \ 11_, 1 „. ,.. .: . • RENDERING OF PROPOSED BUILDING MONARCH PROPERTIES, INC Agenda Item 5 Page 10 1 ii, 11E' t , t I L i li liiiiiid I li III Ir - wpm • - I 110 i IMP II Ili — L [ A , in 111ll a ___ .— J__ I I t i WU " i II 1 Hill I i , -- I HU 111 Hill 1 -- Hill -- iim Hill or11 F. AM HIII I mil t. _._ I Ht Mi- 1OM Ir, , , h •) 1. IN i,II ,, --- __ ... in Nal r • L.. 1 1,_'.,_ II' :+- i I ,,.. 1111 111 _ -.:. .. tt tfi ..: . _ . ELEVATION DRAWINGS OF PROPOSED BUILDING MONARCH PROPERTIES, INC Agenda Item 5 "2:) Page 11 L '''--L I I ROSE HALL Map 11-10 Monarch Properties, Inc. Ma.Not to Scale . ' , Ili I Air 1 fr.64i'' /' ' /: ' , I k) tt‘Oe 4744 1 t,0, .I.1t 0 "?'1 N 4 ►� 4�, Olr'4 4 �,t ,f� �- ,,: IN 1 II 1 4 . :,;op.iltrer : i-/-,,,)‘, -•7.44 0 1SW 44'5)---, 'rks#2,4447 o, ‘1410ier p0 R5D / v k4y i lit Q 1 1 1001:i.t4/1,, , , 4 441, —AN A9 %. /N, , r i A 1/AL *op 4, \ or ' .. 1'i'iP '; JJ�� iAPp* k& f ek, 11 ' �, \D fir,Q 4 B• 4 4011/16 AIN \--\\gildr, AG2 yo 411 efillN400‘'NIPI. ,CP,4-Ati. ,0 4# <_,.' , ' 12 0 i-7 i i i 4.3-1 0° Iltr4004 0 b.40 V 1 � oy' i * ♦ i4 ® t 411044,,,.,N 10101 ILIFt .!4,-,, A4p0 ,%'' / 12 ),,i 6 Nig& _ iii‘ *4tcr. 4 % '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 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) 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. T 2 & See next page for footnotes • Does an official or em loyee of theemCity of Virginia Beach have an interest in the subject land? Yes I No I/` If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MONARCH PROPERTIES, INC Agenda Item 5 Page 13 1 II 1 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) 1 Sykes, Bourdon, Ahern & Levy, P.C. 1 MSA, P.C. 1 TS3 Architects e.-1)e- i nai 4 1,1 l —1owlet e -.- ) 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 1 Code§2.2-3101. p 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 Ibusiness 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 i 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. I ' INIIMIIIIIIIIIIIIIIIIIIIMP 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 I 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 1 ��7 M M4-5 14-4-1-1 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 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 5. Eddie Bourdon appeared before the Commission on behalf of the applicant. II I �G1r11A•BE,gc 00 i A� n r CITY OF VIRGINIA BEACH • ° 4> * INTER-OFFICE CORRESPONDENCE 3.9R� 17.---_ ,,,.<S OUR NPt\ In Reply Refer To Our File No. DF-9200 DATE: February 6, 2015 TO: Mark D. Stiles ',)' \ DEPT: City Attorney FROM: B. Kay Wilson ® 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 O-i 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: i. 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 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 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Monarch Properties,Inc., a Virginia corporation / By: 'J k ' (SEAL) ' r Q� + Title: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged befoj me his 3 day of ON tY , 2014, byMali- •m0 1,TY. , f �f<St t of Monarch Properties, Inc., a Virginia corporation, Grantor. 1663t6:80AUSMSIA6 Notary Public My Commission Expires: PNA US ' toliONIK4 �� Notary Registration Number: O 9'4`'3 3 rt:440"Mr AN, SV 7044333S -I*110:09 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 61° 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 1.o acre more or less. GPIN: 1485-92-3997 H:\AM\Conditional Rezoning\Monarch Properties\Proffer Agreement.doc 6 1 lotIX_ •i" a tPK� y 4 _ N lo;orimio 'f4V, q \__r_____,jo.- ? ! is ifid. _ 1 -*• 4y. - I I+1 - .O .Y 14 ( ''' .,)',..!" ' n)(,...,,C19 ' • . . , tItin;‘,741 \'',. (iit,-I t: ' '...---\ .;:: ' • #TalPlit \ St at/C'''''? 1 \ \ , _,''. •ft. 0''.--'---::: - U \A•t4P N":OA ' ti' „tot , \c \ ,,, wismer- i 0 to so 4- i.). ,--., . ..,t,s, ii, .,,,,,- __ ., _. ,, , i ‘,.. tit„ _ ,. . ,, ,., . ._. . „ .„. . .,. CV Alk '1 fA �I '.f''`ti” CJ8ERB 00% t_ U f ti A1 Q ,4,1kilixmaw, T F f- '' \\' ''(‘)A. -3/4111W#* �� t ''''--- 01b. ` + N. `'� 7, ,`r- #,-- 'NI \V :)- 2 ,., , , ‘,1 ,4 ,,,\;ks\.t. ,>0 ow i; , _,.. ditto tn .10 '10 ° ‘ # LI 7114 %VA V -kt \\\0\114r.. 0 ' 2 riTo . Viet * Ns. - '41\c, \\.:7, Ip',/ U ,0 . _ ., i * It kS\‘`..Nkki. ,,\* ' '\ '. 1_41:_,,, ),, tz) .:,_ .4. • IIL ..,\\Is47 :fik*k 4V:ON ,i),t4\ 4***.f4otb itrkSTON\17 41 "E 0 0 ''N A4i4k444 .\\ N Nkskikt '440:4'4‘,1‘ 80 *4\ e NV , A = ___ Iii_2,_ .,___.. ,.... N. -716,0tb.‘411.4\s‘Vlb•—* 101%V. ' 2 • 00 6.- )8!%. .47 I* 49-a- CCS �► ♦ 'fl 1‘ SW A, 1,7c) g ... _ - 4---1 '; WP ..:" .40_1*'' itk :41,bik:4‘ - to*7010` 0 I\ ' Omit - -Wit 1. % . t#44A. . 4414., --- .... \ ,ew - ,41, ,N. N ' • c ; 7:2,16. . .. .., Avjo, 008\ ,Aig ifill„.„ ., .,--_, 5flit ,,,_ 'v4-4„ 4,.,-,:. 407411"1 471F-;14VA -464-1 ci ip" . 111 t4r . ,. zr:A.16.:,.._._VVIL .': /ft 1 . \ Ili . \_. ,.„., _, ,,.,S;,.,,;: ‘).., _ _, \,,,;.,... .C-1';L:::°1110 414 - s 141A 1 ...11 fi•., -. , 4 g 4,4‘,\‘' ''' ' - , ---›*.TO-NsPuk... voit,--ii:', ' ' ..1 --to ---: . , 7 :::::- /:-...-.. <:,,,;&., \-- .1 r , i - ItAlp o fif ' . 1 c•: W " y, , r , 4: IICA' , ,(.' -‘.friA.Yr W >z � ' lid U',t o �yy i, S` ,..., a •dee" CITY OF VIRGINIA BEACH AGENDA ITEM J 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: March 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 11 1 ALEXANDRIA PLACE Page 2 of 3 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 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 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. 1 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: Planning Department City Manager: S 1{ �AL CENTERVILLE olIsplull Alexandria Place,L.L.C.do HAV 4 ,;'..;t .,:_. 4 : , January 14, 2015 Public n i. A — Hearing r ° T,c ' ', -, ,,#f _x i APPLICANT & PROPERTY u t ''i',,e OWNER: '� "''f -•," , ' ALEXANDRIA ry � ;'.z �,/ yL PLACE LLC 4 t* 1,',A,' ". ♦ ':: •Ze.M.+a c.a.....wk..Q...swn n..eu.. 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. 4 • 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 ALEXANDRIXPLA£E LC Agenda Itn 4 Page 2 II 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 2 as defined by 185 apartment units Sas 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 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 —'Number of students 2 "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). 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 PLACENLC 'Agenda Item 4 Page 3 III 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. v ALEXANDRIAPLACE,' LC. Agenda Item 4 Pae 4 `v .LLLF. L' z,! ' #0, '''';'''il\w-1,.:.; /A d ..',..\-11t,;;;\'''\,,,I.t,l'.\::,,., \, -‘4°.,,,.,:' %ItIMP10.11 'N\ i. 7. r , _ s A.„,,,),, ,,,, , , ,.. e i ,\ de--;,-. # if , ‘ , , 0 \, ,,,.4,,,p.,„.... d' i 0 dir , f, i, �i', r ' q %/ 1 _,� l r �7 fig ce �ti A ,� 4 / i z� JJ y \ � te ! / �► R. ,11 , ,` rte ! Ilkol 1,... ,.,';‘ 4 e 8 'L. • ; pi ' '/I. 1 . --.... ', 11....'7:c . - ./. i -1 NC; ', ' , 3 f sok if ir4ka AF 1 '4(11:(44-IIII;3(:1 -1 ire1:744:11:1111i ;�� ! q iii it n �j i ` t • J !g C w. 'ft �. %' , l�► k,�'. it AERIAL OF SITE LOCATION ALEXANDRIA PLACE, LLC Agenda Item 4 Page 5 , 1 iii? 1ill!-Ik)) I �• iI I � 'I!' tit 1 1oi1 i 1 14 �� t,i ! I �IIii 'I 1 !;i I I'1•Ic ¢� I� s" 1 tin I Il.liil•a I.1iii 11'.11 .d ,i! hi 411 iI .,,.111:11 11.11 T Il will loin g I I�0 :111 �1 1:..91„1 SEE NEXT PAGE ''` .. 11 R �,,+;i11.1iioi�l,iliiaiijIilm lii si`ti; 10 141.;,/11 • oma, .. ... i • Ohl 1 - of to _1. \,,, � r 111 1 t - •• Yi r . ,l M. 7• Iv Oi • I DS ' Off 3 : I- 7 -_1 r j L VA l , o '10 'h + , -1 ----"...4, 1111111 • '• 1i:q - I !.IIIIIIIII • SITE LAYOUT SHOWING PROPOSED CHANGES ALEXANDRIA PLACE, LLC Agenda Item 4 Page 6 3 laRtIsaN I 5 I' a PROPOSED SITE LAYOUT ALEXANDRIA PLACE, LLC Agenda Item 4 Page 7 I .6- 14;,2.4'! t 1 00 is . 1 , 4 '1; i -[z:.2:; 4 _ „ i 1101 air ; ti--'' 1 ' EPA Cali eil :-:•-:, _0 r x Ij EMI Ir LU i Z Q o w W 1 U) U ; O d a_ F RENDERING OF PROPOSED 24-UNIT APARTMENT BUILDING ALEXANDRIA PLACE, LLC Agenda Item 4 Page 8 1 I II I CENTERVILLE Map No a� Alexandria Place, L.L.C. c/o HAV -t. N . • -., ' , :_i it ;'‘, \ Ir.,, its' ,- N'-'''..s• 0 XVA4'ritt‘iiii ii% gi . ....tr:,,,, 4,, ir-, .:-.. %A.. 0 , _ _,,,,ili „dial, rto 0., ':,-_,_ itiik S ' , cot* . ,,,- ,- .4-eittoitrool • roc, vokovt._.°1--% A iv, 1 i 140 '' 114* � jr r **.Tt0 3 0.-i,Latisit 1141, z * 47, •4411:1 _ iika- *4.44%.7,944e.,..7 ,,,,, „,.“ 1 n C-13 T 03,02_,40 • ,,tirwy---7,0-.-Try , ,, \-1 ,, 1‘, A #/ 11110tilkiriftil° ‘V*V. IV, lertfir4,4,04/ -( - 1111K111 *" °.°c'4'i' 44,e4f" //#040,/,lfi el() ,, 141W91111i.A.'101.10Awilliteh:Vk 0 .4`ase-' 7.-• ...ti ci-A. 101,1100-' ' raft N7 tefo"/Aok --i.o. 00. - viva iiirpiti, v solt(ov-,. ,, % . A sh 153 ki- ' '— ' ciA.:'4 1:''' I it 02. 4,10 1 4 0 I•ft4 10 ito si4Aagovi4 *04\ *7#* ‘#°14 4,4**10 I 4‘1 141 ' 4414*AN jib* 4jigik• irmj,Ill04 #, '4.44fii 1'1' 44 dal -,44044 44 .41 0 A 'Zoning with Conditions/Proffers,Open Space Promotion Conditional Zoning Change from A-12 to Conditional A-24 ZONING HISTORY # DATE REQUEST ACTION 1 06/17/2014 Conditional Use Permit (Home Family Daycare) Approved 2 02/25/2014 Conditional Use Permit (Home Family Daycare) Approved 3 09/11/2012 Modification of Conditions Approved 02/12/2008 Modification of Conditions Approved 12/12/2006 Rezoning (B-2 to Conditional B-4) Approved _ 07/18/1977 Rezoning (R-8 to B-2) Approved 4 01/12/1999 Conditional Use Permit(Borrow Pit) Approved _ 07/18/1977 Rezoning (R-8 to A-1) Approved _ 5 01/14/1997 Conditional Use Permit (Home Family Daycare) Approved ALEXANDRIA PLACE, LLC Agenda Item 4 Page 9 I II APPLICANT DISCLOSURE 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 5 other unincorporated organization. 01 PROPERTY OWNER DISCLOSURE I Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership,firm, business, or other 01 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 t Applicant is the property owner. 2. List all businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 110 .01 D- 0 nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. Pe See next page for footnotes w Does an official or employee of the City of Virginia Beach have an interest in the em subject land? Yes No V\I If yes, what is the name of the official or employee and the nature of their interest? 101 N/A c DISCLOSURE STATEMENT ALEXANDRIA-PLACE," 1. Agenda It 4 Page 10 4111 ADDITIONAL DISCLOSURES 1114 List 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) 4 Site Improvement Associates, Inc. 'i`�ytaV�4 - r"\»AT-1304114. Retnauer Baynes Associates ♦ Drucker and Falk 1 Willcox& Savage, P.C. 4 k kdcue.Y'ca. err,~ i e.lK04m Fra te- ' 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. 4 Code§2.2-3101. 4 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 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 { between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. i "i• - _ - -- I ttIp� t the information is true and accurate. 1 CERTIFICATION: I certify (postcard)contained Indersandat,upon receipt ofnotificationhat he application has beenscheduled 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 Planning to photograph and view the site for purposes of processing and evaluating this application. 4 A; . DRIA PLACE, L.L.C. 4 By; - -r1 James M.Arnhold, Manager 4 Applicant' gnature Print Name pr Property Owner's Signature(If different than applicant) Print Name 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 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. I II xr11A.1 E.4 E: crik '' � ` CITY OF VIRGINIA BEACH .° -400-41-- ►t .'�'v DENCE . a- ._ �; ,�-�` INTER-OFFICE CORRESPONDENCE O$ ,>2� l'4-s--', 2.,,..-' g OF OUR Nrcoc" In Reply Refer To Our File No. DF-9201 DATE: February 6, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 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?`11t day of Oc k. r , 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 I-1294429.3 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 8118/2014, 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 1-1294429.3 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 1-1294429.3 OWNER: ALEXANDRIA PLACE, L.L.C., a Virginia limited liability company M►� By: 4OFanager COMMONWEALTH OK VIRGINIA CITY OF Y1 r 1rusk ch-,to-wit: The foregoing instrument was sworn to and acknowledged before me this 2.q" day of O jb , 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. cam P. PJ4l Notary Public [AFFIX SEAL OR STAMP] My Commission Expires: 0�2ERICA G. ROWERS NOTARY PUBLIC Notary Registration No. .3(05 SCP REGISTRATION«369616 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2017 5 1-1294429.3 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 K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS—New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA HEACH HEALTH SERVICES 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 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE PRESENTATION MARCH 24TH WORKSHOP APRIL 7TH WORKSHOP APRIL 14TH WORKSHOP APRIL 21ST PUBLIC HEARING— Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chambers APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH gw 03/17/2015