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HomeMy WebLinkAboutAPRIL 21, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �NIA•BEqr MAYOR WILLIAM D.SESSOMS,JR.,At-Large 4.* +^• L� VICE MAYOR LOUIS R.JONES,Bayside-District 4 p4 M.BENJAMIN DA 6ENPORT,At Large = n 1 ROBER7'M DYER,Centerville-District I Z BARBARA M.HENLEY,Princess Anne-District 7 U D SHANNON DS KANE,Rose Hall-District 3 r-;:" , `Y_ JOHN D.MOSS At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach-District 6 OUF NPT�N ROSEMARY WILSON,At-Large JAMES L. WOOD,1 ynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE PHONE.(757)385-4303 CITY ATTORNEYMARKD.STILES CITY COUNCIL AGENDA FAx(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIAS 21 APRIL 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL WORKSHOP - Conference Room - 3:00 PM A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) 1. QUALITY PHYSICAL ENVIRONMENT (QPE) a. Planning—Jack Whitney b. Public Utilities—Tom Leahy c. Public Works—Phil Davenport 2. FAMILY and YOUTH OPPORTUNITIES (FYO) a. Health - Dr. Heidi Kulberg b. Human Services - Dannette R. Smith II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Retired Priest, Diocese of Richmond 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 April 7, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES 1. Ordinances to AMEND the City Code: a. Daily reports to Chief of Police by Pawnbrokers, Junk, Secondhand Dealers and Precious Metal/Gem Dealers b. ESTABLISH the ViBe Creative District re an"Arts and Cultural District and Technology Zone" DISTRICT 6 - BEACH 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Community Development Corporation (VBCDC) re use of land and residence at 1409 Old Virginia Beach Road DISTRICT 6- BEACH 3. Ordinance to EXTEND the date for one (1) year to SATISFY conditions in the matter of closing unimproved portions of rights-of-ways at: a. Singleton Way (formerly Princess Anne Road) b. S. Witchduck Road (formerly Kempsville Road) c. Princess Anne Road (Relocated) 4. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $2,639,476 from the General Fund to the Risk Management Internal Service Fund re Workers' Compensation Claims b. $372,657 to the Schools Operating Budget as follows: $ 340,710 from Instruction to Technology Classification $ 31,947 from Operations and Maintenance to Technology Classification c. $ 60,984 in Grant Funds from the Virginia Department of Health re LUCAS CPR devices and LifePak cardiac monitor upgrades d. $ 60,984 to the Emergency Medical Services (EMS) Operating Budget re local match for Emergency Medical Equipment: $45,000—transfer within the EMS Operating Budget $15,984—from the General Fund Reserve for Contingencies I. PLANNING 1. TIMOTHY J. COSTEN for a Street Closure re an unimproved portion of Scott Bend Lane at North Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 2. LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2)residences at 4481 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDTION DEFERRAL TO MAY 5, 2015 3. ST. JAMES MISSIONARY CHURCH for a Modification of a Conditional Use Permit to allow a portable classroom at 5724 Old Providence Road DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 4. HOFD ASHVILLE PARK, LLC for Modification of Proffers of a Conditional Rezoning (approved May 10, 2005, and MODIFIED on February 14, 2012) of a single-family residential Development Plan at Ashville Park Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. G & A PROPERTIES, LLC for a Conditional Use Permit re auto repair at 590 Baker Road DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 6. EAT THE STREETS 757/MIKE STANDING FESTIVAL, LLC: a. Special Exception for Alternative Compliance to Section 2.2 of the Oceanfront Resort District Form-Based Code b. Conditional Use Permit re open air market and outdoor recreation at 712 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO): a. ADDING definitions of"Small Wireless Telecommunication facility", "Temporary Communication Tower" and AMENDING the definition of"Antenna, Building-Mounted," b. Building-Mounted Antennas and Small Wireless Telecommunication facilities c. ESTABLISHING requirements for Small Wireless Telecommunication facilities, Temporary Communication Towers and Building-Mounted Antennas d. The Oceanfront Resort District Form-Based Code by ALLOWING Small Wireless Telecommunication facilities as Permitted Uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural Districts, R-2.5 through R-40 Residential Districts, A-12 through A-36 Apartment Districts, H-1 Hotel District, 0-1 and 0-2 Office Districts, B-2 through B-4C Business Districts, I-1 and I-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort Tourist Districts, CBC Central Business Core District and or Oceanfront Resort District RECOMMENDATION APPROVAL J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS—New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP APRIL 21ST PUBLIC HEARING— Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chamber APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL WORKSHOP - Conference Room - 3:00 PM A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) 1. QUALITY PHYSICAL ENVIRONMENT (QPE) a. Planning—Jack Whitney b. Public Utilities—Tom Leahy c. Public Works—Phil Davenport 2. FAMILY and YOUTH OPPORTUNITIES (FYO) a. Health - Dr. Heidi Kulberg b. Human Services - Dannette R. Smith II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW l I II I IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Retired Priest, Diocese of Richmond 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 April 7, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES 1. Ordinances to AMEND the City Code: a. Daily reports to Chief of Police by Pawnbrokers, Junk, Secondhand Dealers and Precious Metal/Gem Dealers b. ESTABLISH the ViBe Creative District re an "Arts and Cultural District and Technology Zone" DISTRICT 6 - BEACH 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Community Development Corporation (VBCDC) re use of land and residence at 1409 Old Virginia Beach Road DISTRICT 6- BEACH 3. Ordinance to EXTEND the date for one (1) year to SATISFY conditions in the matter of closing unimproved portions of rights-of-ways at: a. Singleton Way (formerly Princess Anne Road) b. S. Witchduck Road (formerly Kempsville Road) c. Princess Anne Road (Relocated) 4. Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $2,639,476 from the General Fund to the Risk Management Internal Service Fund re Workers' Compensation Claims b. $372,657 to the Schools Operating Budget as follows: $ 340,710 from Instruction to Technology Classification $ 31,947 from Operations and Maintenance to Technology Classification c. $ 60,984 in Grant Funds from the Virginia Department of Health re LUCAS CPR devices and LifePak cardiac monitor upgrades d. $ 60,984 to the Emergency Medical Services (EMS) Operating Budget re local match for Emergency Medical Equipment: $45,000—transfer within the EMS Operating Budget $15,984—from the General Fund Reserve for Contingencies .u 8�;,, ,„, 4,„ I_ -,,s,.......,,,,,, w, 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: April 21, 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. This item was deferred at the March 17, 2015 City Council meeting. • 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 June 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: AV , 0'_L 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 4400 19 pTifri, 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. 42 . . . . 43 Sec. 25-8. Pawnbroker's records. 44 (a) Every pawnbroker shall keep at his place of business , 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 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 (810) 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 (efl 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. 119 (c) The information required by subdivisions (1) through (4) and the digital image of the 120 form of government-issued identification used by the seller required by subdivision 121 (6) of subsection (a) of this section shall be tratted submitted in an electronic 122 format, - -- • - - - - - - - - - -- - •- - , - • - - - _ - _ 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 June 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: (AAA/at Polic Department City Attorney's O ice CA13287 R-2 April 15, 2015 o�irr' l tNukttcyy� ,s S y s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Establishing the Vibe Creative District as an Arts and Cultural District and Technology Zone and Providing Requirements and Incentives for Qualifying Businesses in Such District MEETING DATE: April 21, 2015 • Background: Legislation passed by the General Assembly in 2009 allows municipalities to create arts and cultural districts. There are over 500 communities in the United States that now have arts and cultural districts. The purpose of this chapter is to attract creative industries to the City by establishing a district that combines elements of traditional arts & cultural districts with technology zones, to encourage creative activities at existing venues, to attract new establishments at which creative activities are carried on, and to establish a framework for broadening economic development through creative endeavors. It is the intention of the City Council to encourage the growth of creative activities and organizations by facilitating and incentivizing the establishment and growth of businesses principally engaged in fields such as art, architecture, graphic design, fashion, film and other media, software, music, publishing, performing arts, culinary arts, advertising, sustainability and other fields in which creativity and originality are essential elements of the business. Led by community leaders at the Resort, the ViBe Creative District has grown organically. In February 2015, City Council identified the creation of the District as a top priority for the year. • Considerations: The proposed ordinance provides financial incentives to qualifying creative businesses in the district. Such incentives include reimbursements of BPOL taxes, reimbursement of building code, zoning, etc. fees; eligibility for Economic Development Incentive Program awards and investment partnerships and partial tax exemptions for rehabilitated structures • Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. • Attachments: Ordinance, Map of ViBe District Submitting Department/Agency: Office of Cultural Affairs 6tiv.,,,Ths) v City Manager. , 1 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW 2 CHAPTER 9, CONSISTING OF SECTIONS 9-1 THROUGH 9-9, 3 ESTABLISHING THE ViBe CREATIVE DISTRICT AS AN ARTS 4 AND CULTURAL DISTRICT AND TECHNOLOGY ZONE AND 5 PROVIDING REQUIREMENTS AND INCENTIVES FOR 6 QUALIFYING BUSINESSES IN SUCH DISTRICT 7 8 Sections Added: City Code Sections 9-1 through 9-9 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That the City Code is hereby amended by the addition of a new Chapter 9, consisting of City 14 Code Sections 9-1 through 9-9, establishing the ViBe Creative District and providing requirements 15 and incentives for qualifying businesses within the district, to read as follows: 16 17 CHAPTER 9. CREATIVE DISTRICTS 18 19 Sec. 9-1. Purpose. 20 21 The purpose of this chapter is to attract creative industries to the City, to encourage 22 creative activities at existing venues, to attract new establishments at which creative activities are 23 carried on, and to establish a framework for broadening economic development through creative 24 endeavors. It is the intention of the City Council to encourage the growth of creative activities and 25 organizations by facilitating and incentivizing the establishment and growth of businesses 26 principally engaged in fields such as art, architecture, graphic design, fashion, film and other 27 media, software, music, publishing, performing arts, culinary arts, advertising, sustainability and 28 other fields in which creativity and originality are essential elements of the business. 29 30 COMMENT 31 32 The section states the purpose of establishing Creative Districts within the City. 33 34 Sec. 9-2. Establishment of districts; boundaries. 35 36 There are hereby established the following Creative Districts within the City: 37 38 (a) The ViBe Creative District, which shall consist of all property designated on the map 39 entitled "ViBe Creative District," dated April 21, 2105, which map is on file in the Cultural Affairs 40 Office and Department of Planning. Such district is hereby declared an arts and cultural district 41 and technology zone. 42 43 44 COMMENT 45 46 The section establishes the ViBe Creative District, establishes its geographic extent, and declares the 47 District to be an arts and cultural district and a technology zone. 48 49 Sec. 9-3. Definitions. 50 51 (a) Administrator means the City Manager or such other person as he may designate to 52 perform the duties of the Administrator under this chapter. The City Manager may designate such 53 other persons to assist in the administration of this Article as he may deem appropriate. 54 55 (b) Locally sourced shall be limited to produce that is grown, or meat, seafood or other 56 animal products derived from poultry or livestock, raised within the Commonwealth of Virginia or 57 within one hundred (100) miles of the location at which they are sold. 58 59 (c) Qualifying organization means: 60 61 (1) An individual, business or other entity that contributes to the spectrum of arts 62 and cultural activities and venues available to the public by regularly 63 presenting live performances of theatre, dance, music, or other imaginative 64 work or producing or exhibiting physical works created by, or under the 65 direction of one or more artists, that are intended for unique production or 66 limited reproduction; 67 68 (2) A museum or historic site, the primary mission of which is education or 69 historic preservation; 70 71 (3) A theater, including an art-house movie theater for art, independent and world 72 films, art gallery, dance studio, music venue, performance space, art school 73 or academy, including a culinary arts school or academy; or 74 75 (4) An individual, business or other entity that is principally engaged in one of 76 more of the following fields or activities: 77 78 A. Architecture; 79 80 B. Marketing and advertising; 81 2 82 C. Culinary arts, including, but not limited to, artisans engaged in bread 83 making, cheese making, charcuterie, confectionary, coffee roasting or 84 similar practices, culinary institutes, and restaurants that (i) locally 85 source no less than ten per cent (10%) of the food served at the 86 establishment; (ii) are not one of a chain of restaurants having more 87 than ten (10) establishments; and (iii) prepare food by hand or using 88 traditional, non-industrialized methods. For purposes of this section, 89 "locally" shall mean within the Commonwealth of Virginia or no farther 90 than fifty (50) miles from the location of the subject establishment', 91 92 D. Design. including industrial, interior, graphic, web and fashion design; 93 94 E. Film and media, including radio, video animation and photography; 95 96 F. Publishing; 97 98 G. Software development; 99 100 H. Research and development of technology related to: (i) energy 101 efficiency and renewable energy; (ii) water use efficiency; (iii) the 102 reduction of waste, pollution and environment degradation; (iv) 103 sustainable development; or (v) green building; 104 1. Historic preservation; 105 106 J. Craft breweries, craft distilleries or wine-tasting rooms; 107 108 K. Farmers' markets at which locally-sourced produce, meat and eqqs, 109 seafood, artisan breads and cheeses, hand-harvested honey, and 110 other fresh, small-batch foodstuffs are the predominant items that are 111 offered for sale; or 112 L. Antique markets at which the display of antiques covers at least fifty 113 per cent (50%) of the display floor area. For purposes of this section, 114 antiques shall include only works of art, furniture, decorative objects or 115 similar items having special value by virtue of their age and 116 uniqueness. 3 117 A qualifying organization shall be physically located within a Creative District designated by the City 118 Council. 119 COMMENT 120 121 This section defines certain of the terms used in the ordinance. 122 123 Sec. 9-4. Administration; eligibility. 124 125 (a) Upon application, the Administrator shall determine, in writing,whether the applicant 126 shall be classified as a qualifying organization as defined in Section 9-3. The applicant shall have 127 the burden of demonstrating to the satisfaction of the Administrator that it meets the requirements 128 to be so classified. The determination of the Administrator that an applicant shall not be classified 129 as a qualifying organization shall be appealable to the City Manager. No applicant shall be 130 classified as a qualifying organization if the Commissioner of the Revenue determines that such 131 applicant is delinquent in the payment of any taxes or fees payable to the City. 132 133 (b) A qualifying organization shall establish its eligibility to receive the incentives provided 134 for in this chapter on an annual basis; provided, however, that in the event the Administrator has 135 reason to believe that a qualified organization no longer meets the applicable requirements, such 136 organization shall, upon request of the Administrator, provide such information as will enable the 137 Administrator to determine whether the organization continues to meet the applicable 138 requirements. 139 140 (c) A qualifying organization shall file an annual business license application with the 141 Commissioner of the Revenue, pay any applicable business license taxes, and shall provide the 142 Commissioner with certification from the Administrator that the organization meets the 143 requirements for classification as a qualifying organization. The amount of gross receipts to be 144 earned shall be set out in the license application and shall be subject to verification by the 145 Commissioner by audit or inspection of documents. The qualifying organization shall also provide 146 the Commissioner, upon request, with proof that no taxes or fees payable to the City are delinquent 147 at the time of application. In the event any such taxes or fees are delinquent, the Commissioner 148 shall so notify the Administrator, who shall decline to certify the applicant as a qualifying 149 organization. 150 151 (d) Failure of a qualifying organization to pay in full by the due date any taxes or fees 152 payable to the City shall result in the denial or revocation of such organization's qualifying status 153 for the remainder of the current calendar year or until such taxes or fees are paid in full. 154 4 155 (e) The Administrator shall, after consultation with the Commissioner of Revenue, Real 156 Estate Assessor or other appropriate officer, prescribe additional procedures for the 157 implementation and administration of this chapter not provided for herein, to the extent such 158 procedures are not inconsistent with this chapter or applicable law. 159 160 COMMENT 161 The section sets forth the duties of the Administrator and responsibilities of qualifying organizations. 162 163 Sec. 9-5. Qualification. 164 165 Upon determination by the Administrator that an applicant is a qualifying organization, such 166 organization shall be qualified to receive the incentives provided for in this chapter; provided, 167 however, that a qualifying organization to which a business license was issued prior to the 168 effective date of the establishment of the Creative District in which it was located at the time of the 169 issuance of such license shall not be eligible for the incentives set forth in Sections 9-6 or 9-7. All 170 such incentives shall be subject to annual appropriation by the City Council. If an organization 171 ceases to be a qualifying organization during a year in which reimbursements, payments or 172 exemptions apply, they shall be prorated for the months such organization was a qualifying 173 organization. 174 COMMENT 175 The section provides that qualifying organizations are entitled to receive the incentives specified in the 176 ordinance and provides for proration in the event such an organization ceases to qualify. The section also 177 distinguishes between businesses that existed in a Creative District prior to the establishment of the district and 178 businesses that are new to the district. The former class do not qualify for the incentives set forth in Sections 9-6 179 and 9-7. 180 181 Sec. 9-6. Reimbursements of business, professional and occupational license taxes. 182 183 (a) Qualifying organizations shall be entitled to a reimbursement of business, 184 professional and occupational license taxes imposed by Chapter 18 for a period of ten (10)years 185 immediately following the Administrator's determination pursuant to Section 9-4 or until such 186 organization no longer qualifies for such reduction, whichever is the first to occur; provided, 187 however, that in the event the Administrator's initial determination occurs with less than six (6) 188 months remaining in the calendar year, a qualifying organization may elect to designate the 189 following calendar year as the first year for purposes of obtaining the reimbursement; and provided 190 further, that any qualifying organization eligible for the flat business license tax pursuant to section 191 18-207 may elect to defer receiving reimbursement as provided in this section until the first 192 business license year after the expiration of its entitlement as provided in section 18-207. 5 193 (b) All business license tax reimbursements are subject to adjustment by the 194 Commissioner of the Revenue based on actual gross receipts earned from qualifying activities. 195 Any additional business license tax assessed due to such adjustments, or due to revocation of the 196 tax rebate, shall be subject to collection and delinquency provisions set out in Chapter 18 of the 197 City Code. 198 199 COMMENT 200 201 The section provides that a qualifying organization is entitled to reductions of BPOL taxes for a period 202 of ten years and sets forth the requirements for qualification and sets forth rules for pro-ration of reductions, 203 disqualification for failure to timely pay taxes. 204 205 Sec. 9-7. Reimbursement of building code, zoning, etc. fees; eligibility for Economic 206 Development Incentive Program awards and investment partnerships. 207 208 (a) The fee reimbursements provided for in subsections (b) through (d) shall apply to 209 qualifying organizations for new construction, alterations and rehabilitation, provided that: (i) no 210 less than one hundred per cent(100%) of the total cost of the construction is expended on facilities 211 which will house or directly accommodate a qualifying organization; (ii) that the qualifying 212 organization itself paid the fees for which reimbursement is sought; and (iii) the completed 213 application for reimbursement, together with all other required materials, is submitted to the 214 Administrator within the times set forth below. Fees reimbursed pursuant to this chapter shall be 215 paid out by the City. 216 217 (b) Building code fees. Applications for reimbursement of permit and inspection fees 218 under Chapter 8, Article 2 of the City Code shall be accompanied by material demonstrating to the 219 satisfaction of the Administrator that the proposed construction meets the reimbursement criteria 220 set forth in subsection (a). Such applications shall be submitted by no later than twelve (12) 221 months after final inspection of the work performed. All building code fees shall be paid by the 222 qualifying organization prior to receiving such reimbursement. 223 224 (c) Zoning ordinance fees. Applications for reimbursement of fees for applications for 225 discretionary development approvals shall be submitted by no later than twelve (12) months after 226 the date of the approval. All such fees shall be paid by the qualifying organization prior to 227 receiving reimbursement. For purposes of this section, the term "discretionary development 228 approvals" shall include changes of zoning district classification, conditional use permits, special 229 exceptions granted by the City Council under the Alternative Compliance provisions of the zoning 230 district in which the qualifying organization is located, and approvals of PD-H1 or PD-H2 land use 231 plans. 6 232 (d) Subdivision and site plan fees. Applications for reimbursement of fees for subdivision 233 and site plan review pursuant to the City's Subdivision Regulations (City Code Appendix B) or Site 234 Plan Ordinance (City Code Appendix C) shall be submitted by no later than twelve (12) months 235 after the date of approval of the preliminary or final subdivisions plat or site plan, as the case may 236 be. All such fees shall be paid by the qualifying organization prior to receiving such 237 reimbursement. 238 239 (e) Stormwater management review fees. Applications for reimbursement of fees 240 incurred pursuant to the Stormwater Management Ordinance (City Code Appendix D) shall be 241 submitted by no later than twelve (12) months after the date such fees are incurred. All such fees 242 shall be paid by the qualifying organization prior to receiving such reimbursement. Stormwater 243 management utility fees imposed pursuant to Chapter 32.5 of the City Code shall not be 244 reimbursed pursuant to this section. 245 246 (f) Economic Development Incentive Program; investment partnerships. Qualifying 247 organizations shall be eligible for awards pursuant to the Economic Development Incentive 248 Program in accordance with the provisions of the Economic Development Investment Program 249 Policy and Procedure. Qualifying organizations located within a Strategic Growth Area or Special 250 Economic Growth Area shall also be eligible to participate in investment partnerships with the City 251 or Virginia Beach Development Authority in accordance with the provisions of the Guidelines for 252 Evaluation of Investment Partnerships for Economic Development, adopted by the City Council on 253 January 14, 2014, and any future amendments thereto. 254 255 COMMENT 256 257 The section sets forth the types of financial incentive and the procedure and requirements for receiving 258 them. The incentives include reimbursements of Building Code,zoning,subdivision,site plan and stormwater 259 management review fees. In addition, qualifying organizations are eligible for EDIP awards and investment 260 partnerships with the City or Development Authority if they qualify under the applicable criteria. 261 262 Sec. 9-8. Partial tax exemption for rehabilitated structures. 263 264 (a) Eligibility for exemption. To be eligible for the partial exemption from real estate 265 provided by this section, a building or structure shall be no less than twenty (20) years of age at 266 the time the application is made. Any such exemption shall only apply to buildings or structures 267 that have been substantially rehabilitated, renovated or replaced for commercial or industrial use 268 by a qualifying organization after the effective date of this section. The exemption shall apply only 269 for such period as at least fifty per cent(50%) of the total floor area of the rehabilitated structure is 270 occupied by a qualifying organization, as defined in section 9-3. For purposes of this section: 7 271 272 (1) "Rehabilitation"shall mean the process of returning a property to a state of 273 utility, through repair or alteration, which makes possible an efficient use of 274 the property; and 275 276 (2) "Qualifying costs" shall include the costs of all work done to the structural 277 components, heating, plumbing and electrical systems of the building, work 278 done to update kitchens and bathrooms, work necessary for compliance with 279 the Americans With Disabilities Act, the installation of fire suppression 280 systems and fire escapes, reasonable architectural and engineering fees, 281 construction period interest, site work, landscaping elements and 282 construction management costs, but shall not include acquisition costs . 283 284 (b) Application for exemption;base value. To qualify fora partial tax exemption pursuant 285 to this section, the owner of such structure shall, at the same time an application is made for a 286 building permit to rehabilitate such structure, file with the Administrator an application and 287 construction plans. Among the other information supplied, the applicant shall estimate on the 288 application form the qualifying costs of the rehabilitation project. Such application shall be filed 289 prior to the commencement of any rehabilitation work for which an exemption is sought. No 290 structure shall be eligible for such exemption unless all required building permit(s) have been 291 issued. 292 (c) Review of application and plans. The Administrator shall review all applications, 293 plans and other information submitted that relate to a rehabilitation project for which the 294 exemption provided by this section is sought. If, after reviewing the application and plans for a 295 proposed rehabilitation project, the Administrator determines in writing that the proposed project is 296 eligible for the partial tax exemption provided for in this section, he shall notify the applicant that 297 the project has been approved for the exemption, subject to compliance with the provisions of this 298 section. The Administrator, on behalf of the City, and the owner of the structure shall thereafter 299 enter into an agreement setting forth the terms and conditions pursuant to which the exemption 300 provided for in this section is granted. 301 302 (d) Exemption for rehabilitated structures. Notwithstanding any contrary provision of the 303 City Code, the exemption for rehabilitated structures shall be calculated and applied as set forth 304 below: 305 306 8 II 307 308 (1) The assessment of the structure for the current tax year, prior to 309 commencement of the rehabilitation, shall constitute the base value of the 310 structure. The exemption shall be in an amount equal to the greater of the 311 initial increase in assessed value of the structure above its base value 312 resulting from the rehabilitation of the structure, as determined by the real 313 estate assessor, or an amount equal to fifty (50) percent of the qualifying 314 costs of rehabilitating the structure; provided, however, that the amount of 315 the exemption provided by this subsection shall not exceed the amount of 316 the assessment of the structure at any time after its rehabilitation. 317 318 (2) The exemption shall run with the land for ten (10) years; provided, however, 319 that if the Administrator determines that the criteria for the eligibility for the 320 exemption no longer applies, the exemption shall cease as of the current tax 321 year. The owner of the structure shall, upon request of the Administrator, 322 furnish to the Administrator such information as is reasonably necessary for 323 the Administrator to determine whether the rehabilitated property continues 324 to meet the eligibility requirements of this section; provided, however, that 325 the Administrator may consider all relevant information available to him in 326 making such determination. 327 328 (3) No increase in assessment occurring after the first year of such rehabilitation 329 exemption shall qualify for an increase in such exemption. In the event of a 330 decrease in the property's assessed value after the first year of any 331 rehabilitation exemption, the exemption shall be based on the difference in 332 taxes computed on the base value and the decreased assessed value of the 333 property. The applicant shall submit to the real estate assessor 334 documentation of all qualifying costs incurred as a basis for the exemption, 335 and shall execute an affidavit stating that all such costs were incurred as part 336 of the project. 337 338 9 4 I II I 342 (4) By August 15 of each year for the duration of the exemption, the real estate 343 assessor shall notify the city treasurer of the exemption and the amount to be 344 credited to the property owner's tax bill. 345 346 COMMENT 347 348 The section sets for the eligibility criteria for a partial exemption from real estate taxes on commercial or 349 industrial buildings occupied by qualifying organizations. It also sets forth the amount of the exemption and the 350 procedures for its administration. 351 352 Sec. 9-9. Live-work units. 353 354 (a) Live-work units shall be allowed in accordance with the applicable provisions of the 355 City Zoning Ordinance and Oceanfront Resort District Form-Based Code. 356 357 COMMENT 358 359 The section states that live-work units are allowed in the ViBe Creative District,to the extent allowed by 360 and subject to applicable provisions of the City Zoning Ordinance and Oceanfront Resort District Form-Based 361 Code. As of the date this ordinance will be heard by the City Council, ordinances establishing general 362 requirements for live-work units and designating them as permitted principal uses in certain building types in 363 the Form-Based Code are pending before the Planning Commission. 364 365 366 Adopted by the City Council of the City of Virginia Beach, Virginia on the day of 367 , 2015. 368 369 370 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC NCY: 371 6(.ttimpto 337372 Ars o\-' Atiutior..., �374 Cultural Affa' Office City Attorney's Office 375 376 377 APPRe ED AS TI CONT NT: 378 379 380 tL 381 Com' issione s t - Revenue 382 383 CA-12724 384 R-16 385 April 14, 2015 10 II ...----7 p ",`3 '4trea° , *.any ,' ; - '. 01 ' m 11-1- * ! a CI.7 -_\`' \.,:s. • 1 IPIP 1-1„..„ tr, - ---.,, ‘„ ‘,., 'rr� 3 * - - By Is , .,,,,,,,,,i,„,.1.6 ik\ie i pat-N , , . 140 .,....!'0#04 t __ , .0101 0 160., -, - - _----, ,..,,,,,,,,,,v„ ,..,„:,,„„, ,,to all _. io ---- \ -,:',,"'"?'"." '7"."'''',4"-v"„,..„4ft,-,'" '''',WIs' ,, '"'" 4 VII r,,,w,„,,,,,,, low ---- Ti —goo .0111 AV S� ; -�=- _ ;.. IA *,-1 .1111e''' (1) ,., -,msM S itchilloit lik2..:---: 0.* lin 0. -- , 0 ,,,;,",. .0 7'-10-,..t.4,;,k'1•cp It 4 i? , N ,, „,......4Y) „...fi r{ o r Z 1 1 es , , . ,.( iY '-';',-- ' in'z.,.- 11,11,4 cl'''-.1 P- T”' '2".'4.14-0,1'-';'6''''.4:\E tt,-.6000* 't:;;:t1M0-‘247 '''.'411.; , ----% \ ..i -7-11, ,iii,,-.)- — ' ,, , (Ie.\ : ,,, ,,,e Mr!' 10 -tA- cwilifili 1:i'l,''''"'::?4, '...ti;,,,-,,:it,,,:zt --A tr 01,0,',..-14, %,,,,,„,,,„,s,,qii,,,!,1 ,1,...:&•'P,,, i_--..,,-_, _�� 441 ,��:t ��fl } \-,--..,,_,\G cer"' y Jr ,„ „ N w,„--- 0, 41 0110111„,....,. ..„, I.,ir ... ,, ,,,,,, . \ _.. .,..,,,_ , ,,„ ',-.7.-3 ",--- -A-1 ._._.,.,,. ',1H .. ... , , ..., , , „,, , .. _,,, t _ ...-----7,,,,,,,, r }. ,, , , _ ,,,„ „ ,,,,,,,, .. � _—_NaIm a y 3---` ally,-„,,,,,i,,,,,,;,,,..,, , + V \ \,,i, ..„,,... r? '�. ccIm 0111II \ 0 � '` " I111 N \ - \ + *'/ " " , t W v/ 11! t,.4;_,-4:111111!'!','1..„ t FY 1,4-; '4 *1*. . ._ , ( .. _ 0111 m dW s.` CC �',,. ^-,/ , -10 , I , ' \ \ \ ` \ N N s i WI ( / 0 / >+ c a) E 4+' \\,/ 4"" C •-- 0 -5 4-0 L _ ,..- < 03 E si g Os vsii a 0 0 ,- 2, -C; i O > L ci): g \ > c III -, -- \ 11 \ < -< a 1;11 0 \ L --L, N 111-AlTd3 2:1 co '1') 01 IT CP 1Y 4i. ..- cki a to III L_ x CNI BAY MVO_______ 10 0 111 0`, I 'CZ3 4' III L.---L..-Th cc 5 L 0 5\ I ,---__ r-11-93 r .., i _ 1'1 = I 16 poi \„,,imik .4 u — Is•-• u)(1) _---- --- cn Al ______ I Q09 RUDDER RD _---- >4 t-- to 4–. — o ci, )-- 0 6 € o. s) LIIJ & 0 " I \ , I Cr. 0 c >, 7;2 •Z WC' , . 0) I a) -zt Q2 11 ...0011111111111i\ I', —.1 a_ i [ $ w '; ,,,? „..:,:.,..,,,t, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with the Virginia Beach Community Development Corporation for the use of land and a residence located at 1409 Old Virginia Beach Road. MEETING DATE: April 21, 2015 • Background: Virginia Beach Community Development Corporation ("VBCDC") currently leases the residential property located at 1409 Old Virginia Beach Road (GPIN 2417-17-9326) (the "Premises") from the City of Virginia Beach pursuant to ORD-3083C adopted May 12, 2009. VBCDC would like to continue leasing the Premises, which they are using to provide affordable rental housing for Virginia Beach residents. Due to a scrivener's error, the ad that ran for the January 20, 2015 Council date listed the property as 1409 Virginia Beach Road. The ad was re-run for the February 17, 2015 Council date in order to clarify the property proposed to be leased as 1409 Old Virginia Beach Road, but that Council date was cancelled due to inclement weather. The public hearing was re-advertised and ultimately held on March 17, 2015. The Ordinance previously adopted on January 20, 2015 must be addressed again in order to follow the public hearing per statutory requirements. Considerations: This lease would be for a term of one (1) year, with four one-year renewals, and the City has a thirty (30) day termination right. The property was acquired as a part of the City's APZ-1 Use and Acquisition Plan (CIP 9-060). During VBCDC's initial lease period, they completed noise attenuation requirements and brought the Premises into compliance with City code, and these measures will be maintained during the proposed lease period. • Public Information: Advertisement of City Council Agenda. Advertisement of Public Hearing. • Alternatives: Approve terms of Lease Agreement as presented, alter terms of the proposed Lease Agreement, or decline to lease the subject premises. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office pADCity Manager �,�o I II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH THE VIRGINIA BEACH 5 COMMUNITY DEVELOPMENT CORPORATION 6 FOR THE USE OF LAND AND A RESIDENCE 7 LOCATED AT 1409 OLD VIRGINIA BEACH ROAD. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain parcel of land and the residence located thereon located at 1409 Old 11 Virginia Beach Road (GPIN 2417-17-9326) and more particularly described on 12 Exhibit "A" attached hereto (the "Premises"); 13 14 WHEREAS, the Virginia Beach Community Development Corporation 15 ("VBCDC") is currently leasing the Premises pursuant to ORD-3083C adopted 16 May 12, 2009; 17 18 WHEREAS, VBCDC, in accordance with the current lease, performed 19 noise attenuation measures and brought the Premises into compliance with City 20 building codes; 21 22 WHEREAS, VBCDC would like to continue leasing the Premises from the 23 City and will perform all required maintenance during the lease term; 24 25 WHEREAS, VBCDC would like to enter into a formal lease with the City 26 for the Premises in accordance with the Summary of Terms attached hereto as 27 Exhibit "B"; and 28 29 WHEREAS, the Premises will be utilized for affordable housing for Virginia 30 Beach residents and for no other purpose. 31 32 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for a term 36 of one year, with the option to renew for four one-year terms, between VBCDC 37 and the City, for the Premises in accordance with the Summary of Terms 38 attached hereto and such other terms, conditions or modifications as may be 39 deemed acceptable by the City Manager and in a form deemed satisfactory by 40 the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 43 day of , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM &P, 5L/11 City Atto Facilities fin-nageme CA12955 4/10/2015 R-2 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d008\p023\00196467.doc EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: A residential property: 1409 Old Virginia Beach Road (GPIN: 2417-17-9326) TERM: February 1, 2015 through January 31, 2016, with four(4) one-year renewal options. Renewal terms are at the City's option. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF VBCDC: • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one family reside in the dwelling unit. • Shall not modify the Premises without prior approval from City. • Will maintain sound attenuation measures and compliance with City codes at Lessee's expense. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate the lease at any time without cause upon thirty (30) days' advance written notice. r.r„ 544ri s! LLW v� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying the conditions in the matter of closing an unimproved portion of Singleton Way (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and Princess Anne Road (Relocated) adjacent to the north, east, and southeast sides of the Parcel identified by GPIN: 1466-78-3845 ("PARCEL D") MEETING DATE: April 21, 2015 ■ Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the roadway alignment of each of these roadways was altered, and the intersection of the three arterials was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection, is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. On April 22, 2014, by Ordinance ORD-3345B, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by April 22, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The City shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of- way, this approval shall be considered null and void. The Applicant has worked to satisfy the conditions but requires additional time to complete satisfaction of conditions 2, 3 and 4. Staff concludes that the request for one additional year to satisfy the conditions is reasonable. • Recommendations: Allow an extension of one year for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Departmeni City Manager: S k Ncyli 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN UNIMPROVED 4 PORTION OF SINGLETON WAY 5 (FORMERLY PRINCESS ANNE ROAD), S. 6 WITCHDUCK ROAD (FORMERLY 7 KEMPSVILLE ROAD) AND PRINCESS ANNE 8 ROAD (RELOCATED) ADJACENT TO THE 9 NORTH, EAST, AND SOUTHEAST SIDES OF 10 THE PARCEL IDENTIFIED BY GPIN: 1466- 11 78-3845 ("PARCEL D") 12 13 WHEREAS, on April 22, 2014, City Council acted upon the application of 14 the City of Virginia Beach (the "Applicant") for the closures of a portion Singleton Way 15 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 16 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 17 18 WHEREAS, on April 22, 2014, City Council adopted an Ordinance (ORD- 19 3345B) to close the aforesaid unimproved portions of Singleton Way, S. Witchduck 20 Road and Princess Anne Road, subject to certain conditions being met on or before 21 April 22, 2015; and 22 23 WHEREAS, the Applicant has requested an extension of time and 24 requested up to one year from the current deadline, April 22, 2015, to satisfy the 25 conditions to the aforesaid street closure action. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 That the date for meeting conditions of closure as stated in the Ordinance 31 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 32 is extended to April 22, 2016. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 day of , 2015. 36 37 NO GPIN (RIGHT-OF-WAY) Adjacent to 1466-78-3845 APPROVED AS TO LEGAL APPRO ED AS TO CONTENT: SJFsCIEN , City A :bey Plan— separtment CA132 R-1 April 7, 2015 11 EXHIBIT Amb Z NOTES. AREA OF PROPOSED STREET CLOSURE 'D-1' I 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) me PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT S4,0� INTENDED FOR ANY OTHER.THAN GENERAL REFERENCE. (FO ETON 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS i.,1RL„ ^' 1/44, PROPERTY. A=88.85' (4 ¢O PRi4,�Es 'PA P R=772.50' le? ? 8)(MB 44,4E,Q„,qY I A =6'3524" ?0030? >6. P 4DJ o W S 0722'22' W P:0031,99, `3' tNitn ' 9.85' RO,00,.. J to O• v In N ►461(7' j"7i S , . Q�&NE. h'�)p ��N. S 8735'38 E Ab ? 0 101.83' S 82'30'20" E.Ss,�0. 'a N A=98.88' = 80.07' 4er ry�� R=725.00'-� '��.O 2 A=36.78' � ;t*st ry. c�PARCEL E N/F ' " 3� EMMANUEL PROTESTANT W A=38.09'-/ ♦ ; , ' EPISCOPAL CHURCH m L 3 0 .22" _ ory� �°`,�' At- EXISTING OF KEMPSVILLE _ I- �� .� A=37.66 1466-78-0931 R=75.00 �-'I R/W UNE if�4♦4� =28'46'03" 3 jz, _ o ' It N O� V 00 8 4, .f 2 b' CCSr cp m. ry rytry^'� 3. ck �Q1 cn • N I ��A '511 N 40'20'28" E 6.99' *. . ,� A� 7.20' ,• 7S 1521'33" W 71.12 N 40 20'28"E 18.97 r .3 85' `~N 1 74. 12.Y.5' ,32�.502 "0" W A' A=38.15' A=104.39' ' 105.78' 5 69 5 52 / R=87.50' R=1122.50' R N7)('.. 0=2458'55" D=5'19'43" 148:N 8A=6.43' PRINCESS ANNE ROAD ca 11/ N 49.39'32" W 4.00' (RELOCATED) N VAR R/W N S 4020'28' W 31.26' (/NST 20090519000553070)ONST 20091019001219680) A=45.15' AREASD (/NST 20100203000113230X/NST 20100409000329350) R=43.50 (1 E31 OF STREET CLOSURE 'D-2' . FT.PROPOSED OS0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) 0 =59'27'51" STREET CLOSURE EXHIBIT SHEET 1 OF 1 - OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD) ANBD AS. WITCHDUCK ROAD (RTE 190) 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) (PUBLIC RIGHT-01P-WAYSXINST No 20190316000305920) VIRGINIA BEACH, VIRGINIA Land Sup°rveyiq%fro Exclusively for � 1 CITY OF �GBEACH ifna ILDE 8 YN Mt 4, SCALE: 1" = 100' 04 FEBRUARY, 2014 I CAD/chk: TMF/els CITY OF VIRGINIA BEACH, VA F.B. P. PLAT: 1.111:213-0160 0'Z~t •.�vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Risk Management Internal Service Fund to Pay Workers' Compensation Claims MEETING DATE: April 21, 2015 • Background: The Risk Management Internal Service Fund accounts for automobile, general liability and workers' compensation insurance premiums and self-insurance costs. Much like the other internal service funds that the City operates, the costs associated with Risk Management are billed to and paid by the using departments. Risk Management expenditures in FY 2013-14 were $15,204,918, and the Risk Management Internal Service Fund Budget for FY 2014-15 is $15,488,371. Based upon projected spending, the actual expenses will total $18,127,847, which is $2,639,476 greater than current appropriations. Workers' Compensation premiums and claims costs during the current year are the primary reason for the excess costs. The City is self- insured for the first $1,250,000 for each Workers' Compensation claim. Due to the severity of several claims, and because medical costs in Virginia for Workers' Compensation are not constrained by any fee schedule or tied to Medicare reimbursement rates, medical costs are rising rapidly each year. Providers are permitted to charge rates without regard to health insurance discount rates or Medicare reimbursement schedules. The City's Legislative Agenda included an item that requested workers' compensation to be tied to Medicare rates as a mechanism to control rising medical costs. The requested legislation was not adopted. However, the General Assembly adopted House Bill 1820 (attached), which will convene a work group of stakeholders across the state and acquire findings and recommendations from the group to enhance or replace the current mechanism for establishing pecuniary liability for the employers. The City is seeking to be involved in this group study but note the findings and plan will take a year to implement. Risk Management, in conjunction with CorVel, the City's Third Party Administrator, will continue to strategically manage all aspects of claims to make sure all assets are being used in the most efficient and effective manner. • Considerations: These additional funds will be used to cover Workers' Compensation claims for injured employees. This request is to fund the additional amount needed from the fund balance of the General Fund and not from the Risk Management Fund, whose cash balance has decreased from $13.6 Million in 2011 to $6.9 Million currently. This cash represents the ability to fund 27% of the City's future liability for current claims, which is well short of the City's 70% goal. Further reductions to cash may impact future bond rating reviews. The attached ordinance is a request to appropriate $2,639,476 to the Risk Management Internal Service Fund for FY 2014-15. As submitted, the Proposed FY 2015-16 Operating Budget projects Undesignated Fund Balance to be 9.40% of General Fund Revenues. If this request is approved, the Undesignated Fund Balance will be 9.15%. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendation: Adopt the attached budget amendment. • Attachments: Ordinance; 2015 Acts of Assembly c. 456 Recommended Action: Approval Submitting Department/Agency: Department of Finance 610/ City Manager: 4�� , II VIRGINIA ACTS OF ASSEMBLY-- 2015 SESSION CHAPTER 456 An Act to amend and reenact § 65.2-605 of the Code of Virginia, relating to workers' compensation; pecuniary liability for medical services. [H 1820] Approved March 23,2015 Be it enacted by the General Assembly of Virginia: 1. That §65.2-605 of the Code of Virginia is amended and reenacted as follows: § 65.2-605. Liability of employer for medical services ordered by Commission; malpractice; assistants-at-surgery; coding. A. The pecuniary liability of the employer for medical, surgical, and hospital service herein required when ordered by the Commission shall be limited to such charges as prevail in the same community for similar treatment when such treatment is paid for by the injured person and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to the provisions of § 65.2-603, but the consequences of any such malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such. B. The Commission shall determine the number and geographic area of communities across the Commonwealth. In establishing the communities, the Commission shall consider the ability to obtain relevant charge data based on geographic area and such other criteria as are consistent with the purposes of this title. C. The pecuniary liability of the employer for treatment pursuant to subsection A that is rendered on or after July 1, 2014, by: 1. A nurse practitioner or physician assistant serving as an assistant-at-surgery shall be limited to no more than 20 percent of the reimbursement due under subsection A to the physician performing the surgery; and 2. An assistant surgeon in the same specialty as the primary surgeon shall be limited to no more than 50 percent of the reimbursement due under subsection A to the primary physician performing the surgery. E D. Multiple procedures completed on a single surgical site associated with medical, surgical, and hospital services pursuant to subsection A and rendered on or after July 1, 2014, shall be coded and billed with appropriate Current Procedural Terminology (CPT) modifiers and paid according to the National Correct Coding Initiative (NCCI) rules and the CPT as in effect at the time the health care was provided to the claimant. The CPT and NCCI, as in effect at the time such health care was provided to the claimant, shall serve as the basis for processing a health care provider's billing form or itemization for such items as global and comprehensive billing and the unbundling of health care services. Hospital in-patient health care services shall be coded and billed through the International Statistical Classification of Diseases and Related Health Problems (ICD) as in effect at the time the health care was provided to the claimant. 2. That the Workers' Compensation Commission shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment and shall provide an opportunity for public comment on the regulations prior to adoption. 3. That the Workers' Compensation Commission shall convene a work group of stakeholder representatives of employers, health care service providers, claimants, and insurers to advise and assist the Commission in (i) reviewing, analyzing, and comparing information contained within and reports on all possible databases containing workers' compensation or health care data for medical services rendered in Virginia, (ii) reviewing, analyzing, and comparing information contained within and reports on how similar databases are used for the establishment of the pecuniary liability of the employer in other states, and (iii) making findings or recommendations as to how the databases reviewed and the contents thereof may serve to enhance or replace Virginia's current mechanisms for establishing the pecuniary liability of the employer. The Workers' Compensation Commission shall report its findings and recommendations to the Chairmen of the House and Senate Commerce and Labor Committees by December 15, 2015. 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE RISK 2 MANAGEMENT INTERNAL SERVICE FUND TO PAY 3 WORKERS' COMPENSATION CLAIMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$2,639,476 is hereby appropriated from the fund balance of the General Fund, 9 with revenue from fund reserves increased accordingly, to the Risk Management Internal 10 Service Fund to meet the City's workers' compensation obligations. 11 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: 9A}U) 0 Budget and Manageme t Serv' es Ci • ey's Office CA13342 R-1 April 9, 2015 r �Al - *P�'Mar ...g.,I row uC;7 4 -17 z *wo-ysn �4`yv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funding within the FY 2014-15 Schools Operating Budget MEETING DATE: April 21, 2015 • Background: At its March 31st meeting, the School Board adopted a resolution requesting that City Council approve a transfer between various classifications. All of the impacted classifications are within the School Operating Fund (Fund 115). Because the requested transfers are between the major classifications, City Council approval is required. • Considerations: The School Board's resolution requests the following transfers, totaling $372,657, to purchase iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, laptops, software, and technology services: • $340,710 from Instruction to Technology; and • $31,947 from the Operations and Maintenance to Technology. The Schools budget remains balanced, and this transfer will not change total appropriations for Fiscal Year 2014-15. • Public Information: Information will be communicated to the public through the normal Council agenda process. • Attachments: School Board Resolution; Ordinance Submitting Department/Agency: Virginia Beach City Public Schools City Manager. k_ ,Ni„, ofSchool Board ������ Beach of City Virginia VIRGINIA BEACH CITY PUBLIC SCHOOLS — Daniel D. Edwards, DistrictZ— Chair � � s ^ o or r ° c coov � Kempsville, Beverly M.Anderson,At-LargeVice Char Sharon R. Felton, Dbt�t6—Beach School Administration Building#6, Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Joel A, McDonald, District 3—Rose Hall P. 0. Box 6038 | : Ashley K. McLeod,At-Large Virginia Beach, VA 23456 Kimberly A.K1einyk, District 7—Princess Anne (757) 2634000 Carolyn 1. Rye, District 5—Lynnhaven . � MISSION STATEMENT Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire Leonard C.Tengco, District 1—Centerville community,will empower every student to become a life-long learner Carolyn 0.Weems, District 4—Bayside who is a responsible,productive and engaged citizen within the global community. Aaron C.Spence, Ed.D.,Superintendent RESOLUTION REGARDING FY 2014-15 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach,Virginia by major Category; and WHEREAS, the Code of Virginia §II.l'llS, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS,the School Administration has determined that a number of schools and departments have technology-related spending needs that require categorical/fund transfers to enable such purchases such as: iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, laptops, software,technology services; and WHEREAS, the following budget transfers totaling$372,657 are recommended by the School Administration: • Total of$340,710 from Operating Fund 115 - Instruction to Operating Fund 115 -Technology * Total of$31,947 from Operating Fund 115—Operations& Maintenance to Operating Fund 115—Technology;and WHEREAS, these transfers are also necessary to appropriately expense and account for technology-related and cross- categorical expenses; and ross'cateRorica| expenses; and WHEREAS,transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board, NOW,THEREFORE,BE IT RESOLVED: That the School Board approvesand affirms theabove |i�edrecommendedusesofthcs*fu"doandbeb FURTHER RESOLVED:That the School Board requests that the City Council approve the budget categorical/funds transfers shown above;and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, arid the City Clerk. Adopted by the School Board of the City of Virginia Beach this 31st day of March 2015 , ~ ` - i SEAL ��nk _ CmEdwards, / � D. ' — Chairman Attest: Dianne P. AlexanderClerk of the Board 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 FY 2014-15 SCHOOL OPERATING BUDGET 3 4 WHEREAS, the School Board requests, by resolution adopted March 31, 2015, a 5 transfer of funds from various classifications to the technology classification to purchase 6 iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, 7 laptops, software, and technology services. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That $372,657 is hereby transferred within the FY 2014-15 Schools Operating 13 Budget (115 Fund) in the amounts set forth below: 14 15 1. $340,710 from the Instruction Classification to the Technology Classification; 16 and 17 2. $31,947 from Operations and Maintenance Classification to the Technology 18 Classification. 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: ) U . _ l Budget and Management Servi es orney's Office CA13337 R-1 April 3, 2015 r I II P ,v-`.A eEq i4 sriy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer a Local Match for the Purchase of Emergency Medical Equipment MEETING DATE: April 21, 2015 • Background: The General Assembly established the Four-for-Life program to provide financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs. Pursuant to the Code of Virginia §46.2-694, the Four- for-Life program collects an additional $4.00 on each state automobile license purchase each year. Twenty-five percent (25%) of the collected revenues are returned to the municipality through the Rescue Squad Assistance Fund (RSAF) grant. The grant is awarded by Virginia Department of Health, Office of Emergency Medical Services, and it supports the purchase of EMS equipment, vehicles, computers, EMS management programs, courses/classes and projects benefiting the recruitment and retention of EMS members. The proposed use of the grant funds is the purchase of six LUCAS CPR devices and five LifePak cardiac monitor upgrades. The LUCAS devices provide consistent (uninterrupted) high-quality chest compressions for victims of cardiac arrest. The LifePak upgrades have pulse oximetry and capnography capabilities. • Considerations: The grant provides $60,984 in state funding and requires a local match of$60,984. Currently, there is $45,000 available in EMS' FY 2014-15 Operating Budget that can be used for part of the local match. The General Fund Reserve for Contingencies would provide the balance of the local match, $15,984. As of March 30, 2015, the remaining balance is $634,757. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: ApprovalS Submitting Department/Agency:( Department of Emergency Medical Services City Manager: t ' k Y�- . 6-61P15 IIII 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER A LOCAL 3 MATCH FOR THE PURCHASE OF EMERGENCY 4 MEDICAL EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) That $60,984 is hereby accepted from the Virginia Department of Health, 10 Office of Emergency Medical Services, and appropriated, with estimated state revenues 11 increased accordingly, to the FY 2014-15 Operating Budget of the Department of 12 Emergency Medical Services to purchase 6 LUCAS CPR devices and 5 LifePak cardiac 13 monitor upgrades; and 14 15 2) That $60,984 for a local match is hereby provided as follows: 16 17 a. $45,000 is transferred within the FY 2014-15 Operating Budget of the 18 Department of Emergency Medical Services; and 19 20 b. $15,984 is transferred from the General Fund Reserve for 21 Contingencies to the FY 2014-15 Operating Budget of the Department 22 of Emergency Medical Services. 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: 9f/ Budget and Management Services • to e s Office CA13332 R-1 March 31, 2015 v I. PLANNING 1. TIMOTHY J. COSTEN for a Street Closure re an unimproved portion of Scott Bend Lane at North Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 2. LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2) residences at 4481 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDTION DEFERRAL TO MAY 5, 2015 3. ST. JAMES MISSIONARY CHURCH for a Modification of a Conditional Use Permit to allow a portable classroom at 5724 Old Providence Road DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 4. HOFD ASHVILLE PARK, LLC for Modification of Proffers of a Conditional Rezoning (approved May 10, 2005, and MODIFIED on February 14, 2012) of a single-family residential Development Plan at Ashville Park Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. G & A PROPERTIES,LLC for a Conditional Use Permit re auto repair at 590 Baker Road DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 6. EAT THE STREETS 757/MIKE STANDING FESTIVAL, LLC: a. Special Exception for Alternative Compliance to Section 2.2 of the Oceanfront Resort District Form-Based Code b. Conditional Use Permit re open air market and outdoor recreation at 712 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO): a. ADDING definitions of"Small Wireless Telecommunication facility", "Temporary Communication Tower" and AMENDING the definition of"Antenna, Building-Mounted," b. Building-Mounted Antennas and Small Wireless Telecommunication facilities c. ESTABLISHING requirements for Small Wireless Telecommunication facilities, Temporary Communication Towers and Building-Mounted Antennas d. The Oceanfront Resort District Form-Based Code by ALLOWING Small Wireless Telecommunication facilities as Permitted Uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural Districts, R-2.5 through R-40 Residential Districts, A-12 through A-36 Apartment Districts, H-1 Hotel District, 0-1 and 0-2 Office Districts, B-2 through B-4C Business Districts, I-1 and I-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort Tourist Districts, CBC Central Business Core District and or Oceanfront Resort District RECOMMENDATION APPROVAL i 11 ry�'� A egcy,,, e04 ,. , ,"pt , Si H .� �-ti„y.`yvv`J NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center,Virginia Beach, Virginia, on Tuesday,April 21, 2015, at 6:00 P.M., at which time the following applications will be heard: CITY OF VIRGINIA BEACH Ordinance to Amend City Zoning Ordinance Section 111 by adding definitions of "Small Wireless Telecommunication Facility" and "Temporary Communication Tower"and amending the definition of"Antenna,Building-Mounted,"City Zoning Ordinance Section 207,pertaining to requirements for Building-Mounted Antennas and Small Wireless Telecommunication Facilities,City Zoning Ordinance Section 232, establishing requirements for Small Wireless Telecommunication Facilities, Temporary Communication Towers, and Building-Mounted Antennas, and City Zoning Ordinance Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531,and 2203 and Section 5.2 of the Oceanfront Resort District Form-Based Code by allowing Small Wireless Telecommunication Facilities as Permitted Uses in the P-1 Preservation District,AG-1 and AG-2 Agricultural Districts, R-2.5 through R-40 Residential Districts,A-12 through A-36 Apartment Districts,H- 1 Hotel District,0-1 and 0-2 Office Districts,B-2 through B-4C Business Districts,I- 1 and 1-2 Industrial Districts, RT-1, RT-3,and RT-4 Resort Tourist Districts, CBC Central Business Core District, and Section 5.2 of the OR Oceanfront Resort District. DISTRICT 6—BEACH Tim Costen Application: Street Closure request for an unimproved portion of Scott Bend Lane,beginning at its intersection with the east side of the right-of-way of N. Oceana Boulevard,and then extending eastward a distance of approximately 150 feet.Subject right-of-way is located between GPIN 24170664620000 and GPIN 24170663620000. Eat The Streets 757/Mike Standing Festival,LLC(Owner).(A)Special Exception for Alternative Compliance to Section 2.2 of the Oceanfront Resort District Form-Based Code and(B)Conditional Use Permit(Open Air Market&Outdoor Recreation).712 Atlantic Avenue(GPIN 2427235940). DISTRICT 1—CENTERVILLE St.James Missionary Church Application: Modification of Conditions at 5724 Old Providence Road(GPIN 1456844401). DISTRICT 7—PRINCESS ANNE HOFD Ashville Park, LLC Application: Modification of Proffers of a Conditional Rezonine(approved on 5/10/2005 and modified on 2/14/2012).Request is for modification of a single-family residential development plan (no increase in the number of dwelling units). Residential density is 1.085 units per acre. Comprehensive Plan-Transition Area(maximum residential density of 1 unit per acre).Property is located on the north and south sides of Ashville Park Boulevard (GPINs 2413473302; 2413476457; 2413558602). DISTRICT 2—KEMPSVIILE G&A Properties, LLC Application: Conditional Use Permit(Auto Repair)at 590 Baker Road(GPIN 1468302759). All interested citizens are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at hN)://www.vt)gov.cor 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:APRIL 5&12,2015 11 �ii,r +Magr;i L3* J1- : s::,,,,„,;:,,,f;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Timothy J. Costen for the Closure of a 4,500 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Scott Bend Lane MEETING DATE: April 21, 2015 • Background: Timothy J. Costen, a/k/a Tim Costen (the "Applicant"), owns property located at 324 N. Oceana Blvd. and has requested the closure of a 4,500 sq. ft. portion of Scott Bend Lane (the "Right-of-Way"). The Right-of-Way is unimproved and situated between the Applicant's property and 400 N. Oceana Blvd., which is owned by Thomas F. Owens, Ill ("Owens"). The Right-of-Way has not been used for vehicular traffic, but has been used as a pedestrian pathway. The Applicant desires to incorporate all of the closed Right-of-Way into his current property to enlarge the yard. Owens has signed a letter indicating he has no interest in purchasing the portion of the Right-of-Way adjacent to his property. is Considerations: The Right-of-Way is located within the accident Potential Zone 1 and the City supports limiting residential development in this area. The Applicant has agreed to restrict the use by incorporating the Right-of-Way into his adjacent property, so that no buildable lot will be created by closing the Right-of-Way. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. 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 shall be 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. 2. The Applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The plat shall include a note that restricts the subdivided property to one single-family dwelling. I II 1 III 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. 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 (1) year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Disclosure Statement Form Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department \K--- City City Manager: �" �� - i II 1 ORDINANCE APPROVING APPLICATION OF 2 TIMOTHY J. COSTEN FOR THE CLOSURE OF A 3 4,500 SQ. FT. PORTION OF AN UNIMPROVED 4 RIGHT-OF-WAY KNOWN AS SCOTT BEND 5 LANE 6 7 WHEREAS, Timothy J. Costen, a/k/a Tim Costen (the "Applicant") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying 25 and being in the City of Virginia Beach, Virginia, 26 designated and described as "30' UNIMPROVED 27 RIGHT-OF-WAY (M.B. 29, PG. 64)" shown as the 28 hatched area on that certain plat entitled: "STREET 29 CLOSURE EXHIBIT OF A 30 FT. RIGHT-OF-WAY 30 ADJACENT TO LOT 20 AND 25.70' OF LOT 21 31 PROPERTY OF KENNETH CRUISER LOCATED IN 32 OCEANA GARDENS (M.B. 29, PG. 64) (M.B. 27, PG. 33 73) (M.B. 20, PG. 33) VIRGINIA BEACH, VIRGINIA", 34 Scale: 1" = 30', dated December 22, 2014, prepared by 35 Digital Survey Services, LLC, a copy of which is attached 36 hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 44 GPIN: City right-of-way/ No GPIN assigned 45 (Adjacent to GPINs: 2417-06-6362 and 2417-06-6462) 1 1 11 1 III 46 1. The City Attorney's Office will make the final determination regarding ownership 47 of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in 49 Streets Pursuant to Street Closures", approved by City Council. Copies of the 50 policy are available in the Planning Department. 51 52 2. The Applicant shall subdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining parcel. The plat must be submitted 54 and approved for recordation prior to final street closure approval. The plat shall 55 include a note that restricts the subdivided property to one single-family dwelling. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of-way 58 proposed for closure. Preliminary comments from the utility companies indicate 59 that there are no private utilities within the right-of-way proposed for closure. If 60 private utilities do exist, easements satisfactory to the utility company must be 61 provided. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the above 64 stated conditions within 365 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved within one 66 (1) year of the City Council vote to close the right-of-way this approval shall be 67 considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before April 20, 2016, this 72 Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before April 20, 2016, the date of final closure is 75 the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying fee, 78 the City Manager or his designee is authorized to execute whatever documents, if any, 79 that may be requested to convey such interest, provided said documents are approved 80 by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH as "Grantor" and TIMOTHY J. COSTEN as "Grantee." 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of , 2015. 2 I II I i i 90 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 91 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: vaa.MITAITO 1-1.1 604 Wit-bITAI Planning D:partment City Attorney CA13195 \\vbg ov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D028\P014\00012539.DOC R-1 April 13, 2015 3 1 11 EXHIBIT A NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THANma& 27, pa 73) GENERAL REFERENCE. (MERIDIAN: 1. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 22 f 23 24 GPIN 2417 06 8310 I opC.1 200611290017782501 M.B. 27, PG. 73 S 07 0'00" W L S tonne W AXLE(F)30.00'/ P/P£(F) 75.70' r 72'toot/F•e�nce--0,/ IX (Typical) AREA OF PROPOSED STREET,4QLOSURE ^1g 0.10 ACRE X 42'C.L.F.--..- (Others) .L.F.—� �. 20 1 9 ID(Others) /3741 GPIN 2 417 O6 6362 01 3GPIN 2417 06 8310 GPIN 2417 06 6462 ) 6 X$ DOC.' 20061129001778250 DOC., 20100223000171540 Q,� o , M.B. 121, PG. 53 i/.- s M.B. 27, PG. 73 -pi V' ./w ma k03 Ek aEe/g Wood I fl x_ 14/-04 cill "'','I ,ao/a� 1{IFR TY. -xJ J 7,j.n #324 03 rol i/771( I ri tn/3 k 1 61 ga ) ' • 3O'02k1 z CC P/N(F) N 0730'00" E� N 07'30'00" E 75.70' p/pE(F) NAIL(F) IN AXLE N. OCEANA BOULEVARD (FORMERLY EAST LANE) {ast�1,TH Oh G!� o(M.B. 27, PG. 73) (80' R/W) ,- STREET CLOSURE EXHIBIT V•HNB'UNELLE OF A 30 FT. RIGHT-OF-WAY No. 002334 ADJACENT Z- .2 LOT 20 AND 25.70'TCF LOT 21 ND SU 4 PROPERTY OF KENNETH CRUISER LOCATED IN OCEANA GARDENS (M.B. 29, PG. 64) Iii^ (M.B. 27, PG. 73)(M.B. 20, PG. 33) 4116,4 --" 1/ VIRGINIA BEACH, 1ARQNIA Digi num�1 i� TIMOTHY FOR COSTEN Survey i!e a Services> 0' 30' 60' 90' LAND SURVEYING um um ammo miummini 448 BATT MI)BLVD N.-5011E E t OE MB IMMINIM CHESAPEAKE, VA. 23320 (757)421-7755 (FAX)421-7743 SCALE : 1"-30' I DATE : DECEMBER 22, 2014 I DWG. BY : HTB I PROJ. #0135514 BEACH ,Vu i-6cSk Tim Costen bi hsA fo S N Rsn=1'- ; '�; �'st{1} March 11, 2015 Public Hearing N�. >'3dBLdri iai rii i rJI _1'` 1 ` i�; II 1 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE:Vacant unimproved paper street SURROUNDING LAND North: • Vacant lot/R-5D Residential District USE AND ZONING: South: • Single-family dwelling/R-5D Residential District East: • Duplex Dwelling /R-5D Residential District West: • North Oceana Boulevard • Duplex dwellings /R-5D Residential District NATURAL RESOURCE AND The area of the proposed street closure is flat and grassy. The site is CULTURAL FEATURES: located in the Chesapeake Bay Watershed. There are no known historical and cultural features of significance associated with the site. • IMPACT ON CITY SERVICES PUBLIC WORKS -TRAFFIC ENGINEERING, OPERATIONS: There are no City plans to develop this right-of-way as a street. WATER&SEWER: Based on existing data, there do not appear to be any City water or sewer services within this right-of-way. PRIVATE UTII_ITES: Preliminary comments from the private utility companies indicate no facilities within this right-of-way. 4 • EVALUATION AND RECOMMENDATION The portion of Scott Bend Lane that is requested for closure is unimproved and does not provide vehicular access to any waterway, recreation area, or residence that cannot otherwise be easily accessed via the existing paved roadways in the area. It has been noted that the right-of-way served as a pedestrian cut-through from Scott Bend Lane to North Oceana Boulevard; however, no significant loss of pedestrian connectivity will be lost, as there are other pedestrian routes in the area that provide the same function. There are no known public utility lines located in this right-of-way, and the City has no plans to improve this section of street. The Street Closure Viewers appointed by the City Council met, and after discussing the pertinent facts of the requested closure, concluded that there would be no public inconvenience because of the closure and abandonment of this 4,500 square foot portion of right-of-way. The Viewers and staff, therefore, have ria TIM CO0 EN Agenda Itn 1 Palle 2 I II objection to the closure of this portion of Scott Bend Lane, and recommend approval with the conditions below. 4 • 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 shall be 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. 2. The applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The plat shall include a note that restricts the subdivided property to one single-family dwelling. 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. 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(1)year of the City Council vote to close the right-of- way this approval shall be considered null and void. NOTE:Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED) concepts and strategies as they pertain to this site. M LN AgTIenda ItCOSln 1 Page 3 II > / �§« . ■ . ` % ] II,, n .6 t p ^ /\ � ° - _ « \ OARC A DRIVE f\\« \ w« . Q ® • \| »« � ~« ..,5;(z g°); y� . ` . ~ » . \ , =w ` « ° 41 It' ili Q t F © b , ; ' � @ ». , y 4 „ t : .. u . . \_ \ > \ . ' c —1 .Z 2 SCOTT ■E m \ Y . I 4. U , < . u % I-- \ 1. CO \ o : ! < 1 / Q ` / \` e . 0 & k. % \ stil ck E - \ < Tit; cill' >L . « 1 % ' aItli , ,. , \ . [ \ \ ( 'I si N. OCEANA BLVD. - . § \ . i _ , \ . § ' i . \ / i, Ili , ( ( ¥ Vii\ \\ ! 4:/4,, . \ \ y , , «. . . © S . ? . . AERIAL PHOTOGRAPH OF SITE LOCATION TIM COS EN Agenda It tn 1 Palle 4 NOTES: 1. DIS EXHIBIT IS INTENDED TO SHOW TIE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENTS) IS NOT MENDED FOR ANY OTHER 11W) ( tut p7 pG. 7J) GENERAL REFEAENL'E 1. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 22 I 23 I 24 2417008014;g 10 DDC. 2008112250 2.8. 27, PG. 73 7Z(YOOV 00'W k (1�) 5 077530'000''W _ _ TAAUErF) 72'(T ��bboo�� %. gPIF .7a k 4F. i / ` 4.:, FT. riVI/1 1AaRt 20 i 19 ppq� / OPW 2 n 08 8382 24nppp�ppi�to 10 it DOC.+ 1a;p2 ItloG"81378i /f 00C 20A61121 14250 11.8 / 1 M.B. 27,PG.73 W �; ) l R = W' 2 .- 1�11 v. L_ X'// 5'; I 314:;;E::: :::t I 1 L 1:n' X il VZ/or 1 ; t "' N , Aim w Ant N. OC .ANAr EVARD (M.8.27,PG. 3)('R/W) 401,111 Dap 4. SOFAdOFAY. Iq 1�1- 'AYT y. No_ I la amBurl- cc a; OCEANA a A' ENS fai ((M.H• 29, PG. 64 (M.9. 27, P0. 73 ♦` It.,. (M.0. 2 0, PC. 33) � ®+'; TNI NAA"Ap#,MAMA 1' I 11MOTHY COMMCOMMr'r / • ! A, -. .,Ni21-7740 SCALE : 1'-30' 1 DATE : DECEMBER 12. 2014 , D . pY:HTB 1 PROD. 07139/114 STREET CLOSURE EXHIBIT TIM COB EN Agenda ROM 1 Page 5 1 1 II 1 1 1 BEACH 1�3app it Scate Tim Costen Map bklot fo , L1 III A' iii i3 Li 1 RSD 1�--- 3 5D— , D _ , o ,, i Q; >75_40 L____-J , ,, _i 1 L_, si, , -- p -,3 k ., ti { ,. r i ,,,_ ,H-11,_ = 1,41 1 I— l /i/��irir�� BOOT �lR. j i i f VINGi IA lA H._ v R5D I, R5 r ji, •Zoning with ConditionuProffww,Open Space Promotion Street Closure-portion of Scott Bend Road ZONING HISTORY # DATO NIltikefi ACTIN 1 02/24/2004 Change of Zoning (0-2 & R-5D to Conditional I-1) Approved 2 03/28/2000 Conditional Use Permit(Church Addition) Approved 04/23/1991 Conditional Use Permit(Church) Approved 3 03/30/1987 Subdivision Variance Denied 4 04/25/1983 Subdivision Variance Denied ,t . TIM COSTEN Agenda lt6Ctn 1 Paae 6 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) Tim Costen 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 NOTa corporation, partnership, firm, business, or other unincorporated organization. I I 1 See next page for footnotes t II tj DISCLOSURE STATEMENT TIM cosTEN Agenda It ii 1 Pale 7 1 Or ■■I y ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect 0 to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal 00) ' services: (Attach list if necessary) Digital Survey Services ttty Bay Area Title & Associates A 1 .4 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. 31 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 ' 14 1 owner in the other entity, or(iii)there is shared management or control between the business ) entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. I r 4 _ _ , CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification(postcard)that the application has been scheduled for public hearing,I am responsible for obtaining and posting the required sign on the subject property at 1 least 30 days prior to the scheduled public hearing according to the instructions in this package.The 4 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 ______ 3I C�$ l 'Tim (bStEN Applicant's Signature Print Name Property Owner's Signature(If different than applicant) Print Name 41 DISCLOSURE STATEMENT TIM CO8TEN Agenda Itelrn 1 Pale 8 II Item#1 Tim Costen Discontinuance, closure and abandonment of an unimproved portion of Scott Bend Lane,beginning at its intersection with the east side of the right-of-way of N.Oceana Boulevard,and then extending eastward a distance of approximately 150 feet. District 6 Beach March 11, 2015 CONSENT An application of Tim Costen for a Discontinuance,closure and abandonment of a portion of Scott Bend Lane, District 6 Beach. GPIN: 24170664620000 and 24170663620000. 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 shall be 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. 2. The applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel.The plat must be submitted and approved for recordation prior to final street closure approval.The plat shall include a note that restricts the subdivided property to one single-family dwelling. 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. 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(1)year of the City Council vote to close the right-of-way this approval shall be considered null and void. A motion was made by Commissioner Rucinski and seconded by Commissioner Wall to approve item 1. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY ABSENT II I Item#1 Tim Costen Page 2 RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 1 by consent. There was no representative present. Apr 14 2015 5:00AM HP Fax page 1 -;, ,.••=44._,, y,W* •.i k - P. 4.,e 1., »Fe ,y ., .. t ; ,ctet£i•��'d�'�yf;,.'A.�.���T`'.:s2' .._r �,,.rs.l.k�' §dN.hpi$�•&'H%,.`;�j8.S "AI* 3 tgr�t{�3f>s � • _ $£s qw: 3 . qTa� ; ti�4ii.:r ": 0 t s "A iZtil• ANMr**t64" Y " 3r.+ �tt ;�•-.t.. Yy.. g �tz`E.e�t�'k^4 �+1p +t� • ,.. .. ... 4.af�,�} w,,hi DISCLOSURE STATEMENT FOR : The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, cr other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE tj Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization, Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/Ali disclosure: must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Counc I meeting that pertains to the application(s). 4:J'+ APPLICANT NOTIFIED OF (HEARING DATE: t: NO CHANGES AS OF DATE: �' REVISIONS SUBMITTED DATE: 1 1 11 Apr 14 2015 5:00AM HP Fax page 2 7 'Vi '. .d L ly.h�I K3 - ..-�� '. tK Y. r.+�Y H _ l.., gam .. ..ft 'z4 ,cgs'iA1 -ft: 4�: ,� -tr9t ez :'.W,i,r7i, x,(, " i 4 .-`Y . .^J`.;�`ti nxk`' "y : o,!t .tx .a1401_�' r ''Y tcn;'?a, i �$ -r#.e ,��.� � •,�r`.:�-�N�¢ ;'�k'E',_, b `�.tl.., r asF'.- :M�'"�S_ � - �;�; ",�L "�a x ;^,i..i-`�b'.+' 3' "k�2�Ttr� ,t�. �.y �L 1 A d u7, ?rl. Sys ;rq�� '' <. :'xi 3 a .f"� ' .,�s`. 4 k3y �"y �.` x ,�+Syt 4vn'r' �'z't"' _ ,°.a s' `Y�" :gft�; 4 k ka��,'Y"t _, of s;5, �'A .d "a% 1 �.�,'�,,•, t e��. ✓ A, bl'rY - . �."^fy..fiya' t" 5 . .:2d .b }& +'.:"` ' -., t`,' ` j a- ., .: i4 } `= e,FZ'w�, '�` `.rr �" f,y_ i '!,"'-f ;� '.y k''"egyp " %e*Ps. NY: 1;$,,'6 g 1 6S`, ,: - , 4,,,„,,,0741,5,. its ., 41 : 3 t' ` y f t:. �,;'¥ L N a ' " F, '�✓,. .4,4:4 l '1 V a, i£L` `*v,,,w%�5't 1xYf �i7 `t Yel ''i rsY s iA a� .k.rss�. '`.. et• t Ian t' ,� 4 k a v;d n ..sit �..v ..... t , ,, ., s �r,!e t)� .- fit ' i :. saj�.. 'n, 3s. .* s."�y� .�,�s a ;:,; § .fit ''•, other unincorporated organization, AND THEN, complete the fof (A) List the Applicant's nave followed by the names of all officers, directors, members, trustees, pa-tners, etc. below: (Attach list if necessary) I i IY\ C05)-E0 (B) List the businesses that lave a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information p!ruining to footnotes1 and 2 ♦ IIIMMINIpm SECTION 21 PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) I i m 69z-E-e ' • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the property Owner: (Attach list if necessary) The disclosures contained in thi i form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I I II i Apr 14 2015 5:03AM HP Fax page 4 Sd. 'y'Y3'f^' x,hs�rhw,•E,.,..xi��?��t4g4'erf','p.2'.'W. -47,' . i?.�V'•i4�-Y,+•�a74*. ' ;74, a ''tr }'gy�"ice�pp&'•...i ri yd�sy,�,%�k�r1, ', a.�'ii•a 4.s rP`y[�e ✓Tbk?iT�Y��� Rlir • 1Gi� k 4 , 1z1tA "A � 4�� V3NOt� ' �� s�X1,� .s � � .0#;" � •. " 44-:V, 'k �,� t v .. aG , 70 , ra � ?4,1 4 ? h �FL�r } a ."^ � ,1� k4 ..`11; 44 141fit ' t : -O'r . : S64011,44-0!-,-'0* 'i 7?,,�7t', 14, 7 r• r0.1FH F ` "Parent-subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting 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 elcistence 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 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatina or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of IZ-1 your tax return ❑'' EJ Architect/ _andscape Architect/ Land Planni r Contract Purchaser(if other than © the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser at the subject property (identify pu^chaser(s) and purchaser's service providers) �- Constructio rt Contractors Engineers/Surveyors (1)51-M.1 UurYty Szrvf j The disclosures contained In this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I 11 Apr 14 2015 5:02AM HP Fax page 3 � 4 ' f-mc� t'`,- 5ir'n^r . ` .p"'G^. r' i03r449r 8 � Y $ A �� A'4' ,�� ,e44,';.:4, �' '� 4 .� . .4t,-44,,L; 44, �, _ -6 ' i , ,��.,:• ?'� -4, - � , 'fry , i0 �-��� {d1���1�\'s ,Y43 �YQ � �,&4 :Y� t ��. � �i . 0 � �v �' , mAy. � kc 9 x�`i r ar ^ z t I� „ e ,fir a'�aw. r � r 1 ;- t.�5-^ . 'd � a ,e'"mor ;s . � a ' Tti , .` � ` gr5 � 1�.a � � 4g,,e7 'i : ; �� 4 � � i • f";m Rei .. w i sw*i „ IW:: s. yx�ee F : ,^' z , ` ' ^ 4 ti i a { Y kt-::, i. t/w,rY$ ,. 3, , at rr w� ; � ' f4'� � � w;1 `'`;',.4- ,� . vf. t > w .�- i� :44,1.'41 -if ; ",� i -1s ! ? � � '`#it 6 . k,„ 2C 43 y '9 ^• .,�, x4K �•,. . k' a0 �'. ,, s�„tr S 7 i . ” 6 L} s.,' . SA ,,J ✓ t UJ 44,,., 5 k f • y p-P'.;--, 4:),-4=8;,,' .+ T Financing'include current - x'b ¢ 0 ( -A mortgage holders and lenders I Tl selected of being considered to provide financing for acquisition or construction of the property) ErLegal Services (� �( Real Estate Brokers /Agents for Lam'' U current an I anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an cfficial or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Q contingert on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. 'Ti inn C O` 4.13.2015- APPLICANT'S .13.2415APPLICANT'S SIGNATURE PRINT NAME DATE Tv'v\ c C5-‘113v 4”ems PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in thi i form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 cu C `•_ �� a i v. v4(Yj,+ o a a - Q _ - u 1 / v 4 CD • { �.. R a 9Q— {' ri F-1 .Ce ' I co co S c:' �, 2 ( a 4 6 OO OO Vi 4'1 t/l Ch 4�? L/1 Vl �� N V -___.,:,--:, _ = .... `_ - 'Q 'r 9 8 9 �'ry �y r e 8 un a�I 1 4) f , y. a Vl ill 4; i V414f j ::i: Ac l u; e, 4-Z' 71) * L (9, 0 8 a :,-: tu 4,,, „,...„.: .,..„,1/4*, 2 ‘Niv . i ( f „..., le ---- .. _ of,.; , , , c ______, it- - " F L4 o �, ti a 44 - — r_ _ , r,,, t; i . : \ Q, / a.Q • O v e 1'9 tt v 4i ,.,,,iiir_i -,,,,-tiri. i , ci--,1, it ____ 4 , ...,:,' '''''';'+N. ,:' _ 'I a i IL ___• r �= cn 1 c �i Wo WR { �Q� _ � ,i �CI el Ci) ( O � � VJ _- CI, 41 a. i , -J: _ 1 ) .0 II SII rz. 17°es., .`. No A..- .t► t i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement and Relocation of a Nonconforming Use on Property Located at 4481 Lee Avenue (GPIN 1570700574) and Owned by Leonard M. Lyon. COUNCIL DISTRICT— BAYSIDE. MEETING DATE: April 21, 2015 • Background: The subject site, which was platted in 1928, is zoned R-10 Residential District and is situated on the northern shore of Lake Joyce. There are two single-family dwellings located on the lot. The applicant desires to construct additions to both homes, as well as relocate one of the homes towards the center of the site. City records indicate that both single-family homes were constructed in 1941, predating the adoption of the Zoning Ordinance. The current Zoning Ordinance, however, does not allow two single-family homes on one lot in the R-10 Residential District; thus, the use of the site for two dwelling units is nonconforming. Considerations: The applicant has requested that this application be deferred until the May 5, 2015 City Council meeting. The applicant has an unforeseen conflict with the April 21 City Council meeting. Representatives of the residents of the adjacent neighborhoods have been notified of the deferral to May 5, 2015. ■ Recommendations: Staff recommends that the application be deferred to the May 5, 2015 meeting. • Attachments: Location Map Recommended Action: Deferral to the May 5, 2015 City Council meeting. Submitting Department/Agency: Planning Departme �' City Manager: - 311.e21- , co Y 0 14 0 .0 104 • ----, -:---, ... , c 0 ..... ‘ii c „ 1 1 , 0 ) 0 A, ii,, 014 ),I.6 ' 1 , 2 7 , i Li 0 -„,,-- ,_7 0 77---------- ----:-----r ," til 0 1) -------L-11 * ) -17 _.1 \ \ .z. 'etio ,_, •ms, Igo it if-) ii 0 La \ as 1 Z CA , 0\ WI') o •mil -21,, '. Klig _ 'I \ \ , , ,, , ' -- • ,, , .....Nv :-.Y / _ --..-1‘‘ i H I) \, 0 L n-- K( _, . 1 D 0 'N a 0 II ir--d '1 11 , e-- 1 I A \\ I .__ , \ „,,, (2 -1_ _______. 4.--„...-,.. / ,--r---1 \ \ \ \ \ w a. 4•0 0 1 ' o \ , t___ I--------L . 4.4, UAI U LSC.-1 • i----.... . trAv ____ -------' \ , \ \ \ \ t. \ \ \ 4 c 5 1111111Ti 'a -\ \ \ 0 ;:ti c 0 1.11 al Z J 6 V9 3.1VISM31Ni I=.7) ,c N GaG'•• y�7 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ST. JAMES MISSIONARY CHURCH (Applicant & Owner), Modification of Conditions. 5724 Old Providence Road (GPIN 1456844401). COUNCIL DISTRICT— CENTERVILLE. MEETING DATE: April 21, 2015 • Background: The applicant requests approval for a Modification of a Conditional Use Permit originally approved by the City Council in 1965, and subsequently modified in 2002 (reduction in lot area) and 2007 (for childcare). The requested modification will allow the applicant to use a portable classroom structure for church activities. • Considerations: The church plans to use the portable structure as classrooms for 'youth church,' Sunday school, and adult study groups. The structure will also be used to support the church's community outreach activities such as senior computer classes, job-readiness skills support, GED preparation, and crime prevention initiatives. The application indicates that fundraising to replace the portable structure with a permanent addition is already underway. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request with the following conditions: 1. All conditions attached to the Conditional Use Permit for childcare, granted by the City Council on January 9, 2007, shall remain in effect. 2. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. , 1 II ST. JAMES MISSIONARY CHURCH Page 2of2 3. The portable classroom structure is considered temporary and shall be permitted on this site for not more than 5 years from the date of City Council approval and shall only be located as depicted on the submitted plan. 4. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. 5. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. • 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/1 \r"--------------* City Manager: I CENTERVILLE �B s,� St.James Missionary Church 8 t - t ' R10--1---7--7 March 11, 2015 Public Hearing 1110 � APPLICANT: �� ST. JAMES ,o ,R10 �a� MISSIONARY R1o11,a CHURCH . OLD•:. 4.. ..E RD „i RIO pRON�NCE RD - 1110 i RSD 1 •zw.,MO cwuwrhan..,ar«Spa.ne.twi.. Modification of Conditions STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit(Religious Use)for a temporary portable structure for classrooms. ADDRESS/DESCRIPTION: 5724 Old Providence Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14568444010000 CENTERVILLE 1.43 acres Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The Conditional Use Permit permitting the church was approved by the City Council in 1965. In 2002, City Council approved a Modification to reduce the amount of property associated with the church. A Conditional Use Permit for childcare was added to the property in 2007. There were no conditions attached to either the original 1965 Conditional Use Permit or to the Modification approved in 2002. The two existing conditions associated with the 2007 Conditional Use Permit for childcare are provided at the end of this report. As a portable structure for classrooms was not originally part of any of these past requests, a Modification to the Conditional Use Permit is required and requested. Details The church plans to use the portable structure as classrooms for'youth church,' Sunday school, and adult study groups. The structure will also be used to support the church's community outreach activities such as senior computer classes,job-readiness skills support, GED preparation, and crime prevention initiatives. The application indicates that fundraising to replace the portable structure with a permanent addition is already underway. ST. JAMES MISSIONARY CHURCH Agenda Item 8 Page 1 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Church, childcare, and parking lot SURROUNDING LAND North: • Single-family dwellings / R-10 Residential District USE AND ZONING: South: • Old Providence Road • Pump station /R-10 Residential District East: • Single-family dwellings / R-10 Residential District West: • Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed. There are CULTURAL FEATURES: no known historical and cultural features of significance associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. The Comprehensive Plan also recognizes the need for services such as churches, childcare, and certain office uses within or adjacent to such neighborhoods. • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Old Providence Road is a two-lane local street. There are no Roadway CIP projects scheduled for this portion of the right-of-way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume No Data Existing Land Use 2-226 Old Providence Road Available No Data Available ADT 3 Proposed Land Use -226 ADT 'Average Daily Trips 2 as defined by church and before-and-after school childcare 3 as defined by addition of portable-no change in use 4 LOS=Level of Service WATER&SEWER: This site is already connected to City water and sewer. ST. JAMES MISSIONARY-OHOCH: Agenda Item 8 Page 2 0 EVALUATION AND RECOMMENDATION The proposed portable structure has limited visibility from Old Providence Road due to its placement behind the existing church. The adjacent residential lots to the north and east are separated from the church site with six-foot high, solid, privacy fences. A six-foot high chain-link fence runs along the western property line. To further screen the structure, Staff is recommending a condition that evergreen shrubs be installed around the foundation of the portable unit, consistent with Staff's recommendations of approval for other temporary structures on church properties. While the application indicates the desire to put up to 150 people within the structure, occupancy load and limits will be established by the Building Official's Office. The Modification of Conditions request for the use of a trailer for classrooms is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility of use with the surrounding neighborhood with respect to type, size, intensity, and relationship. The portable classroom structure will be not be visible from the right-of-way, and if properly screened as recommended, should not adversely impact surrounding properties. Thus, Staff recommends approval of this requested modification with the conditions below. 4 • CONDITIONS 1. All conditions attached to the Conditional Use Permit for childcare, granted by the City Council on January 9, 2007, shall remain in effect. 2. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 3. The portable classroom structure is considered temporary and shall be permitted on this site for not more than 5 years from the date of City Council approval and shall only be located as depicted on the submitted plan. 4. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. 5. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. ST. JAMES MISSIONARY'OHUf OH_ Agenda Item 8 Page 3 I II 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 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. ST. JAMES MISSIONARY C+IUGH Agenda Item 8 Page 4 Conditions of the 2007 Conditional Use Permit for Childcare 1. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of Planning for the childcare operation before the activity commences. 2. The applicant shall obtain any necessary inspections and approvals from the Department of Social Services, Division of Children, before the childcare operation commences. CONDITIONS OF PREVIOUSLY APPROVED 2007 CONDITIONAL USE PERMIT >_a ST. JAMES MISSIONARY CA t8, ,Agenda It 8 Pae5 w tic :75,.."-.. I.-- t ,..,,,- ‘,,,,,. ,-; ---. 4, , :,,. . , AI G�q er Nov F- Q Al N. V 11 Q W III • •>P74',L---i '''•• f • , j o - 0 ,tea. • p .� r J C r - Q V.a ,0 4Z I - ° o ioc . ; $ 1, a I: +< r j -:c ' 44 ) 14 i h S1`t . t - -s '1t" t 1 •: NTERSTATE E . = _ '- ,, AERIAL OF SITE LOCATION ST. JAMES MISSIONARY CHURCH Agenda Item 8 Page 6 . r..„. , .........,. . if._ is ,.._:._.. IL_ TI .._..,,c„.„1...,„, _ wauak.a°tso 4. --N-,---- J z 1 1 • •Ill 11 1 4 ran- ��WAR' 1 4. _.4.' -"s—__ • oroa 3oti3°road " v a 5 a tjl 1' 1C<' 1 t g a O. 1 o Oi '1 „, r 2[11 hull it is !ail 4 '\—_, � flict u F Its , 0<.,1- s ; i . FT .1: , . keel Iltt If/ 5 -• y jt, �;a Jy . /1r I �o ,., 1`, • • LL iii ri , ,/ [ 1 td ._,.. . 5 ;I A EJR tp ‘.-_,'0 ~ ^./i i 7 64,'47 / IIIm °..�__, , r J/114:7. .1 1 1 x ° . — L1, 9\` / c�O) 1 I b11 ' t a' " .• ' L--"•-• a,. y .._ .t ——-r' -..—_d ,A. ,c-s., i / �'\\�-- ��� 'L../ 1am* I r ../ - .e.� ti 11 114— .ri 10I �1 ill ' •`...,,,,,=.74-.1.,., •� ANL av Ia7a,s aH.HuvM . eg / // .(O> / /\'....""-Ji • "fie'll7Eltr" I i , // // / / ° 1 it t 1 ► t t' "\ r / I'l• tat . I! ' I i �'4 1lifix <grill _ 4. _ ' =,• /".•,(4[-5 �/ V W < / g I } fi_ 1 i , 'r , I 1 L _ 0 -~_i _I-----, 6 t6. f`, :Th SITE LAYOUT SHOWING LOCATION OF TRAILER ST. JAMES MISSIONARY CHURCH Agenda Item 8 Page 7 J 1 CENTERVILLE Map B-8 St. James Missionary Church MaNot to Scale lo 1 LI n ,----i <A , r-,-, / ..,,__ , ,,,j 1411,iiiiiiiiiior: a L. ''r_:' 4' N�NcaT fir _,, All , 61/4 ,... , 0 ,,, r v tr 8 -.4r. 0 0 ., � : 0' Vi os , rito 40 - iii, t iu i L- r_i- c-3. // a a 1 OLD P: •VID ,II Z At0 PRpv1pESCE" /` i ° 0 'Zoning with Conditions/Proffers,Open Space Promotion Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 06/24/08 Conditional Use Permit (home occupation) Granted 2 01/09/07 Modification of Conditions (childcare) Granted 10/08/02 Modification of Conditions (lot area reduction) Granted 07/13/65 Conditional Use Permit(church) Granted 3 02/12/02 Modification of Conditions Granted 10/10/00 Street Closure Granted ST. JAMES MISSIONARY CHURCH Agenda Item 8 Page 8 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) St. James Missionary Church Inc. ; Bishop Sidney Davis (CEO) Angela Harewood(Church Clerk), Lina Torres(Trustee), Marsha Hodges (Trustee) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) I n 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) ElCheck here if the property owner is NOT a corporation, partnership,firm, business, or other unincorporated organization. 1 &z See next page for footnotes Does an official or employee of theemCity of Virginia Beach have an interest in the subject land? Yes No I i 1 If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ST. JAMES MISSIONARYC-HU. (:11 Agenda Itm 8 Page 9 r 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) 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. � 2"Affiliated business entity relationship"means"a relationship, other than parent- subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business 4 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, I 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 ( 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. Trws4!, �4-" r11 a rsl,- Hoci6 eS jt,d0ie Q Sidney Davis, BishopApplicant' Signature Print Name Property Owner's Signature(if different than applicant) Print Name C DISCLOSURE STATEMENT ST. JAMES MISSIONARY c-HUCk . Agenda Item 8 Page 10 Item#8 St.James Missionary Church Modification of Conditions 5724 Old Providence Road District 1 Centerville March 11,2015 CONSENT An application of St.James Missionary Church for a Modification of a Conditional Use Permit(Religious Use)for a temporary portable structure for classrooms on property located at 5724 Old Providence Road, District 1, Centerville. GPIN: 14568444010000. CONDITIONS 1. All conditions attached to the Conditional Use Permit for childcare,granted by the City Council on January 9, 2007,shall remain in effect. 2. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the portable classroom structure. 3. The portable classroom structure is considered temporary and shall be permitted on this site for not more than 5 years from the date of City Council approval and shall only be located as depicted on the submitted plan. 4. The portable classroom structure shall have skirting around the entire base to screen the under- carriage of the unit. 5. Foundation landscaping,subject to approval by the Planning Director, shall be installed around the base of the unit. A motion was made by Commissioner Rucinski and seconded by Commissioner Wall to approve item 8. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 8 by consent. II Item#8 St.James Missionary Church Page 2 Pastor Sidney Davis appeared before the Commission. I cis) r . i N. 't QJ oimil 443 \ .., \lit ,.._ ia k , • - _, , I I*, < - p. 0,14 ,, ,,..„..,.....g...........:: ,z2.a,„,d f --_ 't.. ..-(, 1 , (*.D ''72"4" ,,c4,40, , ,..,.__,,, ,,,__, i 1r" 4111 .4 " v 1 TOM k t . t `; 0 `. swirio IX �+ Jjj �1��,y,��, t� - 1 !., r.'��l Mme► / I g:1 ,./ i .' .' ',,, ' .-,,' :044 .''./., r `'... r. iiimi { 'r‘IPH i:''. 09- }ffvi}f j¢jf f ,+ = ,• ., :;--- / .• \ — -'. .4-4, I ' .,7.1".... A ', St 4 1-----------___7 C I l CNI , 4 ...,,. ,r7, ./ . ,,,ir i. . n i gl \ C ,•., 7 4. ,terZ - # LI. 'ailfte- f ' , i 1 ... _ c mE t '�i + o % s ,s di" �n s� fib Or }1r • ,`N c a + "� ii...' ' . ...._ ..k'� � ", ` E`er AO "rW c a . U...„ „,.. • . Ei ,... n...„ v .,.., ,,. ..,„, t .. _, gle ,4 ,__ ri +0# . ! ...s . i [ 4 it -:.,,, .„ , o ,,;:,, „,„„ ,..„,....„...“.„ ,,,,,,,,,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOFD ASHVILLE PARK, LLC (Applicant & Owner), Modification of Proffers of a Conditional Rezoning (approved on 5/10/2005 and modified on 2/14/2012). Property is located on the north and south sides of Ashville Park Boulevard (GPINs 2413473302; 2413476457; 2413558602). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: April 21, 2015 • Background: The applicant requests a Modification of Proffers for the Ashville Park development. The original Conditional Change of Zoning establishing the PD-H2 Planned Unit Development District (R-30 & P-1) was approved by the City Council on February 24, 2004. A second Conditional Change of Zoning followed in 2005, and then a Modification of Proffers in 2012. The applicant is now requesting a Modification of Proffers for the purpose of changing the layout of the three remaining 'villages' that have not yet been developed. The number of dwelling units currently proffered for the site does not change, remaining at 499 (there are 200 units remaining for the three 'villages'). • Considerations: The applicant's principal reason for requesting the modification to the existing proffers is a need to change the layout of the three 'villages' that have not yet been developed. The principal reasons for the changes are one, to avoid wetlands created as a result of uncompleted site grading by the previous developer, and two, to provide lot configurations that reflect the applicant's development and design principles, as well as existing housing market trends. The table below provides a list of the three remaining villages, accompanied by the number of units and the minimum lot sizes proposed for each, under the currently approved plan and the proposed plan. Currently Proffered Plan Proposed Modification Number Lot Width Lot Size Number Lot Width Lot Size Units Units Village 'C' 45 lots at 94 100' 20,000 SF 116 45 at 120' 18,000 SF 71 at 90' 71 lots at 13,500 SF Village 'D' 45 100' 12,000 SF 44 80' 12,000 SF Village 'E' 56 100' 12,000 SF 40 100' 20,000 SF Total Units 195 200 I I II I HOFD ASHVILLE PARK, LLC Page 2 of 3 As the table above indicates, the number of units within the three villages will increase by five; however, the five units are not additional units beyond the maximum 499 units previously approved and proffered. The five units are being shifted from Village B (`Ranier Village'), where each unit would have been on a 7,200 SF lot, to Village `C,' where each will be on a 13,500 SF lot. The five units being shifted to Village 'C' will be located such that the number of dwelling units within the 65 to 70 dB DNL AICUZ (Sub-Area 2) remains the same as the number under the currently proffered plan. The revised layout of the villages reduces the overall development footprint by approximately 11 acres, which results in a corresponding increase in the number of acres of open space. Accordingly, 54.5 percent of the site will remain as open space. Further details pertaining to the proposal, as well as Staffs evaluation of the request, are provided in the attached staff report. There was opposition to the request. • Recommendations: The Planning Commission by a recorded vote of 10-0, voted to recommend approval of this request to the City Council as proffered. The recommendation, however, included direction to the applicant to make two revisions to the "Ashville Park Development Manual" to address issues raised by residents of Ashville Park. The applicant has made those revisions, and they were submitted to the Planning Department and the City Attorney's Office prior to the deadline established by the Zoning Ordinance for revisions to Conditional Zoning Agreements. The changes are specific to the "Architectural Standards" of the Manual, and consist of the following: Page 11, Item Number 1 — addition of a new subsection (e) "All homes in Village 'C' and `E' shall not have front loaded garages. In Village 'D', no less than 20% of the homes shall have an interior facing or outward facing side loading garage." Page 14, Item Number 17 "All fencing in Villages 'C', 'D' and `E' shall be metal, open picket style and shall not exceed 5 feet in height. Solid privacy fencing of yard areas in Villages 'C', 'D' and `E' is precluded. A full description of the modifications to the proffers being requested by the applicant is provided on pages 5 through 11 of the attached staff report. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing HOFD ASHVILLE PARK, LLC Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: '� 11 1 PRINCESS ANNE .,a pi"-LK,-13-1.4 HOFD Ashville Park,L.L.C. 3 n514. AGS March 11, 2015 Public Hearing ,,;"47 �k -I*, , ilIl ' --; `e APPLICANT & PROPERTY (5 1 `••..: ,;, OWNER: _' IA Y' ` ' HOFD ASHVILLE ;� rIll 17 .1 — PARK, LLC • -G2 • AG1 -. • 1• i „A AG2 • @p 2: ' AG\ s: %f 1 AG1 Iasi • I�6. O dBLda AG1 A62 -c 2 AG2" L4 .aRg Aa.1• ' zw.•.w C.dientI elon q.5•...'MM.. Modification of Proffers ARk__•__.Pn•m.o..Y. STAFF PLANNER: Stephen J.White REQUEST: Modification of Proffers(of Conditional Change of Zoning approved on 5/10/2005 and modified on 2/14/2012) ADDRESS/DESCRIPTION: Ashville Park Boulevard (north and south sides) GPINs: SITE SIZE: ELECTION AICUZ: 2413473302 TOTAL AREA OF ASHVILLE 452.8 acres DISTRICT: Less than 65 dB DNL 2413476457 PARK PRINCESS 65—70 dB DNL(Sub 2413558602 ANNE Area 2) 2416159815 TOTAL AREA SUBJECT TO [no change in number of units MODIFICATION REQUEST 277.7 acres s ................................................................................................................................................................................................................................................................................................................... located in Sub-Area 2] • • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Modification of Proffers for the Ashville Park development. The original Conditional Change of Zoning establishing the PD-H2 Planned Unit Development District (R-30 & P-1) was approved by the City Council ten years ago, on February 24, 2004. As indicated by the plans and details proffered with that rezoning, the original concept for Ashville Park was of a high-quality residential community with a site design that was unique at that time for Virginia Beach, introducing site design elements that have since been used elsewhere in the city. The proffered development consisted of 490 dwelling units, clustered in six different 'villages,' separated from each other by extensive open spaces intended to provide passive and active recreational opportunities. The villages offered a variety of housing types. Lot sizes ranged from 7,500 square feet to 20,000 square feet, and two of the villages were designated for 160 units of age-restricted housing. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 1 a,,,,, ir' HER DACE PARK l jjpr,4 Y � ¢r Original 2004 Plan ev,,,,,i il. •. s. VILLAGE•CI .e 69.9 ACRES FIAVAGANS SANDRRIDCE HERITAGE PARK , `•^.� ERNE ROAD VILLAGE"A" v • 84 ACRES •; •; • i :.A a�+ FISH ...n . k z .•- .•::_ w • •;• VILLAGE"D' ; .. U.SiLEluri 4.. 1•:v' 1• . 1* II��I 29 ACRES .+.. �3�- r . 10 PARR MPJfft" r•.•. ('•w %C �, '• '1 � + 1 I s rutin h r-.,...7' 9-1,,,:i ...10 ; `0 ; "'- .,k • l; ...1 L ! 'y R A I-.1FF T s. r ..a -L-'-‘,., f.+. :e j• lar+ t i.;,' '1i<. t ,g • `. • •, t a J •`..� ;- ;;...1`r 11i.Y'" �• •e ` 11, • ■ e •w �w ! y ek;lit i, 3 / i • •' '? it"..d•.. •1I -.� r .. ._tom .•• ♦ •.s ^� '4i *t.„...`.. ,A.-k i r.� !.t f`, •t • TIONAE ( _ � . -e. Ws� ei .4 �f iu.R.��A.. TY ARE4 / j ; ADULT 29 ACRES`RETIVITY AREA y : AU.S.COAST GUARD -ACTIVITY AREA }�1':•� • I , NI r 44 -5 1 .�y, ,� VILLAGE E ! l!TTii!! ■ 7CTWWI n1 e,1 t c. ENTRANCE Y S `'J .,•.-.. �T ACTIVE ADULT k •-, .... ”'"+�..�� N .. • G,, I)AIA TYTR.U.STTEEI:l St€TIoN) 4• �.. I;.d4.Ar,..._... .i7A.D3,4.., Ii,d\dE Ar __..- •!. I?,mry/vans_._,.AC�IiMi: IamrdP rn m•,D •SC an.. .1 n....\I.F R..•J VILLAGE"8" IA"po.A/."..F._._R3ll. Ii. h -113Ud. . 1 in 29.2 ACRES P-1...h1,11 I l2 0..41 I."•;..1,..sr.*[-,4111 1,171"'", ACTIVE ADUU ISvI 'diuu __VVI SIk I ..\I," .r—' ul.+gd..T_m. W_r.--fuA..u..•a, I 1 nu\W un,&4 lh. klYen *19 IIP.Jrk Pd 5144.3 U,.. IA•• 'tA,"' •" iijP I a C F• L L C That original rezoning was followed by a second rezoning in 2005, which was subsequently modified in 2011. Each of the zoning changes or modifications to proffers since the original 2004 rezoning have been directly tied to changes in the ownership of the property as well as the changes in the real estate market during the past ten years. The original owner conveyed the property to Sandler at Ashville Park, LLC in late-2004, and in 2005, Sandler at Ashville Park requested a Conditional Change of Zoning that kept the zoning district the same, but replaced the 2004 proffers with new proffers that tied the development to a plan and details indicative of the new owner's development practices and design preferences. One of the most significant changes was the shift of the 56 age-restricted dwelling units that were in Village E to Village B, resulting in a total of 160 age-restricted units. Nine additional units were added to Village B at the same time, resulting in 169 age-restricted units (see '2005 Plan' on following page). After that rezoning, site construction plans were approved in mid-2006. The first 28 lots (in Village A) were sold to builders in 2007, which provided the foundation for Ashville Park being selected as the site of the Tidewater Builders Association's 2008 Homearama. Simultaneous to this development activity, the national financial and real estate markets were weakening, eventually leading to the `Great Recession' of 2008-09. The effect on the development of Ashville Park was significant. There was limited development activity during 2009 and 2010, and the property owner / developer, like many real estate developers across the nation, eventually defaulted on the loans tied to the property. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 2 I r 1//,,,/rie 2005 Plan /.,.. od MINIM(PARA 1rNlA') rtWage r cular le- }�'� _.7.= s ItANA t S4 V,f VfriAflf.�'I MtkfTA C PARA 9" LAME I7HlAR RARA bum -'-7.-- .''' 4. �-. .•-- A „_ • ■ e Vh Ac!T ./ �._iC — wn rx f,f 1 if _ wrineFi 11 tyr _i J y,'...:!- - tj . , T " ACtA ARCA " 1 VI:A(.L"t' Ac rsi APG.! },.+ -f *WV' y .,�' u.t COASTGUARD 1 NI rm,�.+w v.u.... ..S �i _ _ INCRAlYCf 'y, � Kt, t 11110.41_, 8 In 2010, Wells Fargo Bank foreclosed on the property. After foreclosure, ATC Realty Sixteen (a subsidiary of Wells Fargo) worked with the City of Virginia Beach to address a number of issues related to the condition of the property as well as uncompleted infrastructure improvements. Additionally, in an attempt to stimulate development activity, ATC Realty Sixteen / Ashville Park LLC submitted a request to modify the proffers of the 2005 rezoning. In particular, the requested modification was to remove the age-restriction for the 169 t dwelling units located in Village B ('Ranier Village') and to v1. i ,,-,, replace the 'Active Adult Center' proposed for the center of Village B with a 'Village Green.' The rationale for the requested modification was based on the changes in the real estate 1�,. - i market and economy resulting from the Great Recession. - fill Specifically, the applicant cited the significant reduction in - ;. , demand for 'active adult communities' with single-family "" c" _!I ... dwellings on fee-simple lots, as well as an increasing demand ..—=_, ', for smaller single-family lots and a corresponding demand for single-family dwellings with less floor area than prior to the . Recession. City Council approved ATC Realty Sixteen's request on February 14, 2012. i�.,.,. PI %mar now Details of Proposal On February 16, 2012, ownership of the property was `"",:iie °°"'"""'�`"'"`— P Y Ashville Park-....,v.uc. transferred to the current owner, HOFD Ashville Park, LLC, which is a subsidiary of HomeFed Corporation. HomeFed was the successful bidder for the property when it was auctioned by Wells Fargo after foreclosure. HomeFed / HOFD Ashville Park, LLC, like the previous owners of the property, has certain development practices and design preferences. Based on HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 3 those practices and preferences, the current housing market, and new site constraints resulting from past construction activity, HOFD Ashville Park is now requesting a Modification of the Proffers approved in 2005 and as modified by the 2011 proffers(approved in February 2012). The applicant's principal reason for requesting the modifications to the existing proffers is a need to change the layout of the three 'villages' that have not yet been developed to first, avoid wetlands created as a result of improper site grading by the previous developer, and second, provide for lot configurations that reflect the applicant's development and design principles. The table below provides a list of the three remaining villages, accompanied by the number of units and the minimum lot sizes proposed for each, under the currently approved plan and the proposed plan. Currently Proffered Plan Proposed Modification Number Lot Width Lot Size Number Lot Width Lot Size Units Units Village'C' 94 100' 20,000 SF 116 45 at 120' 45 lots at 18,000 SF 71 at 90' 71 lots at 13,500 SF Village'D' 45 100' 12,000 SF 44 80' 12,000 SF Village'E' 56 100' 12,000 SF 40 100' 20,000 SF Total Units 195 200 • As the table above indicates, the number of units within the three villages will increase by five; however, the five units are not additional units beyond the maximum 499 units already allowed. The five units are being shifted from Village B ('Ranier Village'), where each would be on a 7,200 SF lot, to Village 'C,' where each will be on a 13,500 SF lot. The five units being shifted to Village 'C'will be located within the village layout such that the number of dwelling units within the 65 to 70 dB DNL AICUZ (Sub-Area 2) remains the same as the number under the currently proffered plan. • The increase of 22 units in Village 'C' is based on the village's location in the geographic center of the community, with close proximity to the Community Center and active recreational amenity area. • The number of lots proposed for Village 'E,' at the eastern end of Ashville Park, is being reduced by 16 while at the same time the minimum lot area is being increased from 12,000 SF to 20,000 SF. These changes are driven by the location of Village 'E' at the eastern end of Ashville Park, which is the closest portion of the site to Back Bay. The fewer number of units combined with the larger lot sizes decreases the area of impervious surface at this end of the development site. • The revised layout of the villages reduces the overall development footprint by approximately 11 acres, which corresponds to an increase in approximately 11 acres of open space. Open Space Data Total Site Size ±452.8 acres Open Space Total ±246.8 acres (54.5% of site) Interior Village Open Space ± 23.5 acres Buffers ± 20.0 acres Lake ± 46.5 acres Residual Open Space ± 156.8 acres Details—Modification of Proffers The applicant is requesting modification of proffers contained in both the 2005 and 2011 Conditional Zoning Agreements (CZAs). The table below lists the proffer requested for modification, the requested modified proffer text, and then, staff comments regarding the modification. There are references throughout the modified proffers to a 'Manual,'which is the Master Plan document for Ashville Park.The HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 4 project has always been guided by such a Manual. One of the most significant changes to the Manual is the addition of an extensive 'Architectural Standards' section on pages 11 through 16, which is, in effect, a "Pattern Book"for new dwellings in the community. This is significant, as the development has never had such architectural guidance. Previous guidance regarding the housing design consisted only of Proffer 27, which states that"All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roofs, porches, windows, doors, trim and soffits, consisting entirely of all or any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials." PROFFER 1 (2005): REQUESTED MODIFICATION: The Property shall be developed substantially as The Property, which includes a portion of Village shown on the "Master Plan of Ashville Park Virginia "B"and all of Villages "C", "D"and "E", shall be Beach, VA"dated 2/08/05 and designed by developed substantially as shown on the Exhibit Stephen Fuller Places, LLC in conjunction with designated "Ashville Park""Master Plan,"dated MSA, P.C., a copy of which has been exhibited to December 19, 2014, prepared by LSG Landscape City Council and is on file with the Virginia Beach Architecture Inc., which is contained as page 1 of Planning Department(hereinafter, the "Master the 16 page "Ashville Park"development manual, a Plan"). copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department(hereinafter, the"Master Plan"and "Manual"). Staff Comments: The requested modification results in the replacement of the 2005 Master Plan document with the Master Plan document entitled`Ashville Park,"which was submitted with the current application. The new proffer also clarifies that the Master Plan primarily applies to the reconfigured Villages C, D, and E. PROFFER 3(2005): REQUESTED MODIFICATION: A second entranceway to the Property shall be A second entrance to the Property shall be located located at Flanagans Lane near the intersection of at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be Flanagans Lane and Sandbridge Road and shall substantially similar in design and quality to the be substantially similar in design and quality to the exhibit entitled "Community Entrance Flanagans exhibit entitled, "COMMUNITY ENTRANCES", Lane" prepared by Stephen Fuller Places, LLC, a "Flanagans Lane"dated 12/19/2014, prepared by copy of which is contained within Section V of the LSG Landscape Architecture Inc., a copy of which Manual. is at page 5 of the Manual. Staff Comments: The requested modification is minor, providing a slightly different design for the Flanagans Lane entrance feature in lieu of the design contained in the 2005 Master Plan document. Moreover, the new design is more consistent with what was constructed at the Princess Anne Road entrance than what is the design provided in the 2005 Master Plan document. PROFFER 7(2005): REQUESTED MODIFICATION: The internal streets within Ashville Park shall be The internal streets within Villages "C", "D"and "E" designed and constructed in accordance with the as depicted on the Master Plan shall be designed exhibit entitled "Typical Street Sections Plan of and constructed in accordance with the exhibit Ashville Park Princess Anne Road, Virginia Beach, entitled, "Typical Sections"dated 12/19/2014, Virginia", prepared by MSA, P.C., and dated prepared by LSG Landscape Architecture Inc., a February 8, 2005, which exhibit has been displayed copy of which is at page 10 of the Manual. to the City Council of the City of Virginia Beach and is on file in the Virginia Beach Planning Department (hereinafter"Street Section Plan"). HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 5 I I' Staff Comments: The requested modification results in the substitution of the 2005 roadway cross- sections with new cross-sections that are based on past development review observations as well as lessons learned'through use of the 2005 roadway sections. The new cross-sections also provide a section for trails, which was not part of the 2005 document. PROFFER 12(2005): REQUESTED MODIFICATION: The total number of units developed in Village B The total number of units developed in Village B shall not exceed 169.All such units within Village B shall not exceed 164. All such units in Village B shall be single-family detached dwellings. The shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth and acreages for each Village shall be as set forth in the Master Plan. in the Master Plan. Staff Comments: The requested modification deletes five dwelling units from Village B for transfer to Villages C, D, or E. PROFFER 13(2005): REQUESTED MODIFICATION: Villages"A", "C", "D" and "E"shall be developed Villages "A", "C", "D"and "E"shall be developed substantially as depicted on the Master Plan. The substantially as depicted on the Master Plan. The total number of units developed in Village A shall total number of units developed in Village"A"shall not exceed 135 units. The total number of units not exceed 135. The total number of units developed in Village C shall not exceed 98 units. developed in Village "C" shall not exceed 116. The The total number of units developed in Village D total number of units developed in Village"D"shall shall not exceed 41. The total number of units not exceed 44. The total number of units developed developed in Village E shall not exceed 56. All units in Village "E"shall not exceed 40. All units shall be shall be single-family detached dwellings within single family detached dwellings within these these Villages. The minimum lot size, internal open Villages. The minimum lot size, internal open space space area, buffers and acreages for each Village area, buffers and acreages for each Village shall be shall be as set forth in the Master Plan. as set forth in the Master Plan. Staff Comments: The requested modification establishes the new number of dwelling units for each village resulting from the reconfiguration of the villages. The reconfiguration of the villages with regard to size and location is due to two primary factors:(1) the need to move development from previously proffered locations due to the creation of wetlands(as defined by the U.S. Army Corps of Engineers)on the site as a result of changes in drainage patterns under the original developer that were exacerbated by long period of inactivity on the site;and(2) HOFD's development practices and design preferences, as well as HOFD's housing market research at both the local and national level. Lot sizes in Villages C, D, and E will now be between 13,500 square feet and 20,000 square feet, whereas the lot sizes under the existing proffers are between 12,000 square feet and 20,000 square feet. The reconfiguration also results in an increase in the area of the site devoted to passive and active open space and recreational amenities (increase from 52% open space to 54.5% open space). PROFFER 14(2005): REQUESTED MODIFICATION: The linear parks depicted within Villages A, C, D Those portions of the linear parks that are created and E shall be maintained by the Home Owners by easement upon a portion of a residential lot shall Association and no structure shall be allowed within be maintained by the residential lot's owner. The the linear parks other than uniform fencing, or other cost reduction to the Association resulting from the uniform decorative features, and mailboxes. The elimination of this line item/expense will be Pocket Parks depicted on the Master Plan shall be immediately reflected in monthly homeowner developed and constructed substantially as assessments. All other park areas and open space depicted on the Master Plan. The Pocket Parks areas shall be maintained by the Home Owners HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 6 I shall be maintained by the Home Owners Association. No structures shall be allowed within Association. All sidewalks and trails located outside the parks other than uniform fencing, storm of the public rights-of-way shall be maintained by drainage improvements, other uniform decorative the Home Owners Association. features, and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the Home Owners Association. Staff Comments: Staff considers this a `housekeeping'item since the new proffer reflects changes that have been recently implemented in Village A at the request of and approved by the homeowners in that Village. The concept of`Pocket Parks'has been integrated into the `Linear Park'concept. PROFFER 19 (2011): REQUESTED MODIFICATION: The recreational facility referenced in Proffer The community amenities depicted on the Master number 18 [of the 2005 Proffers]shall be Plan between Village "A"and Village"C"shall be substantially similar in quality, design, and substantially similar in quality, design, size and character to the exhibit entitled "Community architectural character to the two(2)exhibits Amenities"as contained in Section VI in the entitled "COMMUNITY AMENITIES"(1) Manual. It is recognized that with a development of Recreational Activity Center, and (2)Clubhouse this size, detailed building plans may change as the Elevations dated 12/19/2014, prepared by LSG development of Ashville Park progresses. The Landscape Architecture Inc., copies of which are at intent of the renderings is to demonstrate the pages 6 and 7 of the Manual. The Recreational architectural style and building quality of this Activity Center shall include a Clubhouse(minimum facility. Final elevations for the structure shall be 3,400 square feet), Drop-off, Sun Deck, Swimming submitted to the Planning Director to assure Pool (minimum 3,400 square feet), Lake, compliance with this proffer. Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot(35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village C, D or E. Staff Comments: The effect of Proffer 18 of the 2011 modification to the original 2005 proffers(referenced above in Proffer 19) was to reduce the number of originally proffered `Recreational Activity Areas'to one, which will be located between Villages A and C. The 2011 Modification of Proffers application primarily focused on site layout revisions and elimination of the age-restriction for Village B. The originally proposed indoor facility for Village B was replaced with a Village Green. Proffer 19 of the 2011 modification(above) tied the general quality, design, and character of the `Recreational Activity Area'to the graphics in Section VI of the Ashville Park Manual.'With that as background, the currently proposed modification provides more specificity to the components that will part of the Recreational Activity Area, and requires that the clubhouse be constructed and have a Certificate of Occupancy prior to the issuance of occupancy permits for any dwelling in Villages C, D, or E. PROFFER 21 (2005): REQUESTED MODIFICATION: No portion of the Property that has been No portion of the Property that was delineated as a designated as a jurisdictional wetland by the U.S. jurisdictional wetland by the U.S. Army Corps of Army Corps of Engineers shall be disturbed. Engineers prior to the commencement of development of Ashville Park shall be disturbed. Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S. Army Corps of Engineers shall be allowed as permitted by State Department HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 7 i of Environmental Quality and the U.S. Army Corps of Engineers. Staff Comments: The applicant proffered(Number 21, above) with the original Conditional Change of Zoning that none of the non-tidal wetlands identified by the Army Corps of Engineers as being under its jurisdiction would be disturbed during development of the site. The currently requested modification of that proffer reaffirms the content of the proffer, as well as noting that any impacts to areas of wetlands that have been subsequently identified by the Corps as being under its jurisdiction shall be allowed only as permitted by the Virginia Department of Environmental Quality and the Corps. PROFFER 22 (2005): REQUESTED MODIFICATION: The combined areas set aside for recreation and The combined areas set aside for recreation and open space on the Property should not be below open space within Ashville Park shall not be below fifty-two percent(52%)of the current gross acreage 54%of the 452.8 gross acres which comprise of the Property. The different types and acreages of Ashville Park as depicted on the Master Plan. The open spaces provided within Ashville Park shall be different types and acreages of open spaces substantially as specified on the Master Plan. provided shall be substantially as specified on the Master Plan. Staff Comments: This proffer updates the number of acres and percent of the total gross acres that are being persevered for recreation and open space. PROFFER 24(2005): REQUESTED MODIFICATION: Grantor shall construct a series of sidewalks and Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian trails that are designed to provide pedestrian accessibility within each Village, and pedestrian accessibility within each Village, and pedestrian and bike connections between each Village and to and bike connections between each Village and to adjacent properties substantially as shown on the adjacent properties substantially as shown on the Exhibit entitled "Connectivity Plan" prepared by Master Plan and the exhibits entitled, "Village Stephen Fuller Places, LLC, which plan is part of Plans" dated 12/19/2014, prepared by LSG the Manual (hereinafter"Connectivity Plan"). The Landscape Architecture Inc. copies of which are at path system within the Village Greens, the Pocket pages 2 and 3 of the Manual. The path system Parks and other open space areas shall be finished within the Village Greens, the Parks and other open in hard surfaces such as asphalt or compacted space areas shall be finished in hard surfaces such clay. Such trails shall be designed substantially in as asphalt or compacted clay. While not all portions accordance with the quality levels and design of the trail system within Ashville Park will be open features as depicted on the exhibit entitled "Open to the public, a continuous trail system from Space" prepared by Stephen Fuller Places, LLC, Princess Anne Road to Flanagans Lane that will be which exhibit is part of the Manual. While not all open to the public either through easements over portions of the trail system within Ashville Park will some of the trails on the Home Owners Association be open to the public, Grantor shall provide a property, or the provision of sidewalks and trails continuous trail system from Princess Anne Road within the public right of way section between to Flanagans Lane that will be open to the public Princess Anne Road and Flanagans Lane. either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right-of-way section between Princess Anne Road and Flanagans Lane. Staff Comments: There is no substantial change being made by this proffer other than reference to pages 2 and 3 of the new Manual rather than the `Connectivity Plan'provided in the original Manual. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 8 PROFFER 25(2005): REQUESTED MODIFICATION: Grantor shall construct a Multi-Purpose/ Grantor shall construct a Multipurpose/ Equestrian Trail Equestrian Trail substantially where substantially as depicted on the Master Plan and the Village indicated on the Connectivity Plan. The Plans Exhibits in the Manual. The Multipurpose/Equestrian Multi-Purpose/ Equestrian Trail shall be Trail shall be approximately 8 feet in width, constructed of approximately 8' in width, constructed of compacted earthen material, compacted clays, or similar compacted earthen material, compacted compacted material substantially in accordance with the clays or similar compacted material "Typical Trail Section"as depicted on the exhibit entitled, substantially as depicted on the "Trail "Typical Sections"at page 10 of the Manual. The Section"shown on the Connectivity Plan. Multipurpose/Equestrian Trail shall be open to the public. The Multi-Purpose/ Equestrian Trail shall be open to the public. Staff Comments: Similar to the modification to Proffer 24, this modification changes the reference regarding the specifics of the Multi-Purpose/Equestrian Trail from the 2005 Manual to the currently proposed Manual. This trail was an important component of the original rezoning, as it connects to Heritage Park to the north and is intended to continue south of Ashville Park, consistent with the overall vision for the Transition Area. PROFFER 33(2005): REQUESTED MODIFICATION: The dimensional requirements applicable to The dimensional requirements applicable to residential development of all portions of the Property development of the Villages in Ashville Park except except Village B shall be as follows: Village "B"shall be as follows: Minimum Lot Area in Square Feet: (a)Village "A" 12,000(Villages D and E) i. Minimum Lot Area in Square Feet 20,000 20,000(Villages A and C) ii. Minimum Lot Width in Feet 100 Minimum Lot Width in Feet: 100 iii. Minimum Front Yard Setback in Feet 50 iv. Minimum Side Yard Setback in Feet 10 Minimum Front Yard Setback in Feet: 50 for 20,000 v. Minimum Side Yard Setback adjacent to a square foot lots and 30 for lots less than 20,000 Street in Feet 30 square feet vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Minimum Side Yard Setback in Feet: 10 Accessory Structures no greater than 150 Square Feet 5 feet Minimum Side Yard Setback Adjacent to a Street in viii. Maximum Lot Coverage 30% Feet:30 ix. Minimum Setback from Sidewalk on Lots containing linear park(easement) 15 feet Minimum Rear Yard Setback in Feet:20 from edge of Accessory structures of no more than 150 square sidewalk feet:5'rear and side yard setbacks x. Maximum building height in feet 42 Maximum Lot Coverage: 30%for lots 20,000 (b)Village"C" square feet and greater and 35%for lots less than i. Minimum Lot Area 45 Lots in Square Feet 18,000 20,000 square feet ii. Minimum Lot Area 71 Lots in Square Feet 13,500 Minimum Setback from Sidewalk for lots containing 01 Minimum Lot Width in Feet 90 linear parks: 15'from edge of sidewalk rv. Front Yard Setback in Feet 30 v Minimum Side Yard Setback in Feet 10 Maximum Height:42 feet in Villages A and C and v� Minimum Side Yard Setback adjacent to a 38 feet in Villages D and E Street in Feet 20 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 9 vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15'from edge of sidewalk xi. Maximum building height in feet(not to 40 exceed 2 stories) (c)Village"D" i• Minimum Lot Area in Square Feet 12,000 ii. Minimum Lot Width in Feet 80 iii. Minimum Front Yard Setback in Feet 25 iv. Minimum Side Yard Setback in Feet 5 and 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 20 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 40% ix. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15'from edge of sidewalk x. Maximum building height in feet(not to 40 exceed 2 stories) (d)Village"E" 20,000 i. Minimum Lot Area in Square Feet ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 Staff Comments: This requested modification to the 2005 proffers derives from the development practices and design preferences of the new owner of the property, similar to when the previous owner deleted all of the proffers from the 2003 rezoning and replaced those proffers consistent with its development HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 10 practices and design preferences. Based on those practices and preferences as well as the changes in housing market since the market crash of 2008-09, the proposed proffer provides dimensional requirements for Villages C, D, and E, resulting in a variety of dwelling types. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family residential (existing and under construction), vacant land, non-tidal wetlands(USACOE), and forest SURROUNDING LAND North: • Single-family rural residential and cultivated fields/AG-1 USE AND ZONING: and AG-2 Agricultural Districts • Single-family residential, recreational facility, and forest (Heritage Park)/ R-20 Residential District& P-1 Preservation (Open Space Promotion) South: • Single-family rural residential/AG-1 and AG-2 Agricultural Districts • Undeveloped land and Coast Guard Communications Facility/AG-1 and AG-2 Agricultural Districts • Forest, cultivated fields, and single-family rural residential/ AG-1 and AG-2 Agricultural Districts East: • Back Bay National Wildlife Refuge/AG-1 and AG-2 Agricultural Districts West: • Princess Anne Road • Cultivated fields and single-family rural residential/AG-1 and AG-2 Agricultural Districts NATURAL RESOURCE AND Portions of the site are open fields and other areas are wooded. CULTURAL FEATURES: The site drains to the north toward Scopus Marsh or eastward to Ashville Bridge Creek and Back Bay. There are areas of Corps- defined non-tidal wetlands. From a cultural perspective, it appears that the City's most infamous character, the"Witch of Pungo" Grace Sherwood, owned a portion of the site during her lifetime. According to City records, John White, Grace's father, received a land patent of 195 acres at Ashville Creek at the east end of Muddy Creek in 1674. At his death, the property conveyed to James and Grace Sherwood. COMPREHENSIVE PLAN (NOTE: This application was submitted prior to the latest amendments to the Comprehensive Plan pertaining to the Transition Area policies and design guidelines. The application has, therefore, been reviewed under the prior policies and design guidelines). 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 by instilling a hybrid of the two types of development patterns that promotes open space and a low per acre density. Another unique feature of the Transition Area, near its eastern edge along New Bridge Road, are the headwaters of Back Bay; a natural feature that helps define the Transition Area by providing an unparalleled amenity for both residents and visitors. As a whole, this area is characterized by many high quality residential neighborhoods with significant, exceptional open space. Discretionary HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 11 I development proposals within the Transition Area should be well-planned, with clustered or massed residential development of densities averaging no more than one dwelling unit per acre, should adhere to the planning and design principles cited in the Transition Area Design Guidelines, and should conform to the provisions of the Oceana Land Use Conformity program and AICUZ provisions. Development proposals should strive to achieve the goal of attaining 50 percent open space, including berms, trees, buffers, and trails, to create safe, accessible, and attractive roadway corridors and internal green space that provide attractive vistas and recreation areas as well as protect natural resources. Uses should be clustered in a creative manner to minimize impervious surfaces, protect open spaces, and optimize site amenity and design opportunities. Site plans should be designed to respect and display valued natural resources and incorporate a well-planned system of multipurpose trails, greenways, and other linkages that are instrumental in implementing the strategic goals of the adopted Outdoors Plan. It should be demonstrated that the capacity of roadways and other infrastructure can adequately support the increased demand. All projects should to employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) `Certified' rating, (p. 4-1 to 4-4, 4-19, Policy Document prior to amendments of February 3, 2015). $ • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site, Princess Anne Road is a two-lane minor suburban arterial with a variable(80 feet to 100 feet)right-of-way width. For this portion of Princess Anne Road, the City's Master Transportation Plan recommends an ultimate 135-foot wide right-of-way within a four-lane parkway typical section. There is an active CIP Project, Princess Anne Road Phase VII-A(CIP 2.033.0), for this section of Princess Anne Road. This project is for the construction of safety improvements on Princess Anne Road from the Sandbridge Road/Upton Drive intersection to Indian River Road, including, but not limited to, shoulder widening, additional turn lanes, underground utility relocation, and drainage improvements. Flanagans Lane is a two-lane local/collector street. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Princess Anne 13,000 ADT 1 13,600 ADT 1(Level of Road (2013) Service"C") Existing Land Use 2- 15,000 ADT(Level of 4,990 ADT Service"D") [capacity (499 PM Peak Hours) level] Proposed Land Use 3- 16,200 ADT(Level of No change Service"E") Flanagans Lane 500 ADT 1 6,200 ADT 1(Level of Service"C") 9,900 ADT(Level of Service"D") [capacity level] 11,100 ADT(Level of Service"E") 'Average Daily Trips 'as defined by 499 single-family dwellings 3 as defined by 499 single-family dwellings HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 12 • The approved original TIS analysis found that a traffic signal for the intersection of Ashville Park Boulevard and Princess Anne Road would be required at approximately 70% build-out of the entire Ashville Park development. Traffic Engineering will continue to monitor the intersection, and will require the traffic signal to be installed when it becomes warranted, regardless of the previously approved projections. • Traffic Engineering reserves the right to make detailed comments as necessary upon submittal of construction plans. WATER and SEWER: Ashville Park is already connected to City sewer and water. SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning Zoning g Princess Anne Elementary 502 586 55 55 0 Princess Anne Middle 1,467 1,474 33 33 0 Kellam High 1,826 1,961 47 47 0 '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 0 EVALUATION AND RECOMMENDATION The applicant is requesting a Modification of Proffers(from the 2005 rezoning and its 2011 modification). The applicant's principal reason for requesting the modifications to the existing proffers is a need to change the layout of the three 'villages'that have not yet been developed to first, avoid wetlands created as a result of improper site grading by the previous developer, and second, provide for lot configurations that reflect the applicant's development and design principles. The residential density of Ashville Park is currently 1.10 dwelling units per acre based on 499 units on 452.8 acres. This density level was approved in 2005, with density above one unit per acre provided as a result of age-restriction for 169 of the units (at that time, there was some evidence that such units had nearly half of the impact on public services as units that were not age-restricted). The age-restriction was deleted in 2011 with City Council's approval of a Modification of Proffers in 2011 pertaining to Village B. The currently requested Modification of Proffers will not result in a change to the density. Staff evaluated the proposed development for consistency with the Comprehensive Plan policies, including use of the Transition Area Matrix(pre-2015 amendments), which assesses the proposed development's compliance with the three important components of the Transition Area Design Guidelines: Natural Resources, Amenities, and Design. Since the Transition Area Matrix was purposely designed such that the result of the calculation cannot exceed 1 dwelling unit per acre, it is not unexpected that the result of calculation for this development indicates that the maximum number of units is 540(since the total site area is 540 acres). It must be noted, however, that the number of units approved for Ashville Park has always been in excess of the one dwelling unit per acre policy, and even with the most recent modifications to the proffers approved by the City Council in 2011, the density remained over one dwelling unit per acre. Staff finds that there is no rationale for reducing the density by 0.10, as the new proffers result in a plan that provides a variety of housing types not previously available in this community, HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 13 I which is consistent with the Comprehensive Plan's Housing Policies, while, at the same time, providing a greater area of the types of open space and recreational amenities that are recommended by the Transition Area Design Guidelines. Based on Ashville Park's history during the past decade, the applicant's current request for a modification of proffers is a response to a necessity for the Master Plan to evolve. Such an evolution is necessary in order to continue developing the community to meet the original intent of Ashville Park as a high-quality, vibrant, and unique community, providing active and passive recreational opportunities accompanied by expanses of open space and scenic vistas. Staff recommends approval of the request for a Modification of the Proffers of the 2005 Change of Zoning and the 2011 Modification. The complete proffers are provided below. 4 0 PROFFERS The proposed proffer modifications of the 2005 Rezoning and the 2011 Modification of the 2005 proffers have been previously provided on pages 3 through 11 of this report. CITY ATTORNEY: The City Attorney's Office has reviewed the proffer agreement dated December 30, 2014, 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. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 14 I .5.44,34.n-d,.b.erl,cige::: ,r e s 44460., • 9. 154, S .0 IT j# X '1 w .r.•.. �, I-t NY zd td c pHh1 C .• ; kJQJ V uJ 1. Na �;ol` 'e) 0 v ZU. Wt irfQ a* G� tn cc u_ ,.._ ,‘„,,....„ .. , „., .v., 1 ..,,.. „,.. _... ... „4„.4.71..c P \ M „ , ad/2� o V 9n1 �`6 ��y FK • S,�CCSS t AERIAL PHOTOGRAPH OF SITE ROUNDING AREA AND SUR L.L.C. HOFD ASHVILLE PARK, Agenda Item 3 Page 15 I I Q CCS /^. N 11-1 n au s tl rg J CA Ai' Ilg > sa co! I '`i t, I m==21,111 id Nit,e 41Q1O!11184 f !4s allll/ri ►I ■..l1111►t# 0 a !e =. `a "t;FA's 4, . A_s"o E b ing co E I pp ggI xe IF9 1 i ,11.77 , it '.'/ • .s'1i °'moi { 3 LL } =r- 6t EE � _.. _ > - .� x — i c- S 3 c ... X. s v _ o a " N iw REVISED PROFFER 1 / PAGE 1 FROM THE "ASHVILLE PARK MANUAL" HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 16 VI V Z ti, F yz 3 Y E c _ 2 a a E u. € 3 0 41111111111111111 Illt 0 II 11111* 1 1i7 t:00-.." :'... -it _ a 1. :. :,41,,,,i0i.:E] . ' ediliti, Imo _ 11 :::Ii biiiijs! --z.Zx r L y L 1 E. > a i' = "- nI \ \ c u sIt x U 5 i REVISED PROFFER 1 / PAGE 2 FROM THE "MANUAL" — Village C HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 17 I I I iI 1 o ccp a C 3 I et > a '4' y E 1—i a _ - - g = - ° Gg T. T.a. m , •at Alaimr,-._..v..f ... k '1✓ ti 1*. 'twilltliPtif s f,, . ,..• tiii. ♦��� o Lig at Mar r '',;'4Nribbil9 i "Illig ,r _ „,,,„„,,4, ‘,„. ,,,,,,,,,,, , --).: „ , :. „, .. .,•,,.. ., c , ,,„,, e s r RI. —_ REVISED PROFFER 1 / PAGE 3 FROM THE "MANUAL" —Villages D & E HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 18 I 1 cn 7.1 Q.) a U W a Ifi. I _- ol&lii• r E E .01! 'f. `11,7 1 U H I j f p *; em i { t' i \ '..z. msou 1Li 4 .,... ... ....,.. ....r. --- ._ 1 !.: .,„ 1 s.„.. . - \, ,,. N _ . : . : PAGE 4 FROM THE "MANUAL" — Community Entrances HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 19 Cl.) LI I � •A 1,-, C J Z \ �'" - ;`�; a \,. ,— I� ,r J�yL` Nr, , f ..., 4 - .-.,* "V. „- tr '— 41, •He • 111 � „._e4.:,c*'-,7-.,. -- I• IAS' $ r ` ti 1 1 'i t* lik , 1 4, : :1 i\ ‘. '‘'' ik ' i . �`! 1 wI II: F ` lia •(t : ,.'ii ,.„,sJi ! f y 1,,,, kt J.'',�; \ Th".... REVISED PROFFER 3 / PAGE 5 FROM THE "MANUAL” — Flanagans Lane Community Entrance HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 20 C •0 i �I CD J c 'Q 'Jr + I E F ' P. o l I > I.1 13 i144 3 w X11!� I � i > U W Z C U U! �i y '. -11 , — stA 1I'':IS \N1+- ....... i 131 T , ` I o s ACV f''? W . _i_. } o o_ ` 13 11 u ` r( , 1,I .. R la REVISED PROFFER 7 / PAGE 10 FROM THE "MANUAL" — Typical Sections HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 21 cue •rte"+ = :sf J + y y i L 1 E Y 4 L f u al ° E Y 9 I. -L 1;, 'E ; •rl W u U 0 v'1 cg 3 a i - j E i U F I , i I tiii4,0 ..,,—..; i s F. r s • 0 .. i O I 0 C 1 ,i . 4 1 S Ii . -, \. y,,,, , „,______,__,,' 1� 1 \ A REVISED PROFFER 19 / PAGE 6 FROM THE "MANUAL" — Community Amenities HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 22 V) C N 5 I t r f� 1 J i E D i '� gI E v" 5 O , (..) fit, t E I J �s Ili ,, .t:-, it ' i#,"'" :Maty ! . • , t tom' .` ' T \ ` � l C REVISED PROFFER 19 / PAGE 6 FROM THE "MANUAL" — Community Amenities HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 23 i -/,z;ya V. Open Space Examples P P p e Ir/l%A r . d . . ril ._ . - ..- -- --&,,/,,c; Vl. Berm& Pond Examples hi PAGES 8 & 9FROM THE "MANUAL" — OPEN SPACE AMENITIES HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 24 ii , `/`'`'r� VIII. General Architectural Standards ://,-')/pi l6e Geyenl Aerkiacmal Swadyeda a .�ni b h,�l:nam,nn.l(•e'+.y, Sr,f#I w.l:r,.,:a.a.W.e tr ikn itrr x -,. 1 1' -, hat Con .I w k rymn...hk I. tLX..n.4'nl•,a i.,, mvh. 1 e.anl l call.nr,rl.drv.d,Iu,.:r r..rk M.,..'.:Id 1k A9. edam..de..W.1 ta in......J.W.M1 n.lain Tr de•.rl4A,nei n rru..k. I mdnl Ir ,,,d ntourui).A In,plx.•I,.. ,m krlr rhwr ndrew s,en,rvkmlr 13.dk Cant=hdl thin. ,.A m+.,r I ate•..h III, n L..e.nal.11 r. r di.i'k'.Ii.. a;Imp..,rk rl.•.,xAr h 1.lb. 41. I 9.3.4.1.tx.un hs ,,1 - i wen. P 1�. Haan udm ,..v�d UMaa. w Ina= hat MM.n+Aii.Ile ht.Y M. S.CAd:bra CIA.Psruts. 1) icIru •kala Indian d detai11.3•W d wa s At..dd. loar.lobo Woman. .al uwl d .h> I.ril the.rah Inn.ddn auk Indian,3nisanialre...yuan,sup.,tu In eh.many,d,, hlAdd{,n Ek.r,l.hal..h amwckN..hc h...la,on thea I ,I.k4.k�dhynr nu kn....de 11. <huendA..d sad 16r,avm,vdrt al*Mu. AAemme re.rhe.iI.m a dr baa,Rede nm ekrmA re.r-wain.r.,4.m y pv.h... AdnIlk ' 1,t..Inn ien,.th ml. k. u s m.1 b rwl.ria 11. lhru.lAnb,«.1 Venomm6Fde nnyornolo..drolmsI werwrd Review Thle Iu..,4 .1.3 n.nu.nwaa dor AJnlik 3411ru-urn 1,4kmi,.hnl il.',,, 1,lrv.ln,I...4 «.ra„r IA NII Venom f i I AS<d ar mo. h flan W A. .In x rm:.wp.A klrmn,k Nadia.. 1.. Sint hw„d i I.T d - 'kr hr k l AK,' M d IJnip, II lanai, 1 ineptand ....1.3•3 incat 1u .d lh du NR. ,.vasa that yell a rhr ren ra.A rd uh k l Ola hr y 1 d,full udkr,rr .rArn Iu,,utnmmrM.Ola arvrwhrr III.. . dna k II' hrryf .hunI..ny,n.r: ware au W...raw.de hien the haus, .hu ad do ...T,.k.. n h d-t 1.a mmk..11.v a-k,rh..ll.m and . 13.u.,iu., Ivo n„r r.tS faa.e,td 6.-C.-e.,dr«rand dm,h a...My eyla. xi,W n air rake...nR ad,.Wky;nu.:air. bm,r,Thr'tub A....,.r.a,auk,..„u,ur Ik.J.11 Ibr dtinanaue r kd.puha,.yuIaka,J au aper... h-dwk e.4 klkln<r.lr•and.ru'in.3-3-ahem hw1. Rd.-res nn.vd .I rd,n.ul hluk l Hr.11 did :.04...m,.>aN. ...rival elednanu nes, a J. act .I, . uin.pn w..u_ .havmu aoranma akh Jr.rcLar.<wd act .Io,...mi.v. heu.,wuJ,proms r.Lr.r W.I. I.MCTITT 1UNAI 91RL nwadi ade vr.r+M rim Iw.n irk.kr.,cy«Yr.,h I \.k Ih.1133,doll nn 411 The.rthlmrmy 3.,u,l Ale Pn1 H 1..k 1 r.J, wrdi. •tuna ..k ..11.'1 Mad.... ,�cn n rvk n..n.......6.15.11-�+m.l w.wrS,..k„we.. .dibJnmnasal,Ik,.yllmu,IrWanda 4.1.R,.,d.ma.Ri...,.JI1 ,,<111 wan,V. iknde.,lullel lu.,usekulnl l'11.-.. .all.oft, . WyµyW.r dm A,n.6....A.6..............1 .h.III WSy•nidw Y,l NTddetann, ll..,n .11.,i ,0 010.4 ,,w ra.dnur..Vb.1nrn,;rhe u..tan n.al mll.k,.n-r,kMAFF..md.,.A,=mar.Thou.,Awiwde ......r.....3anava„Ib-nL.M kwlmn ar„p' ..0 had.. 00101.1,. ..apihy Jdill,wk 2.I![PNAT HOUSE PROWL,. F.1.A Ile i.s..h.,in 1.44k 114.null h..a...a Ion,plan mad ay 4.MAMMALS d,Iw nix,•Inman Fan,,hem:.. 113:..i,h i•k nun.:.k..,kvu 4A I:r.ru•,marnid.Stull he.Iwpbn r3 Iu xrrlun,m,wi,wi•a Ih,h ..,, ,,,,K,, and.I.66mated rate.,de..n bnN us.dty r„:k,naso dila.',' ia,ni..wall........6 oust.h.k 6x13 Iahlnl is I,am.,3...re a•wa. .mm [011 T i7.2)---,0FJ, A .' dR _ ..ydimlhN.w,yyu•qn ON. .................13•13.-...... .. K...n+wk..da..wsd.e nii ' . 1 B11 C IF-1� � ( (- �m . VIII. General Architectural Standards a Wyle haus,mai maid lu.hard on wand luen<calu.ub.r t...Mx. ni nu.,tar..,pers.A.1.i mr.,,,WCTir a,W:,xalr,;r.hul well., cnda.6.n1.mn.ardI.uu;IoilAs to Mein.,lawn u'r®-.nag law tuddkIA.unpion 3e appceanc duarru aka..added.ner an1 a.mreenhy char vyTxle,ne mrk ardm:,runl chandler.a du now Sc,a.y.damn elan rill alyau.h:k-.Jiltmea irk Fie..bard., .,ah aa.:.p ma.an..dry>{Mprna hark ach.h*In den.rel, .. .,u..,side. ken,.Lw.T1m.v:,,n,n,:I,vAplua«,kme:J the lase Athe.:wrrdTV am al ndc a mena•k law anew o a WGeaPSt We comer m homed hew,,loth a-he,UE k and n owk fur d the<el nn.dI6 b.3.1 lean dv.n. t,111100.1 us.411•3114•.The wit of bank.Jkhkavian lour. .1..uyrel-Andalcura-.akpnn:..nuuru.ryas 'ale ma1111n6.1,.,1,-.3,WO,4-4n.k..tr.l VW*Id leas'•p.era kmggna,e and ncbao.wYdmtnd rhe home,Node 111 he a.Wad 4ue.edmsMdpracia are regret.,,-an when rMv AAzrenc.hai r4 ernd. n-11.,64 Vwn'.1.l Wan ramadaa!NIA a«aemy renamed mstall's.a.e ad,PII 0,,ipa, TM are ddmr,um.dradmac,ard.:.c ttu.d warn N aha am,.eld. Tkkmd...a,,and,r.i,.aria 1.nr..Jr.l lemrd he dp.l:k Inc=a lured,u •beloauusu uathe..dcu.nd Jo..dS hums.Sample. ol Pan 11,.41!.]d.pa"la.m.lu4 h ng-a,, !cm Aura u ALLnp.smcd,abvm1 l. vr.I .r hm,M•&panl ofbaY txecm npv,al Sem:narkrdnlndkv nen krk ART. e..d:mr,d then-!,:..,.,rOW inane ii.a. mrk cams ..M:aen,..All..ilien.u.u.k et.,uln.ear...a manta ammo!and Penal.11,13']...L..t.c I.aUJwbr rin.I.rcd .,aria need sari. anfnrr, 1=,and drnihr ere/maims.-ri :IPhhrrs rMNn.uma,*Ira ,31.11 na,rh S;rl.rh ,end,.. IJlb.hnunum rhhr; a.Jd,a: .I.nun.d.11pxr mtly k,..uud6.6....1.Junvx mmnvL ma be ,.sr lYreans ken I. • Sar pnwhr rdru ,,4 lu race.d ane...shad kaun':al w.rhs..did., ab=inmlr',inn. .1 r1PR h an ARC ,ria,..nein hi,nfthe h.,.When I1.pv.,,ren-ea in,• .vn>Id.3ddvoelmmnhush..lav 1wy11 ad..s*..',r..Ru..luns ddl ad.W<the am hada sd,l.lru«x,9am t kpma dun.kJanina hennas column rie.k'clan vertical i.pnlaa- Ailcame•mmcak ml aims dull k.iniad m du ARC kn diel aa1 r:1.I:4..n hat an Ye.Son,due a,mmik',...N i„:nober,ddarL rdlm.d pr,lw C.....lea .....6 6r Cuur.nu. the sate in mei un be du•wap an rare dem The ware .. n ems..ei.d.m nJirp mk 5,Pogo.. p.p...41..,kd it.lav,..Ihe coneruchun Ja Peal.ae.murarrd du •I: R wens...saner. drank and mannawhichchi..ilhn bwl.raa nand Ian <3•••••a pad ldrryle.nce henna Pexhr NM H nay ria 4nal ......J uth...I..la Jc akF kShc kdcfpd .h '�*µ• ___... - elaalum waw ' 1 aluh-ifFc k shtikJ ek(nn 11. .011“01.1.01.141 1“01 w.Ya I '$ hrwl7nnm,-ir.hade.pnpnkan nd,kun..d.waphawnl do..vola a" T admuluJ char.re.,d n4:.4 the mor.Nr_h.Rea,nim a ran:k.,d --3 3 3 3_- Nom. ar«rho i'0'.6...dmmkdpnb ddl k..umalm me.kal mass 'r '1----: r mum 1 .mtr vuw.+ weelaWdaxenewee.wwwerweelbra• l E s I - will! 11 l ro - L.1'11' ) I 4....•. j ...1,,S i _ dL . _�.Yu I WOW see*: «..mw 3•.e.....w... N) Lc a,lilt • PAGES 11 & 12 FROM THE "MANUAL" - General Architectural Standards HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 25 i � III 4 II .y�:.!iI. ..... , I I • /,/j'77.- VIII. General Architectural Standards 7.Il Common ANO AARla ... !ale.linEa lteryhtII11,,I ,thrill be"owl,.:Immo 1L-nryw,nan a:kcmn d<rnLre and:,,ism•mnr.r.n n and drab, r a . Ea,au dk Jil n,to conwi diem-lullai',oh k Ire ended 4m m ypmrwure M,re do,'il,a r� n n Mnnr,c de«iukw d ora amWkalr comes o�mxl.z n r. hwb and mama which,deafer lav M mak ., mu LI ir, trod p utnand INN,u men,.and rake Ca Musa air fie i.ik ii•rp•ad, .yptrnare Ward n.kme n,nM rrm,6 nolle.N h. 1 L•i 9,u .M I wa&d ea legenhk,a Jall-:e ..,•I ,rr•g:1,1 wle,Jw c)Amtur doge nil to....ail al_.e hd,.m ad Mop«.rr W..Y.pam,sa err,• `m•pr•r' .p Bmacl,:Ima.7y Salk mrelory f,hodLei„d aha. �TAgea .en hreach k:eryol;o III of dm welll-u.he Maur we F. ah:,l'-.-,.a..alWg 14 ti dm mitt,oi J.Jodie aural,. _._ ..G be rosined ar AJ..ill.Park.Slot- will no.t<p:ct red n di,n rra:r•prop.1.dots,.. rY.rm for............. mYkdY. Y. `-° 11'-'' 1 \LF «and-"ne n rwi r..�.a.. inu. e. ...a.., i .mu.. a.. -�deny.�Mari • .a».•••••••••... _ n..W,a,op.iR«dr be wed«lktier Y'ei:,e n it aaLnmmn.Wakaw 1N0 m ug.h.Jtram or yeelal nkkG:y ad;be appmepiaely wad rJ,ktaint al Winddoll a cid da e.1 1 «.r. v B WINDOWS yKr+. 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General Architectural Standards J 10.Doom... .le tinge.,U•e.ral.l din of puprakna,terra k...••or.4gdy kr- tidal-,,A..---honk...a fen,:awed mw 433"r.,k Ik..,e till ear rode he. v.d. -,....dere.,-h,, :W eknr red uup•rtfle, h.R, m . . .Y. . .+ i he de. .d or kin Lad Io kd la n. ,L m- a lin lanai n nMmrtnnal doh,..in,-mpe.rm ria prm.g 4rm orroarer-won rh drm,,retia.M dank,or the Tarty rani dr,wrr•R all o .IIF anmvR•p,rp,rm.,arnldndibll almell'rr 1114.1....,1114.11114.1....,pyr . .r-k STe.J,4+mm,R puW:vtipWan eM1em ylak.nrgygaiaaa dl INad keamimeo..a anal ado rn:•an krwd co an re_nrn tare- en i.•+ek pkme glom cam,(h,-d gkawaw nd,.]'SWI<w,rure d.n or m mnokdd 6r a Trodlrir.a we wlhn ea.,.Ir X.,mm1d.:.,e:r4 pr,dew. «,d tr .odd .,Iw «p.,w• Y-.ertark.l'Y OA Simi.alb,M as Saeed,,ad[moor In,F.y.. 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E- :4 n ,,loner!,our X., e,1.1immimmiLimmion and nor„i.:Immra4 lIC m,ka.uwr nil m.x,w,w lx d•,.,III.,.'r..J mel g-orood M the Alle .ww S• [dram II b ddri wp,h,...1.w oddp ,uJ.IaO Ver' V JJ/�� ......e i poi �; 16.COWEI PROs ISIOK• lie rade a.i o oak.1. tu Wry wT e,mJ b tbn J lir ! f mr,dtrrr lr h-ARC pr .,. a,...e...,..�v.A» .,. .,.,,.,lore r. v. ,.« 17.Prwrwk ter' ARr<mrq 45nga.c.'ly.ad•F. «,e,ri:'1V ""I'del :Lt:i-rr m kin,-CJN pd..l'1::eK a pins apo M\Mq,.r','ry NO ..re la proems. n.Dtnwa AXI,ENJwa 12.Root Vrsrnwno.. Ta lav dMinos nr inn if darn,.,.I. r,dramas,.da I::.,.'O,•.4 at Hbri.IF,',qv, kat,.,ad,m L. ppia.ri,I..mb ger Wan dew,ilw vihvrn,elm .manor look dm ale dew.,behind a mora elm., TI. &le road,A WG-or,rimAndL d oh,apa. metre,w dl,aed Won 11.e i..b,rwallt it ilk va,a, IM Cenmun.Wee,vn,ge.pnrdnd. nµa.b.rrh•onto Thr r r,ahriLl or.i4 or b.am edw.nri pear....ods A L, _ II PAGES 13 & 14 FROM THE "MANUAL” — General Architectural Standards HOFD ASHVILLE PARK, L.L.C. 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I......., 14 14 I .4 4,-......... ..... 44.-•4 4. ............6,4•..• .44. • 4.• 44 4. , .-44 ... . 6 PAGES 15 & 16 FROM THE "MANUAL" — General Architectural Standards HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 27 PRINCESS ANNE Map L,K,-113-14 HOFD Ashville Park, L.L.C. 417lMa;7/ it A % A 1 t____.,71100 — 7.7„,,iii....At;.,. /Nt/it '7,,.,,c.....1..' : 744),....4ffiagor a. .o Scale , -1''‘ '''"-i 'Ifs -,,,— "` . ' "P-4 ti e __ ry1.1 it-,Attp. ia_rt ...* �,a / !,&43,, g 1, 1- PD-H2(R-30) 4 r p^ �. # / ,,.\ .y ,`jai -,� r 9 ,. --la = lEID� ..74,--:', " � 3Wi15,&41Yfr. ,. .,/ ,t,'�� , a •D-H2(R-30) e P f .• AG2 (R-30) • C� - J`PD H2 AG,' s - 4 2 fr AG2 a tN % __ AGI ; iAG1 ..' :, al 1 v 0 1B,1 dh AG1 a, . 2 . r fAR" e, . AG2, r,.., ri Aar 1' ' .4 - --i- , aaft.'' • _ At ,-, d;no 'Zoning with - .pions Proffers.Open Space Promotion Modification of Proffers ARP-Agricultural Reserve Program Overlay ZONING HISTORY # _ DATE _ REQUEST _ ACTION 1 02/14/2012 Modification of Proffers Approved 05/10/2005 Conditional Rezoning (Conditional PD-H2 Planned Unit Development Approved District [R-30 Residential District and P-1 Preservation District] to Conditional PD-H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 02/24/2004 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional PD-H2 Approved Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 12/10/1991 Conditional Use Permit(Borrow Pit) Approved 08/27/1986 Rezoning (R-3 Residential to AG-1 &AG-2 Agricultural) Approved __ 02/12/1973 Conditional Use Permit(Rifle Range) _ Approved _ 2 08/12/2003 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional R-20 Approved Residential and P-1 Preservation) _ Conditional Use Permit(Open Space Promotion) 2 00/00/2000 Change of Zoning (AG-2 to R-15) Denied HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 28 3 6/13/1995 Street Closure Approved 4 09/24/2013 Modification of Conditions(Outdoor Recreation) Approved 07/07/2009 Conditional Use Permit(Outdoor Recreation and Mulch Facility) Approved 08/10/1993 Conditional Use Permit(Firewood Preparation) Approved 08/27/1986 Rezoning (A-1 Apartment to AG-1 &AG-2 Agricultural) Approved 5 07/11/2000 Conditional Use Permit(Auto Repair) Approved 6 04/12/2012 Change of Zoning (B-2 &AG-2 to Conditional B2 Approved Conditional Use Permit(Auto Service Station) Approved 7 Pending Change of Zoning (AG-1 &AG-2 to Conditional R-15) Pending 8 11/12/2007 Change of Zoning (AG-2 to Conditional PD-H2 [R-15]) Approved Floodplain Variance Approved 04/11/2012 Modification of Proffers Withdrawn HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 29 ' 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) HOFD Ashville Park, LLC: HomeFed Corporation, Manager: Paul Borden, President; Erin Ruhe, VP/Treasurer; Chris Foulger, VP; Kent Aden, VP 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) t CCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 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, 1 • trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) a 9 nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. I I & 2 See next page for footnotes Does an official or egg,Joyee of the City of Virginia Beach have an interest in the subject land? Yes No n If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 30 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) LSG Landscape Architecture, Inc. ! Kimley Horn Co Looney Ricks Kiss Architects Sykes, Bourdon, Ahem & Levy, P.C. ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. PIM 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 C 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. +ge PEN EV►A !�./�a.�jL At,, All ,AI , Vice President Applica gnature Print Name Property Owner's Signature(if different than applicant) Print Name DISCLOSURE STATEMENT HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 31 Item#3 HOFD Ashville Park, L.L.C. Modification of Proffers of a Conditional Change of Zoning North and south sides of Ashville Park and south sides of Ashville Park Boulevard District 7 Princess Anne March 11,2015 REGULAR Jeff Hodgson: Please call the next item. Phil Russo: The next application is Item 3. It is an application of HOFD Ashville Park, L.L.C.for a Modification of Proffers of a Conditional Change of Zoning, approved May 10, 2005,and as modified on February 14, 2012,on property located on the north and south side of Ashville Park Boulevard, District 7, Princess Anne. Jeff Hodgson: Welcome Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate that this was on the Consent Agenda item, and I will try to be brief. Dr.White did an excellent job this morning describing what we were proposing. Eddie Bourdon: This just involves what is a matter of a house keeping items and the remaining three villages. Village C is about to begin development in the center of Ashville Park, as is the public amenity for the residents. Clubhouse, pool,courts, etc.,that are all being put in place here. As Dr.White explained this morning, between the economic situation that befell the previous developer,and leaving the property improperly graded and drainage locked up,wetlands have developed, or did by the time HomeFed acquired the property developed in this area. Frankly, it was part of the farm that my family owned for years that was put into this development initially, and it wasn't wet back in those days. It was farmed land. But inl order to avoid impacting the wetlands,that's the principal reason why these modifications are before you. Also,the reason is to add a lot of tremendous architectural requirements that were not in the previous plan,which most of the members of the Commission heard this on a prior application. That application is no longer in play. It has been withdrawn;so,this is just simply housekeeping on these villages.The lots that are on the outside of this village (Village C) are 120-foot wide, 18,000 square foot lots.The number of lots that are inside the AICUZ area is not expanded one bit. We have moved five lots that were 7,200 square feet from Village B to put more open space in Village D over into Village C, again in close proximately to all of the amenities.We got 250 feet of open space on our property before you get to the lots that are in Heritage Park that back up to this property without any open space intervening into Heritage Park. The amenity package will all be in place and occupied before any of the residents in Village C are permitted to be occupied before Certificates of Occupancy can be issued,which is a big gain for the current residents. Pretty much,those are the big high points in this housekeeping. I did want to mention that,again, we have had excellent attendance at meetings with the homeowners in Ashville Park, and they did ask us for two additional proffers,which you all received this morning, which we will insert in the Manual. This is the Manual that is proffered with this application,which is again, pretty much unprecedented. It is one of the nicest we've seen,and this is something HomeFed has done,which we think is a big plus, because there is not really a lot of"meat" in Item#2 HOFD Ashville Park, L.L.C. Page 2 some of the architectural proffers in the original plans for Ashville Park. The two involved here are simply dealing with precluding front loading garages in Village C and E, and a limited number of side loading garages in Village D. Village D has 80 foot wide lots;so,there will be some front-loading garages there, and all fencing in these last three villages will be the open-style fencing that the Comprehensive Plan calls for now,was recently put into place.With that, I understand there is some opposition from Heritage Park, and I will simply note that the lots in Heritage Park are R-20 Open Space Promotion. The lot size minimum is 90 feet wide and 12,000 square foot in area. The average lot size is 100-foot wide and the average square footage in Heritage Park is between 13,000 and 13,500,and again,the lots that abut us in Heritage Park,without any open space intervening,those lots are 250-feet away, and are 120- foot wide lots that are 18,000 square feet, bigger than any of the lots that adjoin us in Heritage Park. Heritage Park has 45 percent of open space, 276 units,45 percent open space, 75 acres of open space. Ashville Park with will add 11 acres of open space. I apologize, I forgot to mention that, and that brings the open space in Ashville Park to 247 acres. And that is 247 acres that the homeowners have to maintain, and some of these new village configurations also actually help save the cost of maintaining all the open space in Ashville Park as well. I'll be happy to answer any questions. Jeff Hodgson: Does anyone have any questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Phil Russo: Our next speaker is Rob Steele. Rob Steele: Good afternoon, my name is Rob Steele. I'm a resident of Ashville Park, and today I'm just here to offer full support for HomeFed,and the development in general. HomeFed has spent a lot of time in the last year, 18 months. I've become friends with the residents, and most recently we've had face-to-face conversations with the developers to come to compromises. And this is the best possible application that can suit not only the neighborhood but the Transition area as well. Jeff Hodgson: Does anyone have any questions for Mr. Steele? Yes Karen? Karen Kwasny: Mr.Steele,do you feel as though the residents in Ashville Park by and large find this to be amenable to design? Rob Steele: Yes, based on the last couple of meetings and a lot of email correspondence we've had with majority of members, residents of Ashville Park,everyone seems to be amenable to this application. Jeff Hodgson: Are there any other questions?Thank you. Mr.Steele,thanks for coming down, Rob Steele: Sure. Phil Russo: Our next speaker is Brooks Sinnen. Brooks Sinnen: Good afternoon. My name is Brooks Sinnen. Thank you guys for hearing us today,and I will just piggyback on what Mr. Steele had to say. We are in full support of application number two with HomeFed. I will leave it at that. Item#2 HOFD Ashville Park, L.L.C. Page 3 Jeff Hodgson: Thank you. Are there any questions for Mr.Sinnen? Also,thank you for coming down today. Phil Russo: Our first speaker in opposition is Jessica Lindsey. Phil Russo: Hello. Jessica Lindsey: Hello. Good morning, my name is Jessica Lindsey and I am a resident of Heritage Park. I am here in opposition. Some of us have come, I think it was about a year ago when this first came to pass, and worked very well, I think,with Ashville Park in opposing just based on their original transition plan,which obviously, I'm sure all of you guys have seen.And that original transition plan, I've been in my house almost nine years, and that transition plan was something that we bought into long before Ashville was built. Heritage Park had started and we went in to build a home for our family, not just a house, a home. We want to live there for decades to come. So having said that,seeing that transition plan was very attractive to my husband and myself, much of the neighbors in Heritage Park,thinking this wonderful neighborhood and what a better plan. The Ashville Park plan,the original plan,was fantastic, and Ashville Park,the residents who built,there obviously agree. A lot of things have been approved and changed over time, and that is understandable to a point. I think from a Heritage Park perspective, really it has gotten to a point where,you know, as a resident,versus a builder, I know builders are obviously doing their jobs,and they are trying to build additional homes, and to make money,and different things like that. I absolutely understand that. From a resident standpoint, and living there for, you know, close to a decade,wanting things to stay the way they were originally,you know, proposed, there have been a lot of changes that, kind of affecting Ashville Park as well, not Heritage Park of course, but,from how we share the land there. And so our concern is that the increases,and I know this morning, and I was in the preplanning meeting, it was mentioned that it wasn't tremendous change but as a resident it really is tremendous because the lot sizes and when you go from 20,000 square feet to 13,000,you know, I know Mr. Bourdon said that,you know,different numbers about Heritage Park, but we were there already. And so people that were buying into Ashville Park already kind of knew what those numbers looked like. For those numbers behind us to change is kind of very different from what we had bought into. And so Village C is what affects our neighborhood there. I know some other folks are going to talk from Heritage Park, and there are a few people actually wanted to be here but could not, and I know they would be saying the same thing, but I think there is definitely some opposition there, and we would like to and before this goes through and gets approved, possibly have it deferred so we can all talk as a group and really make the Transition Area what it really should be and what is was planning to be long ago. Jeff Hodgson: Thank you. Jessica Lindsey: Are there any questions for me? Jeff Hodgeson:Are there any question for Ms. Lindsey. Thank you very much. Jessica Lindsey: Okay. I appreciate your time. Phil Russo: Our next speaker is Steven Stepnowski. Item#2 HOFD Ashville Park, L.L.C. Page 4 Steven Stepnowski: Hi. Jeff Hodgson: Good afternoon. Steven Stepnowski: Good afternoon. My name is Steven Stepnowski. I am a lifetime resident of the Hampton Roads area. I am a 30-year resident of Virginia Beach, and a nine year resident of Heritage Park. When I decided to move from the Shadowlawn out to Heritage Park, I looked at the plan that this Commission had put together for Heritage Park and Ashville Park. I based an investment of buying a piece of property on that plan. That plan for Ashville Park showed larger homes, at least comparable or larger than what is in Heritage Park, my neighborhood. A year ago,there were amendments and proffer changes that were proposed,and have been, I guess,side-barred up until this point. Looking at the changes, in the reduction of lot size,greatly affects the look of the neighborhood. I sat in this morning on the meeting to see what changes were made there, and what you all had kind of looked at. As our average lot size is what we were told just a little while ago were smaller.The average lot size is smaller. Our neighborhood is based on larger sizes and has a lot of open area. This new plan does not carry that in Ashville Park. Coming down here I would just like to voice my concerns about that. I know that due to some of the financial problems that the earlier developer had, maintenance wasn't done.Wetland areas were created because of that, due to the lack of work being done in the area and maintenance. Now that this area for Village D is really,will be very costly,Village D has been changed and our lots or Village C lots are now reduced. I heard Dr.White talking this morning there is not a really large change, but the significant change that the lots will be 4,000 feet smaller,71 lots 4,500 smaller.That means that the homes are going to be closer together. The look of the neighborhood is going to change. Ten years ago,when I decided to move, I looked at that. My house, I'm on Rein Lane, 1809 Rein Lane. I back up to the west side of Village C. I look out my backyard, I see the woods and I expected to see homes comparable to what I have or better. That is what the plan was. Now, I'm going to be out there looking at 13,500 square foot lot with no green area between any of the homes. All the lots are backed up to one another. There is one small piece of green area in the center of that.That really is not what I bought into ten years ago,and not with this Planning Commission had planned. I hope you all consider the fact that there is a plan in place right now with 20,000 square foot lots,just like Village A. Village A sold very quickly in poor economic times. Please consider that in making this change. Jeff Hodgson: Thank you very much. Are there any questions for Mr.Stepnowski? Thank you. Phil Russo: Our next speaker is Rudy Bojo. Jeff Hodgson: Good afternoon. Rudy Bojo: Good afternoon Mr. Chairman. My name is Rudy Bojo. I am the resident of 7 Y2 years at Heritage Park, and I am one of many homeowners who would be affected by the proposed changes to the density of Ashville Park. We oppose this, number one, to protect our property values, and number 2, to stop the continual request to change Ashville Park that negatively affects Heritage Park residents. We do not understand the need to change the current design, as my neighbor has spoken. No one is disagreeing with the original 2005 plan, so why change it? We moved here for larger lots with ample amount of open space, not for condensed housing with small yards and little open space. The proposed Village C design is much denser than neighboring lots in Heritage Park and on Flanagan Lane, which has far less usable open space. The average lot in Village C would be 25 percent smaller than the Item#2 HOFD Ashville Park, L.L.C. Page 5 neighboring lots in Heritage Park. Even smaller lots in Heritage Park open up to larger amounts to open space. The smallest Heritage Park lot bordering Village C is 20,000 square feet. The proposed Village C design stacks houses back to back as I said earlier, with little open space woven into the village. HOFD claims that the proposed design increases open space by 2 1/2 percent and this is primarily due to the newly created watershed. This depicts, appears to be, an increase in village density. We are told that HOFD wants the changes in design to reduce impact on the watershed, move homes away from the wildlife refuge, and move more of the neighborhood population closer to the amenity center. Village C and the neighboring Heritage Park did should not shoulder the burden of past building mistakes and design flaws. What is clear to us is that these proposed changes benefit HOFD but negatively impact local residents. In closing, I firmly oppose these changes. Thank you for your time. Jeff Hodgson: Are there any questions for Mr. Bojo? Thank you.You may be seated. Rudy Bojo: Thank you. Phil Russo: Mr. Chairman. That is all the speakers we have on this application. Jeff Hodgson: Mr. Bourdon? Eddie Bourdon: First of all, my client will be more than willing to go out and have a meeting between now and City Council with the residents of Heritage Park. Let me just dispel things that have been said. There is absolutely no increase in density within Ashville Park as a consequence of these changes that are before you today. There is absolutely no decrease in any size of any homes to be built in Ashville Park, nor the quality of any homes built at Ashville Park, and in fact, with the modifications that are included in the Manual that you all have, and that your staff has evaluated,there is a guarantee of the high quality of homes that will be built in these last three villages at Ashville Park that did not exist previously. The changes,that I have stated, are primarily for environmental sensitivity reasons, not one for disturbing non-tidal wetlands and to remove a number, 16 homes,from the eastern end of the property closest to Back Bay and the more environmentally sensitive area. The building footprint does not increase the impervious surface.The area does not increase with these changes whatsoever. And I will repeat what I said before, Heritage Park has 75 acres of open space, 276 homes,45 percent of its land is open space. The Ashville Park development has 247 acres of open space,three times the amount of open space in and around all of the community. And there is absolutely nothing that is occurring here that will have any negative values of anybody's home, be they in Ashville Park, or Heritage Park,or anywhere else in the Transition Area. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Karen Kwasny: Mr. Bourdon, can you rearticulate again why the lots are moved from Village E to Village C, and the lots on Village E are enlarged? Eddie Bourdon: Yes.Village E previously had 16 additional lots.They were 12,000 square foot lots, all of them in Village E. We have shifted those lots from Village E to Village C because of infrastructure concerns,environmental concerns, and economics. Just simply having people in close proximity to the amenities that will be utilized throughout the life of this community. All that open space is enough for, I don't know,a golf course,and at least the produces some cash flow. Yet, all of this open space has to be Item#2 HOFD Ashville Park, L.L.C. Page 6 maintained by the owners;so,while the original plan,which can't be developed the way it was for the reasons I stated earlier, looks good on paper,the economic reality is that we have to have a vibrant community,and this will help ensure that vibrant community which is that way now and is because of HomeFed's coming in and picking up the pieces,so to speak. It is doing very well and will continue to do well. But that is the reason to, one of the reasons that, and what was stated earlier about avoiding the wetlands, is moving the development footprint from here. And this really did not expand the development footprint to any great degree at all. It was just in the same footprint and there is no reduction in the open space that is provided by Ashville Park to the adjacent properties on smaller lots in Heritage Park,where there is no open space external to their lot.Their lot lines go right to the shared boundary line of our property. Karen Kwansy: So 16 lots were moved from Village E to Village C? Eddie Bourdon: And five were moved from Village B at 7,200 square lots into Village C at 13,500 minimum square lots in Village C. Karen Kwasny: Why were they moved from Village B? Eddie Bourdon: One reason was to add more open space to Village B. Village B is a little, as everyone who has been out there is a little bit more cramped or crowded,so hopefully that makes It better for Village B to have more open space in Village B and to placed them in Village C and have the lots be essentially twice as large. Karen Kwasny: Okay. I have one more question. So, in terms of it meeting the Transition Area Guidelines, can you articulate that for me? Eddie Bourdon:We meet the Guidelines because we have more than 50 percent open space. We meet the Guidelines because the houses are very expensive houses, and we have added the fencing that the new Comprehensive Plan requires in terms of the open south fencing. So,there is certainly not anything in the Ashville Park plan that is not going to be good with the Comprehensive Plan. In fact, it is a "poster child"for what the Transition Area calls for, and this doesn't change that one bit. When we did,when I was involved with Heritage Park, Heritage Park was the first one out of the gate, and the staff opposed it, because it didn't' have 50 percent open space. The open space,they got over that hurdle, because of Equi-Kids, but Equi-Kids is a great amenity. It is a fantastic amenity. But it pays for itself. It is not a part of Heritage Park. It is something that everybody gets a view of. It is a pretty facility, but it is not a part of Heritage Park. Ashville Park doesn't have that ability to have somebody else pay for the open space, and we're adding to the open space, but we're making the open space that is in these villages,that has to be maintained weekly, more economical to maintain than the passive areas,the trail areas that are outside the villages themselves. Karen Kwasny: So you are agreeable to have discussions with the residents from Heritage Park? Eddie Bourdon: We are willing to meet with the folks of Heritage Park and attempt to, in part, better information with that. There is absolutely nothing that is occurring here, and you know as well as anybody, if HomeFed was thinking about doing anything that was going to diminish the value of the homes of Ashville Park,we'd have a whole of folks down here making that point loudly, and we don't. Item#2 HOFD Ashville Park, L.L.C. Page 7 Because that is clearly not is what is occurring here. But we are more than happy to go and speak with the folks at Heritage Park between now and city Council. Karen Kwasny: Okay. Thank you. Eddie Bourdon: Thank you. Jeff Hodgson: Are there any more questions for Mr. Bourdon? Thank you. We will now close the public hearing and open it up for discussion amongst the Commissioners. Mike Inman: Mr. Hodgson, I would say from what I heard there has been a tremendous amount of cooperation between the developer and a number of residents or representatives of Ashville Park to try and ensure that the integrity of the design is generally is upheld,that there is not a significant change, and that there is a reason for the change that we have been given. Especially with regards to the wetlands creation that was unintended and not created by the current developer. So, I understand the concerns of the neighboring property owners, but all in all, and from what I've seen, and the presentations we've seen and the documents that have been provided to us,there is a reasonable basis for the change,and it's not a significant modification. So, I would be in favor of approving the application. Jeff Hodgson: Is there anybody else? Karen Kwasny: Can I make a comment? Jeff Hodgson: Sure. Karen Kwasny: I think it is understandable that the neighboring community is not happy about the reduction in lot size,and the increase in density to Village C,which borders many of their properties. But I think that the 200 plus existing residences in Ashville Park have come to an agreement with the developers. I think the benefit to the application is that the large lots still border Heritage Park, and the lots that comprise Village E are now larger and address some environmental concerns on the edge of the property bordering Back Bay. I also know that in talking with the residents that a number of negotiated proffers were worked out with the developer,and there is a new kind of generation of trust developing between them, and I think that is a very good thing. And so perhaps this may be the last time we see HomeFed here for changes that would be nice, I'm sure,for all involved. And I think that the work they are doing together blends well. For this reason, I encourage further discussion, but for those reasons that I've put out, I recommend that we recommend approval of the Modification of Proffers. I would like to make a motion that we do so. Jeff Hodgson: A motion made by Commissioner Kwasny. Is there a second? Mike Inman: I'll second it. Jeff Hodgson: A second made by Commissioner Inman. Item#2 HOFD Ashville Park, L.L.C. Page 8 Stephen White: Mr. Chairman, does that motion include the two items that Mr. Bourdon spoke to about the additions to the Manual? Karen Kwasny: Yes. It includes those additions.The architectural guidelines. Stephen White: Okay.Thank you. Jeff Hodgson:Okay, I believe we are ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission has approved the application of HOFD Ashville Park, L.L.C. Jeff Hodgson: Thank you. II c.,1IA•BE4 "��W ;�? CITY OF VIRGINIA BEACH 0- , , , INTER-OFFICE CORRESPONDENCE y 1 -_, a of :gym'"`+,,., 'n i c;•. Pts,' '``�''' OF. 0-::-N10‘°'''' IIR NP1‘ONS In Reply Refer To Our File No. DF-9247 DATE: April 13, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson\\ DEPT: City Attorney RE: Conditional Zoning Application; HOFD Ashville Park, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 21, 2015. I have reviewed the subject proffer agreement, dated December 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 HOFD ASHVILLE PARK, LLC, a Delaware 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 December, 2014, by and between HOFD ASHVILLE PARK, L.L.C., a Delaware limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those four (4) parcels of land located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 277.685 acres, designated PARCELS "A", "B", "C" and "D" as described in Exhibit "A" attached hereto and incorporated herein by this reference which parcels are hereinafter referred to as the "Property"; and WHEREAS, the Grantor has requested Grantee to permit this modification of(a) the previously Proffered Covenants, Restrictions and Conditions dated March 1, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 200505120072090 (hereinafter "2005 Proffers"); and (b) the First Amendment to Proffered Covenants, Restrictions and Conditions dated September 1, 2011 and recorded in the afore referenced Clerk's Office as Instrument Number 20120222000196130 (hereinafter "2011 Proffers), to reflect an amendment applicable to the land use plan on the property; and GPIN: 2413-47-3302 (Parcel "A") 2413-47-6457 (Parcel "B") 2413-55-8602 (Parcel "C") 2416-15-9815 (Parcel "D") 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, it is the Grantor's intent to reaffirm all of the covenants, restrictions and conditions set forth in Proffers numbered 2, 4, 6, 8, 9, 10, 15, 16, 17, 20, 23, 26, 27, 28, 29, 31, 32, 34, 35 and 36 as set forth in the 2005 Proffers and Proffers numbered 11, 18 and 30 as set forth in the 2011 Proffers and to apply these reaffirmed Proffers to the Property; and WHEREAS, it is the Grantor's intent to modify the covenants, restrictions and conditions set forth in Proffers numbered 1, 3, 7, 12, 13, 14, 21, 22, 24, 25 and 33 as set forth in the 2005 Proffers and Proffer number 19 as set forth in the 2011 Proffers and to apply these modified Proffers to the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2005 and 2011 Proffers 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: 2 1. Proffer numbered 1 as set forth in the 2005 Proffers is deleted (as it pertains to the "Property") and the following covenant, restriction and condition is proffered in its place: 1. The Property, which includes a portion of Village "B" and all of Villages "C", "D" and "E", shall be developed substantially as shown on the Exhibit designated "Ashville Park" "Master Plan", dated December 19, 2014, prepared by LSG Landscape Architecture Inc., which is contained as page 1 of the 16 page "Ashville Park" development manual, a copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan" and "Manual"). 2. Proffer numbered 3 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. A second entrance to the Property shall be located at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the exhibit entitled, "COMMUNITY ENTRANCES", "Flanagans Lane" dated 12/19/2014, prepared by LSG Landscape Architecture Inc., a copy of which is at page 5 of the Manual. 3. 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. The internal streets within Villages "C", "D" and "E" as depicted on the Master Plan shall be designed and constructed in accordance with the exhibit entitled, "Typical Sections" dated 12/19/2014, prepared by LSG Landscape Architecture Inc., a copy of which is at page 10 of the Manual. 4. Proffered numbered 12 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 12. The total number of units developed in Village B shall not exceed 164. All such units in Village B shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. 5. Proffer numbered 13 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 13. Villages "A", "C", "D" and "E" shall be developed substantially as depicted on the Master Plan. The total number of units developed in 3 Village "A" shall not exceed 135. The total number of units developed in Village "C" shall not exceed 116. The total number of units developed in Village "D" shall not exceed 44. The total number of units developed in Village "E" shall not exceed 40. All units shall be single family detached dwellings within these Villages. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. 6. Proffer numbered 14 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 14. Those portions of the linear parks that are created by easement upon a portion of a residential lot shall be maintained by the residential lot's owner. The cost reduction to the Association resulting from the elimination of this line item/expense will be immediately reflected in monthly homeowner assessments. All other park areas and open space areas shall be maintained by the Home Owners Association. No structures shall be allowed within the parks other than uniform fencing, storm drainage improvements, other uniform decorative features and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the Home Owners Association. 7. Proffer numbered 19 as set forth in the 2011 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 19. The community amenities depicted on the Master Plan between Village "A" and Village "C" shall be substantially similar in quality, design, size and architectural character to the two (2) exhibits entitled "COMMUNITY AMENITIES" (1) Recreational Activity Center, and (2) Clubhouse Elevations dated 12/19/2014, prepared by LSG Landscape Architecture Inc, copies of which are at pages 6 and 7 of the Manual. The Recreational Activity Center shall include a Clubhouse (minimum 3,400 square feet), Drop-off, Sun Deck, Swimming Pool (minimum 3,400 square feet), Lake, Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot (35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village C, D or E. 4 8. Proffer numbered 21 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 21. No portion of the Property that was delineated as a jurisdictional wetland by the U.S. Army Corp of Engineers prior to the commencement of development of Ashville Park shall be disturbed. Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S. Army Corp of Engineers shall be allowed as permitted by State Department of Environmental Quality and the U.S. Army Corp of Engineers. 9. Proffer numbered 22 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 22. The combined areas set aside for recreation and open space within Ashville Park shall not be below 54% of the 452.8 gross acres which comprise Ashville Park as depicted on the Master Plan. The different types and acreages of open spaces provided shall be substantially as specified on the Master Plan. 10. Proffer numbered 24 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 24. Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian accessibility within each Village, and pedestrian and bike connections between each Village and to adjacent properties substantially as shown on the Master Plan and the exhibits entitled, "Village Plans" dated 12/19/2014, prepared by LSG Landscape Architecture Inc. copies of which are at pages 2 and 3 of the Manual. The path system within the Village Greens, the Parks and other open space areas shall be finished in hard surfaces such as asphalt or compacted clay. While not all portions of the trail system within Ashville Park will be open to the public, a continuous trail system from Princess Anne Road to Flanagans Lane that will be open to the public either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right of way section between Princess Anne Road and Flanagans Lane. 11. Proffer numbered 25 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 5 25. Grantor shall construct a Multipurpose/Equestrian Trail substantially as depicted on the Master Plan and the Village Plans Exhibits in the Manual. The Multipurpose/Equestrian Trail shall be approximately 8 feet in width, constructed of compacted earthen material, compacted clays or similar compacted material substantially in accordance with the "Typical Trail Section" as depicted on the exhibit entitled, "Typical Sections" at page 10 of the Manual. The Multipurpose/Equestrian Trail shall be open to the public. 12. Proffer numbered 33 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 33. The dimensional requirements applicable to residential development of the Villages in Ashville Park except Village "B" shall be as follows: (a) Village "A" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 50 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear park (easement) 15'from edge of sidewalk x. Maximum building height in feet 42 (b) Village "C: i. Minimum Lot Area 45 Lots in Square Feet 18,000 ii. Minimum Lot Area 71 Lots in Square Feet 13,500 iii. Minimum Lot Width in Feet 90 iv. Minimum Front Yard Setbacks in Feet 3o v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback adjacent to a Street in Feet 20 vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on 6 Lots containing linear parks (easement) 15'from edge of sidewalk xi. Maximum building height in feet (not to exceed 2 stories) 40 (c) Village "D" i. Minimum Lot Area in Square Feet 12,000 ii. Minimum Lot Width in Feet 80 iii. Minimum Front Yard Setbacks in Feet 25 iv. Minimum Side Yard Setback in Feet 5 and 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 20 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet viii. Maximum Lot Coverage 40% ix. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk ix. Maximum building height in feet (not to exceed 2 stories) 40 (d) Village "E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setbacks in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 13. Except as expressly modified by the replacement of the twelve (12) new Proffers set forth herein, the remaining twenty-four (24) proffered covenants, restrictions and conditions as set forth in the 2005 Proffers as previously modified in the 2011 Proffers are hereby ratified, affirmed and applicable to the Property. 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 7 in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 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. 8 WITNESS the following signature and seal: Grantor: HOFD Ashville Park, LLC, a Delaware limited liability company By: HomeFed Corporation, a Delaware Corporation, Its Manager By: 7c4 7) (SEAL) Erin N. Ru e,Vice President STATE OF CALIFORNIA CITY/COUNTY OF 54bLI I er , to-wit: The foregoing instrument was acknowledged before me this 31 day of -er- b , 2014 , by Erin N. R u h e, Vice President of HomeFed Corporation, a Delaware Corporation, Manager of HOFD Ashville Park, LLC, a Delaware limited liability company, Grantor. 'kJ/too:4 aAtk. a Notary Publi /, My Commission Expires: 1/- a- (R011-7 Notary Registration Number: a U'/77Q 5 ,�:.o TRISTAN CLARK MANOFF . @Commission #2047725 ��� Notary Public-California z U1/4t,,,,-49 San Diego County 7_ __: Mz Comm. Exeires Nov 2,2017 E 9 EXHIBIT "A" PARCEL A That certain piece or parcel of land,belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-6-A-1, 19.906 AC." as shown on that certain plat entitled, "SUBDIVISION OF RESIDUAL PARCEL A-6-A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated March 20, 2014, made by MSA, P.C. and recorded as Instrument Number 20140530000476070. GPIN: 2413-47-3302 PARCEL B That certain piece or parcel of land,belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-6-A-2, 114.384 AC." as shown on that certain plat entitled, "SUBDIVISION OF RESIDUAL PARCEL A-6-A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated March 20, 2014, made by MSA, P.C. and recorded as Instrument Number 20140530000476070. GPIN: 2413-47-6457 PARCEL C That certain piece or parcel of land,belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-7-A-3" as shown on that certain plat entitled, "SUBDIVISION OF RANIER VILLAGE, PHASE 2A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated July 2, 2014, made by MSA, P.C. and recorded as Instrument Number 20141015000977470. GPIN: 2413-55-8602 PARCEL D That certain piece or parcel of land,belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-7-A-4" as shown on that certain plat entitled, "SUBDIVISION OF RANIER VILLAGE, PHASE 2A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated July 2, 2014, made by MSA, P.C. and recorded as Instrument Number 20141015000977470. GPIN: 2416-15-9815 H:\AM\Mod of Proffers\HOFD Ashville Park\2oi5\2nd Amendment to Proffers_clean 2-18-15.doc 10 { • .// -6 -. ,y----/ (...) ,„ i 0 (C:C,,,,‘„,',...r RI 04 1.0 / /I LI 444) a Ce4''•:1 1--. 0 // a Et lie .Pill /It / PIO wZ +. / /lir/C.4 jtj- ------ 130 CRP) ,N\i/ ss,,,. . . --7-j ---:(:-.*" allt% , , o�, //'''Il..1, , / � • a, m ;.►` ''''741(1/1'/) ‘wile-141:14:/'4)''' t/, / W44_ Kb \ / ' . \( / 's°1%, \ 1� ,,�. O f-� .� 2 t � �r�, _ „,,,4. , a , 7.--- . J 4 I /I77.\\. -.\,,N.,/ - 1 ,-,.,.../ i 7 „.... \ \ -,--_ ,,, , .,..,- ., ., ,,, \ le9 _ , , 0,464 1 .,:, 09” / .. w \v--- Rfre __. -----, / ..._ Q441., b / i U `� O 0. C.:1197. ,,,..„72 c42 i.A.,....--c-4.\ \ '',7 / / w // 3 �s���rrr�```HM ,x'7 ��,sem. � - ) Lv vJ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: G & A PROPERTIES, LLC (Applicant/Owner), Conditional Use Permit (Auto Repair). 590 Baker Road (GPIN 1468302759). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: April 21, 2015 • Background: The applicant requests a Conditional Use Permit for Automobile Repair. The site is zoned B-2 Community Business District, which allows automobile repair as a Conditional Use Permit. The site is currently developed with a 1,500 square foot single-story masonry building. The building is currently vacant, but has been used previously as a car wash and for automotive repair. A 20-foot wide drive aisle allows vehicular access to the back. A barbed-wire fence is located along the side and rear lot lines as well as across the drive aisle to enclose the rear of the site. The building has two garage doors and one pedestrian entrance on both the front and rear facades. • Considerations: Customers will drive to the rear of the lot to drop-off their vehicle for repairs, and enter the building from the rear. When customers return to pick-up their vehicle, they will use the front pedestrian entrance. Four employees will operate the business between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. No changes are proposed for the exterior of the existing building. The barbed- wire portion of the fencing will be removed. The remaining chain-link wire portion of the fencing will remain. Evergreen plants will be installed along the fence for screening purposes. The applicant proposes to keep the existing signage, modifying the face of the signs for the new auto repair facility. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. i G &A PROPERTIES Page 2of2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. No barbed wire fencing shall be used in conjunction with the requested use. Barbed wire currently installed on any fencing on the site shall be removed. 2. Evergreen plants branching to the ground and reaching a minimum height of six feet (6') at maturity shall be installed adjacent to the existing fence. 3. All vehicular repairs shall take place within the existing building. 4. No Motor Vehicle Sales or Bulk Storage shall occur on the site. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All signs shall comply with the current requirements of the City Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency\&S : Planning Department City Manager: KEtaviLLE I 0 +•�,c'-� G&A Properties,L.L.C. �o roses Al2 B2 R7.5 March 11, 2015 Public Hearing <4 \, 191144p 4. APPLICANT & PROPERTY OWNER: Res PROPERTIES, j 62 ,, L.L.C. ass t F1r4040 A24*'%% ,. B2 M8 , •z.wiM.in C..ew..v,sr..,Op.Sp...rt...r.. CUP•Automobile Repair Garage STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Automobile Repair Garage) ADDRESS/DESCRIPTION: 590 Baker Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14683027590000 KEMPSVILLE 20,300 square feet Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant would like to use the site for Automobile Repair. The site is zoned B-2 Business District. Within the B-2 District, Automobile Repair requires a Conditional Use Permit. The site has been developed with a 1,500 square foot single-story masonry building. While the building is currently vacant, it has been used previously as a car wash and for automotive repair. A 20-foot wide drive aisle allows vehicular access to the back. A barbed-wire fence is located along the side and rear lot lines as well as across the drive aisle to enclose the rear of the site. The building has two garage doors and one pedestrian entrance on both the front and rear facades. Customers drive to the rear of the lot to drop-off their vehicle for repairs, and enter the building from the rear. When customers return to pick-up their vehicle, they use the front pedestrian entrance. It is anticipated that four employees will operate the business between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. No changes are proposed to be made to the exterior of the existing building. The barbed-wire portion of the fencing will be removed. The remaining wire portion of the fencing will remain. Evergreen plants will G&A PROPERTIES Agenda Item 10 Page 1 be installed along the fence for screening purposes. The applicant proposes to keep the existing signage, modifying the face of the signs to represent the new auto repair facility. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant car wash facility SURROUNDING LAND North: • Storage Trailers/ B-2 Community Business District USE AND ZONING: South: • Baker Road • Shopping Center/ B-2 Community Business District East: • Architectural Warehouse Supply/ 1-1 Light Industrial District West: • Title loan service/B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road is a two-lane collector road with a right-of-way width of 66 feet. The Master Transportation Plan recommends a two-lane minor collector with an ultimate right-of-way width of 70 feet. Newtown Road is a four-lane minor suburban arterial, with a varying right-of-way width from approximately 95 feet to 130 feet. The Master Transportation Plan recommends a six-lane major arterial with an ultimate right-of-way of 150 feet. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Baker Road 4,448 ADT ' 9,900 ADT '(LOS 4"D") 2 Existing Land Use -0 ADT Newtown Road 39,140 ADT 1 30,600 ADT '(LOS 4"D") Proposed Land Use 3-35 ADT G&APROPERES 'Agenda itO 10 Rabe 2 'Average Daily Trips 2 as defined by a vacant commercial site 3 as defined by a use of Automobile Care Center(Repair)with 4 employees a LOS=Level of Service • • EVALUATION AND RECOMMENDATION The site is surrounded by compatible land uses including a warehouse supply establishment, a vacant commercial building, drive-through restaurants, and a large-scale strip shopping center. Additionally, the subject site was previously occupied by similar uses such as an automobile service facility, named "Grease Monkey,"and a car wash. The requested use is generally consistent with the Comprehensive Plan's recommendations pertaining to land use; however, to ensure greater consistency with the Plan's recommendations pertaining to design, Staff is recommending a condition requiring the applicant to comply with the current Zoning Ordinance regulations for signs. Based on the above, Staff recommends approval of this request with the conditions below. • CONDITIONS 1. No barbed wire fencing shall be used in conjunction with the requested use. Barbed wire currently installed on any fencing on the site shall be removed. 2. Evergreen plants branching to the ground and reaching a minimum height of six feet(6') at maturity shall be installed adjacent to the existing fence. 3. All vehicular repairs shall take place within the existing building. 4. No Motor Vehicle Sales or Bulk Storage shall occur on the site. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All signs shall comply with the current requirements of the City Zoning Ordinance. G&A;PROPER: ES Agenda It rA° 10 Pa 3 NOTE:Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. G&APROPER IES Agenda Iter 10 Page 4 I W E <Z co, a v s 4/ r � V V C� i� Sr . NV 4aft . 011 ._ j • IA 'Q' j I Ve • 41tti -'• O :4, �� \".,.�. *:gi. •� O !2 4' ) 4 . O ' . ,. v s t l c a �j r./i J \\s tom 111 `\`i !. 4 s f / t Q itik ' b it714# • s • • 0i y. s A AERIAL OF SITE LOCATION G&A PROPERTIES Agenda Item 10 Page 5 LI A It _ - i o g el • s ,, Hdll 6 § Ja A t < p, g5 It $01 "-'4'.61t; li 011 X nr-4;'iIi < 2 il :%14f141f1 Ia+a.ruen+ ,ti 11 g w 2 0 14 / , A >, t. , .. , , , .,:_.) 7 , .z 4' 47 i 11110)' '61 , / \ / „4. / A. •\ 3 i 1 , , \ 4, \ b . $ . uOI �a y r �O r J44. jl ♦ 41. 4, ' \ fp •1'1 /,IP (�y�i/. \ ••�� / ��° mo, - / ,4 4 J4. / ti° b 119'i k(14, '1.4* V.' 11 i;l: '$ a#; # - i "I,.',' velet q4 aE/, ; gg jl;=YF g �s / i ilk n 'Po 4� : f SITE SURVEY G&A PROPERTIES Agenda Item 10 Page 6 I KEMPSVILLE Map C-6 G & A Properties, L.L.C. ,,,,.,_;ic 4,4 13 CO . 0 *I +4, B2 / / 44 44, 2 ` ,` . BgkR� // '' t2'II r2 RO4 p_ -- A'24 `04,..„ �� kg it / // I , �� j 2 B2 j � 40 a., i ,� ,� •Zoning with Conditions/Proffers,Open Space Promotion CUP-Automobile Repair Garage ZONING HISTORY # DATE REQUEST ACTION 1 02/12/2013 Change of Zoning (Conditional A-36 to Conditional A-24) Approved 2 01/20/2015 Change of Zoning (B-2 &A-18 to Conditional B-4) Approved 05/11/2010 Conditional Use Permit (religious use) Approved 08/14/2007 Conditional Use Permit (religious facility) Approved 04/10/2007 Conditional Use Permit (vocational school) Approved 07/11/2006 Conditional Use Permit (church) Approved 01/11/2005 Conditional Use Permit (mini-storage) Approved 07/13/2004 Conditional Use Permit (church with childcare facility) Approved 05/13/2003 Conditional Use Permit (church) Approved 3 06/12/2007 Conditional Use Permit (car wash) Approved 4 10/24/2000 Conditional Use Permit(senior and disabled housing) Approved 5 02/01/2000 Conditional Use Permit(motor vehicle rentals) Approved 6 02/27/2001 Conditional Use Permit(mini-storage) Approved 7 09/11/2007 Subdivision Variance Approved G&A PROPERTIES Agenda Item 10 Page 7 II I I APPLICANT DISCLOSURE I If the applicant is a corporation, partnership firm business or other unincorporated organization, complete the following: J 1 List the applicant name followed by the names of all officers, members. trustees, partners, etc below: (Attach list if necessary) G & A Properties. LLC: George Loizau; Andreas Loizou, Members I 2. List all businesses that have a parent-subsidiary' or affiliated business entity? I relationship with the applicant: (Attach last,f necessary) I Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. j PROPERTY OWNER DISCLOSURE Complete this section only rf property owrrer,s different from applicant. I If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the followiiig- 1 List the property owner name followed by the names of all officers members, trustees, partners, etc. below: (Attach list if necessary) _ I 2 List all businesses that have a parent-subsidiary' or affiliated business entit? relationship with the applicant: (Attach list rf rxecessary) 0 Check here if the property owner is NOTa corporation, partnership, firm, business, or other unincorporated organization. ' & ' See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the I subject land? Yes II No I If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT G&A PROPERTIES Agenda Item 10 Page 8 1 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect t 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) Martin Engineering I ' Katsias Company Judy Boone Really . 1 Sykes, Bourdon, Ahem & Levy, P.C. I • "Parent-subsidiary relationship' mean "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' SOO State and Local Government Conflict of Interests Act,Va Code § 2.2-3101. ' 'Affiliated business entity relationship' means"a relationship.ether than parent- ( sttt�srdiary relationship,that exists when (i}ore business entity has a controlling ownership I interest in tate other business entity_ Olt a controlling owner in one entity is also a controlling I ' owner in the other entity, or(w)there is shared management or control between the business entities. Factors that should be cnnsrdered in determining the existence of art affibated lbusiness entity retataonship 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. 1 CERTIFICATION: i certify that the infcrrroticri contained herein Is true and acct.rate. I understand thatupon receipt tat notification(postcard;that the application has been scheduled far ' public hearing I am responsible for obtatn,ng and posting the required xis ion the subffecl property at least 3J days prior to the sthoduted public hung accordeg to the instructions it this package. the I undersigned also consents to entry upun the subject property by ernptayees of the Department or I r'i r ing in photograph and view the lith•for purpero5 of pronorrirg and evaluating tl?ric aooli at:n. tom+^ ‘.--4----:—..' ' .------ 1 r%r4t)PCP LC :-2 ,-;-A. IAript eon]_. Srch3ti'e - Prat Name Praprrty Owners Signature lit difterer;tha ar Iic.anI; Print Marie I l f DISCLOSURE STATEMENT G&A PROPERTIES Agenda Item 10 Page 9 EINANCIAI. DISCL,OS1JRE Applicant: C /St A Properties, LLC. Pix'pert).Owner: Same as Applicant What financial institution(s) [bank, credit union, mortgage company, etc..] is or will have a financial interest m this project? i. Source of financing for salelleose or purehasee of property-: (Bank) N/A 2 Real Estate Broker Jason I.nizoulKat as; Bob Principe/Judy Boone Realty 1.iertholder/Coilateral on the property: N/A 4. Si Olive of financing for project: NIA ,. If there have been any discussions with a financial institution with regard to loans to be secured to finance any aspect of this project, please provide the name of those institutions. N/A 6. Contract Purchaser. N/A Ongoing relationship with any financial institution: Monarch Bank FINANCIAL DISCLOSURE STATEMENT G&A PROPERTIES Agenda Item 10 Page 10 Item#10 G &A Properties, L.L.C. Conditional Use Permit 590 Baker Road District 2 Kempsville March 11, 2015 CONSENT An application of G &A Properties, L.L.C.for a Conditional Use Permit (Automobile Repair Garage) on property located at 590 Baker Road, District 2, Kempsville. GPIN: 14683027590000. CONDITIONS 1. No barbed wire fencing shall be used in conjunction with the requested use. Barbed wire currently installed on any fencing on the site shall be removed. 2. Evergreen plants branching to the ground and reaching a minimum height of six feet(6')at maturity shall be installed adjacent to the existing fence. 3. All vehicular repairs shall take place within the existing building. 4. No Motor Vehicle Sales or Bulk Storage shall occur on the site. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 6. All signs shall comply with the current requirements of the City Zoning Ordinance. A motion was made by Commissioner Rucinski and seconded by Commissioner Wall to approve item 10. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 10 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. i C O in l'i r Oceanto v I Ata- Iii ,--- ,,,..��'' '/ o ....0- o I / ///,/////:,--,".1 ,:feri.":4' i % i— // /// ./ • vi7r „ / ioolitt)lea iU 1- //a - ;-:,-/,/,' , ji%# yr ..0// 4,, ct t. W ' '' og ,. 'i -0041.- 1 - ,fir al• ee,01; -07 ,,, ,,11-4, A ‘ AgrivAr---;i'',47/Aa.;1/// -4?' -ACre 4704 0001.0.9:// i „ -- ,„,s, / Ire”' A.4,4\fir .44 lin-__ ',.-----",:- ' fel. ..ier' v. 7i-7-47 .0.r .-. 1/ " V,10, A-- '// 0 4 tl, ..4 . Am, t* .4,‘ 4/A / / ' k. rir! 7, )1;irr• , v Ago , ,,,,„e*-il).-ei,e .• 77_,...„_,-_-#.- ;43-. , _-_:.# , , v ,.., voglip r \ / , , , /' , al 211601011r /Pr 44:ir . fattiffi, /...-- w• U V "lir / '../4 - - ' Ab ,. '": E ;a. Ofili: Alt if*YOli14‘;lv a i"lt: ti tom` '^Vre e, , / ra. ., ' -si t ioviii. Till t_l \ ; an I1\lr4otii/ _ z , 'I\.ice j i 0?(51 m ' i E tr, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EAT THE STREETS 757 (Applicant) / MIKE STANDING FESTIVAL, LLC (Owner). Conditional Use Permit (Open Air Market & Outdoor Recreation/Entertainment). 712 Atlantic Avenue (GPIN 2427235940). COUNCIL DISTRICT— BEACH MEETING DATE: April 21, 2015 • Background: The applicant is requesting a Conditional Use Permit (CUP) for Open Air Market and Outdoor Recreation/Entertainment to allow use of the site as a "Hub" for local food trucks and small vendors or artists. The CUP for the Open Air Market will allow for goods to be sold from food trucks and small tents or stands on site. The CUP for the Outdoor Recreation/Entertainment will allow the applicant to also provide acoustic and amplified music on site. • Considerations: The applicant will be leasing the property from the owner and subletting Open Air Market "spaces" to interested food truck operators, and small scale local artists and vendors. Separate from the food trucks, beer, wine, and food will be sold from a structure located on the site. The proposed use will operate Wednesday through Sunday between the hours of 12:00 noon and 12:00 midnight. The food trucks will not be kept on site during the days the proposed use is not operating. Food truck operators may choose to leave the truck/trailer on site overnight when they are operating the next day. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following conditions: 1. The Conditional Use Permits for an Open Air Market and Outdoor Entertainment will be void one (1) year after the approval date of these Use Permits by the City Council. 11 1 11 I EAT THE STREETS 757 Page 3of3 equal to or greater than 60 miles per hour are expected. 13.AII applicable requirements of the Health Department shall be adhered to at all times. • 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 Departmently' City Manager. 031301:r(1t, I' BEACH w NI-8 EAT THE STREETS 757 11 ' April 8, 2015 Public Hearing •ICAVE S . % APPLICANT: W -,-\'4-=;," \ \ Sub 1, e,, EAT THE r, asqr.,..1.Atil ro \ �� STREETS 757 a„ \ ,, PROPERTY OWNER: '`N v v 1\, MIKE STANDING •z..wn ra c..aa...a r s.co.sr..v,e..noe t.CUP for Open Air Market 2.CUP for Outdoor Recreation STAFF PLANNER: Kristine Gay REQUESTS: 1. Alternative Compliance to the Oceanfront Resort District Form-Based Code 2. Conditional Use Permit for Open Air Market and Outdoor Entertainment ADDRESS/DESCRIPTION: 712 Atlantic Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24272359400000 BEACH 39,537 square feet 65-70 dB DNL Sub Area 1 4 • BACKGROUND REQUEST: The applicant is requesting a Conditional Use Permit(CUP)for Open Air Market and Outdoor Entertainment to allow use of the site as a"Hub"for local food trucks and small vendors or artists. The CUP for the Open Air Market will allow for goods to be sold from food trucks and small tents or stands on site. The CUP for the Outdoor Entertainment will allow the applicant to also provide acoustic and amplified music on site. [NOTE—During the review of these applications, it was determined that there is no need for an application for Alternative Compliance, as the use occurs in movable vehicles that are not permanently attached to the ground. Accordingly, the following consists of a review and evaluation of a Conditional Use Permit only.] SITE: The site is located between Pacific Avenue and Atlantic Avenue at the 800th block. As shown on the aerial, there is approximately 3,600 square feet of paved open space located between a 9,293 square foot one-story masonry building and 7,300 square feet of turf and landscaped open space. On the western portion of the site, there is a 1,963 square foot two-story masonry building, 1,500 square foot EAT THE STREETS 757 Agenda Item 11 Page 1 fenced in storage area, and an enclosed dumpster. This half of the site is currently used for private parking and is unpaved. To the north of the site but located within the subject parcel is a closed portion of the right-of-way of 8th Street. The subject site is accessed by vehicles from Atlantic Avenue by use of this closed portion of right-of-way. PROPOSED USE: The applicant is proposing to use the site as an Open Air Market that will primarily accommodate food trucks but also local artists and vendors. The applicant will be leasing the property from the owner and subletting Open Air Market"spaces"to interested food truck operators, and small scale local artists and vendors. Separate from the food trucks, beer, wine, and food will be sold from a structure located on the site. The proposed use will operate Wednesday through Sunday between the hours of 12:00 noon and 12:00 midnight. The food trucks will not be kept on site during the days the proposed use is not operating. Food truck operators may choose to leave the truck/trailer on site overnight when they are operating the next day. As shown on the conceptual site plan exhibit, a total of 6 trucks and trailers are capable of comfortably fitting on the site. A standard food truck is 8'x 22' in dimension; a standard food trailer may be as small as 7' x 6' in dimension. The applicant would like to use a pre-designed cabana-like structure to serve beer and food, and use trellises and existing landscaping to define certain seating areas and provide shade. Concrete tables and seating is currently available on the site; additional movable tables and chairs will be added. Six existing light posts and string lighting will be used as well as lower ancillary lighting per vendor. Ancillary to the primary proposed use, the applicant would like to provide acoustic or amplified music from a small stage, and space for ancillary recreation such as corn-hole. 4 DETAILS OF PROPOSAL For fire safety reasons, there will be a minimum of three feet between each of the food trucks/trailers. Each truck/trailer will have their own Virginia Beach business license, certificate of insurance, completed fire inspection, and health permit. Additionally, the trucks/trailers will be covered as a general liability under a contract with the applicant. Being that the applicant will be technically subletting small portions of the site as well as selling food, beer, and wine on site, the applicant's City of Virginia Beach business license will be for Real Estate Management as well as a Bar and Restaurant. The Virginia Alcohol Beverage Control (ABC)considers the proposed use a restaurant that sells wine and beer'on premise.' To meet ABC requirements, a minimum of$2000 worth of food must be sold from the structure that is selling the beer and wine, each month (shown as 'Beer Structure' on plan on page 8). The food sold from food trucks does not count towards meeting this ABC requirement. The existing picket fence and buildings will surround the proposed use entirely, further meeting ABC requirements. There are three bathrooms located inside the existing one-story masonry building that will be made available for the proposed use. Should these bathrooms become unavailable, the applicant will apply for a Special Event Permit to allow the temporary use of portable restrooms on site. No parking is required for the proposed use. The Oceanfront Resort District(ORD) Form-Based Code (FBC)Section 6.2.2 does not require any parking for office, retail, mixed-use, or restaurant uses east of EAT THE STREETS 757 Agenda Item 11 Page 2 Pacific Avenue. Vendors will not be provided parking and will instead rely on the public parking structure to the north or commercial parking lots. 'Sandwich Board' signage and small menu signs will be used by each food truck/trailer or vendor. These signs will only face the interior of the lot and will not be counted as part of the site's total sign allowance. The applicant will be using the existing free-standing sign at the northwest corner of the site. This sign does not meet the signage requirements of the FBC. The proposed cabana-like structure will have a wall sign that will meet the signage requirements of the FBC. The applicant has met with the City Permits and Inspections Administrator regarding the requirements of minor and temporary structures. The applicant will be keeping the height of the stage below 24-inches to avoid the need for guard rails as well as ensuring all structures can withstand wind loads of 110 miles per hour. Additionally, the applicant will follow standard City operation by ensuring that all temporary structures and furniture are appropriately disassembled or removed when winds greater than 60 miles per hour are predicted. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Resort Commercial; Wedding Venue/OR Oceanfront Resort District SURROUNDING LAND North: • Closed right-of-way, private surface parking USE AND ZONING: • Parking Structure/OR Oceanfront Resort District South: • Commercial /OR Oceanfront Resort District East: • Hotel/OR Oceanfront Resort District West: • Pacific Avenue/OR Oceanfront Resort District NATURAL RESOURCE AND There do not appear to be any significant cultural or environmental CULTURAL FEATURES: features on the site. COMPREHENSIVE PLAN: The site is located in the Oceanfront Resort Strategic Growth Area (SGA). Land use is regulated by the Oceanfront Resort District Form-Based Code(FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan(RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. The Shopping 2 Street Frontage type allows for mixed-use and walkability, but does not require the shopfront building element. • EVALUATION AND RECOMMENDATION The applicant desires to use the site as a"hub"for food trucks and small local vendors and artists. The proposed use will additionally include amplified and acoustic music. The site is zoned OR Oceanfront Resort District; within this District, each of the proposed uses requires a Conditional Use Permit: 'Outdoor EAT THE STREETS 757 Agenda Item 11 Page 3 Entertainment'and 'Open Air Market.' Food, beer, and wine will be sold from a structure on site. This portion of the use is allowed by-right as an Eating and Drinking Establishment. The applicant understands this is an atypical use in the Oceanfront Resort SGA. The applicant is also aware of the desire of the Virginia Beach Restaurant Association's for a"food truck ordinance." For these reasons,the applicant has volunteered the addition of a condition that the proposed use be limited to one year(Condition 1). For the proposed use to continue after this one-year time limit, the applicant will need to apply for a Modification to Conditions. In an effort to ensure the frontage of the site remains integrated with the activity of the sidewalk environment, food trucks and vendors will not be located along the eastern lot line. Instead, the eastern portion of the site will be occupied by tables with seating or standing space, acoustic or amplified music, or games like corn hole. Condition 10 ensures that the level of noise produced by the subject use does not disturb surrounding land uses. The applicant will use the existing legally nonconforming sign structure for the one year duration of the use.After the one year time limit,the sign will need to be removed, and it cannot be used in conjunction with any use that takes place on the subject site thereafter(Condition 6). Being that the use is temporary, and that the way in which the site is organized will most likely change depending on the level of interest of customers, Condition 3 requires that the materials, landscaping, lighting, and structures substantially follow the Design Guidelines included near the end of this report. This condition is intended to provide a general understanding of the quality of materials and design that should be used and to allow the applicant flexibility to adjust the layout as needed. Specific requirements including the use of existing landscaping, fencing, and lighting is covered in Condition 2. For the reasons listed above, as well as well as the general consistency of the request with the Comprehensive Plan, Staff recommends approval of Conditional Use Permits for an Open Air Market and Outdoor Entertainment, subject to the conditions below: 4 • CONDITIONS 1. The Conditional Use Permits for an Open Air Market and Outdoor Entertainment will be void one (1)year after the approval date of these Use Permits by the City Council. 2. The use and improvement of the site shall substantially conform to the"Conceptual Site Plan Exhibit, 712 Atlantic Avenue,"which has been exhibited to the City Council as page 8 of the Staff Report. 3. No food trucks shall be located parallel to Atlantic Avenue within 50 feet of the eastern lot line. 4. The use, materials, and improvements made to the site shall substantially follow the"Open Air Market Design Guidelines, 712 Atlantic Avenue,"which have been exhibited to the City Council as pages 11 through 13 of the Staff Report. 5. The use shall not be in operation between 11:00 p.m. and 8:00 a.m. 6. A written agreement shall be submitted to the City of Virginia Beach Planning Department/ EAT THE STREETS 757 Agenda Item 11 Page 4 Permits and Inspections Division pertaining to the availability of restrooms on site. The use may not operate without providing restroom facilities. 7. The existing free-standing sign at the northeastern corner of the site does not meet the signage requirements of the Oceanfront Resort District Form-Based Code. Accordingly, said sign shall be removed within one(1)year of the approval date of these Use Permits by the City Council. 8. No merchandise, produce, or food shall be displayed or sold along the street frontage or outside of the existing fenced-in area covered by this Conditional Use Permit. 9. There shall be no less than one(1)trash receptacle per one thousand (1,000)feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 10. Merchandise, stalls, or other materials shall not be stored outdoors when the use is not open for business. 11. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 12. In accordance with the Building Code, all temporary structures and furniture will be appropriately disassembled or removed when winds equal to or greater than 60 miles per hour are expected. 13. All applicable requirements of the Health Department shall be adhered to at all times. 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. EAT THE STREETS 757 Agenda Item 11 Page 5 4, ' : . . _ . . . , ..... . . ,..._ F4 . •. .. .. 4 - 133211S ,4PL '_. 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'%, s ASF CONCEPTUAL SITE PLAN EXHIBIT (Condition #2) EAT THE STREETS 757 Agenda Item 11 Page 8 ' I d +_ - fte*****IiittNrIlL 'al ft" MIR _ v iSA''. w • �r - DESIGN OF PROPOSED TEMPORARY BEER STRUCTURE EAT THE STREETS 757 Agenda Item 11 Page 9 - ,-. ...„_. . 4-.•,.:* - • , I' I ..• , ., ..,, _ Lk... ,_,,,_' . aloi '.. , ______- - 0 _ , Rd ,•11. 1, ./,ii il'el --i),(TA ',..„,, . e- a. 111),_,..0 .—itirtRY Ft.., dk• - , . . .., , r ),A.,-- f.a ., irjrri ..___ i,.... . . ..,.#. el i t ‘ *. 0 __ , . s • a , oe 4 1 - 1 1 - , A n - •Noovek Itirt' . , 1, t a 1`41114141LIT-•—• A , ! . 11 1,08= 1,13 v •TA. i. 1 * 1P*l. , . . . . , ,,..... r.... .„,„.. • . . 0.....e . ,. . • .. • — 75TO' 01 ' •\ 11\iti,.. -, 1 t . (..r.•!.' ,, ,- \ - Ar, a ilt 4 Or 'ts0 . 9 _ -... FOOD TRUCK PHOTOS EAT THE STREETS 757 Agenda Item 11 Page 10 1 OPEN AIR MARKET DESIGN GUIDELINES 712 ATLANTIC AVENUE 1 j r. - I © STRING LIGHTING 4 44 1 "- "� . ; if 1c , ' ` a INCORPORATING A 'r AN EXISTING BUILDINGS 'i. 're" 1 ; < tii . .m OPEN AND VERTICAL • _ ELEMENTS :'...!, k-+ .: , µ• . - O TALL OPAQUE WALLS s i .`' 1 • '1,,,,, SHOULD BE AVOIDED = 4 *"11-.--' ."' A MIXTURE OF ,� - • R• O STURDY HIGH-QUALITY • i ',/ MATERIALS i�7• , aiiik,f11 INCORPORATING O MATURE LANDSCAPING r •-s. .* - _•, ,ill , . 1_ 1. ,-�y 3 lk k`'''''''11%. LANDSCAPING AROUND POSTS Ali '•' '. �,. O 14s. 0 QUALITY FURNITURE MATERIALS ,� iff *.lit, ;: OPEN AIR MARKET DESIGN GUIDELINES I 712 ATLANTIC AVENUE ^k" USE OF STORAGE CONTAINERS ttiIS NOT APPROPRIATE FOR THIS ' ;` AREA OF THE RESORT DISTRICT flo 61� PALE IES ARE TYPICALLY NOT �.`. MADE OF HIGH QUALITY OR a`r TREATED MATERIAL AND SHOULD BE LIMITED 0 RESORT APPROPRIATE ". UMBRELLAS .rr - ar HEAVY,STURDY,AND © WOODEN FURNITURE .tor J }� rz USE OF RECYCLED �� SHIPPING MATERIALS • 1110IS NOT APPROPRIATE IN THIS AREA OF THE RESORT DISTRICT DESIGN GUIDELINES (Condition #3) EAT THE STREETS 757 Agenda Item 11 Page 12 { I OPEN AIR MARKET DESIGN GUIDELINES I 712 ATLANTIC AVENUE) " ' (/.d.") ADVERTISING ON ® FURNITURE t ,.y. i.,, mil '/j LACK OF VERTICAL f'" - ELEMENTS OR SHADE Alt AIT IF � tl�lis /� ADVERTISING _ .. -- ON TENTS ' . : 4. 641 1;141,ii';ApiliailL 1 ;;4 ID SEMI-TRANSPARENT BOUNDARIES Ir ...„ _,,,,., . I r.,..1 1 TRELLIS STRUCTURES 1 .arty c _ ' DESIGN GUIDELINES (Condition #3) EAT THE STREETS 757 Agenda Item 11 Page 13 1 11 1 BEACH Map M-8 EAT THE STREETS 757 M. to Scale N•T1417 , te1 �� * 1\8 \*Z.R,'`\*V\. IS, €111:s.).P(kk-4\11": ' . s \mk; \_\_ ''1:-.WAbb:'"4 NNW.' 8' '1** \ "e''' 1 t?`' ISO 1 6•n 1‘'515 \Ni A 0 ir...... ri,-0-4. I i ." 0 .0%* , ' -6 lit 00 Vox-- ig ii. u , . * 4.4 -.0:0 r• INS \ \ iqIiilt: r xv4.-.33 T...*4;-4.4N, \ . NN: . ' -040,A, 141 th.44‘‘ \ ‘__, ,, \p- \ : ‘,, ,..imp-- , Ili - ''''... , ., Vilk,141:4 \ I \'-. --) ) * 1111' ;.-41k '''' AI, lot Sk$" \ ': , ,\itchie � ov �t %*' `Zoning with Conditions/Proffers.Open Space Promotion 9. CUP for Open Air Market 2. CUP for Outdoor Recreation Alternative Compliance to Section 2.2 of the Oceanfront Form-Based Resort District ZONING HISTORY # DATE REQUEST ACTION 1 06/08/2004 Change to a Nonconforming Use Approved 2 05/14/1996 Street Closure , Approved 3 01/14/1997 Street Closure Approved 1 1 I EAT THE STREETS 757 Agenda Item 11 Page 14 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) In-i T i Sir 757- , 1 v><' u flc . oC>,_((1 ,:p ii ci CA_ 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) 'kkt , 51-olrl 6 r , _ _ U __, ______ 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. ' &2 See next page for footnotes /"- Does an official or em lloyee ofity of Virginia Beach have an interest in the subject land? Yes j No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT EAT THE STREETS 757 Agenda Item 11 Page 15 I II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 2.2-3101. 2 "Affiliated business entity relationship" means"a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard)that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. • Applicant's Signature Print Name Property Owns Signature i fferent than applicant) Print Name r - 41110•Mik, 411111111111111 DISCLOSURE STATEMENT EAT THE STREETS 757 Agenda Item 11 Page 16 Item #11 Eat the Streets 757 Conditional Use Permit 712 Atlantic Avenue District 6 Beach REGULAR Jeff Hodgson: Mr. Ripley, will you please call the next item? Ronald Ripley: The next item is item #11, Eat the Streets 757. It is an application of Eat the Streets 757 for a Conditional Use Permit for an Open Air Market and Outdoor Recreation, on the property located at 712 Atlantic Avenue, District 6, Beach. Jeff Hodgson: Is there a representative here for this application? Good afternoon. Cassandra Ayala: Hi. How are you? I am Cassandra Ayala, and I created Eat the Streets 757 about four years ago. Eat the Streets is a network of food trucks that believes in bringing a better quality product to the mobile food market. I should say that a majority of the trucks that are owned, are owned by chefs. The majority of us are Whole Foods approved. We worked directly with Whole Foods. We have partnerships with Sentara to bring healthy food, and we appeal to people of all ages. We have set up over the past couple of years, what you call, rodeos, in all the different cities, Chesapeake, Newport News, Virginia Beach, Norfolk, and working with the Department of Recreation in the cities themselves. What we really want to do is take that following we created, and bring it to one central location. And knowing that's been done successfully, in all different areas- it has been done in Texas, California, North Carolina, and Florida -we want to bring that here. We're from Virginia Beach, so; we want to base it in Virginia Beach. We have worked, over a year-and-a-half, two years putting this together, and working diligently with the people here at the City, going before the RAC, going before the Restaurant Association, the Hotel Association, and just really making sure that people understand what we are, and what we're doing. Gone are the roach coaches. We are looking to bring in artists, artisans, local talent, acoustic players, young people, older people, who are either done with their career, or anyone who wants to come out and get some exposure like young people who just want to get a hit song. It's an opportunity. We draw crowds of 1,000— 2,000 people at the Battlefield Hump Day Waterways, which is just a plot of land in Chesapeake. And it's everybody. They come after the soccer games. The whole soccer teams come. The Department of Recreation comes out. We really want to bring that here. And we feel that it is really going to be something that can fit right in with what's currently happening at the Beach. Not only during tourist season, but we think it is something that our fans from all those different areas will continue to come to, even off-season. It is a great place. People come with their children. People come with a date. People come by themselves. They ride their bikes. It is just an amazing opportunity to bring something new to the Beach, that I think, will add to it. Add to it rather than deter it. As you can see, we are an enclosed piece of property, Item#11 Eat the Streets 757 Page 2 and there are a couple of reasons for that. Number one, we want to make sure that we maintain the cleanliness that we want to maintain. We want to maintain any rowdiness that might be going on. We have been working directly with the Department of ABC, to put rules and regulations in place, because we are the first food truck park in the state of Virginia. So, as I said, this has been a year to six months in the works. We have really gone behind the scenes to make sure that we have done our homework,that we have really crossed our "T's" and dotted our "I's." We do plan on security at the location. We take alcohol very seriously. You will see there is no liquor on the property, nor do we care to have liquor. This is a family environment. We do plan on carrying craft beer, and as you heard earlier, wine is now pretty popular, Sangria. We do plan on having that in the mix as well. So, I hope that you can see this is a more of an outdoor market. We are working with Buy Fresh Buy Local. We started to Farm to Truck last year, and we hope to bring that out as well. There are just a lot of things adding to it. I do have a petition,just from some of our fans. We didn't have a lot of time; so, there are only about 1,000 signatures here. I don't know quite who to give it to. Jeff Hodgson: You can just start over there, and they will pass it around. Cassandra Ayala: Thank you so much. That is it. I do hope, if you do have any questions, I can answer them for you. I'll be happy to. I don't do this normally; so, I'm a little nervous, so you got to forgive me. Jeff Hodgson: You are doing well. I apologize. Is it Ms. Ayala? Cassandra Ayala: Ayala. Like the northern Ayala. Jeff Hodgson: I was close. Are there any questions? Ronald Ripley: I got a question. You mentioned how many people? Are you anticipating 1,000 to 2,000 people to fit on this piece of property? Cassandra Ayala: No. no. That is what I'm saying we draw when we go for like a six hour period in Norfolk, once every two weeks is when we go. Because we all do it sporadic, twice a month, that is how many people come out when we do that. This will keep that many people from having to come out to this point that we're saturated. This will be an all-day thing. This will be where people can come out and enjoy themselves, and have the same experience but not the crowds. Ronald Ripley: Where in Norfolk again is this? Cassandra Ayala: Well, we do it in Chesapeake at the Battlefield Waterways Historical Foundation. We also have worked up at Oyster Point with the Department of Recreation. We'll be doing it at Mount Trashmore this year. We also do it at MOCA, the Contemporary Arts Center, every 3rd Tuesday of the month. Item#11 Eat the Streets 757 Page 3 Ronald Ripley: But if you had 1,000 to 2,000 people show up, how would you manage that crowd? Cassandra Ayala: I expect them throughout the day, but we will also expect it to be closer to maybe 75 to 100 per hour versus everybody coming in at one time. Ronald Ripley: I just heard the 1,000 to 2,000. Cassandra Ayala:That is just a crowd we have that follow us. We're looking for a central location where they don't all have to come at one time and face that kind of crowd. Ronald Ripley: Okay. David Weiner: Is there a capacity that will turn people away? Cassandra Ayala: I am sure there will be. We have not yet spoken to the Fire Marshal. That is a step that will come in a very short period of time, like 20 to 25 days from this point on, but I am sure there will be a limit. We also have access to the festival hall, if necessary. We can open that up, but that is not something that we're not interested in. This time we really want to work with all the departments that have been working with us, do a trial run and see how it goes for the next couple of months. Let's see what needs to be tweaked. Let's see what works. Let's see what doesn't work. Jeff Hodgson: Are there any other questions? Thank you. We will give a chance to rebuttal. Cassandra Ayala: Thank you very much. Jeff Hodgson: Thank you. Ronald Ripley: We have one person in opposition, and that is Barron Kesser. Barron Kesser: Good afternoon. I'm Barron Kesser, I am a long time resident of Virginia Beach. Thank you Mr. Hodgson for the opportunity to object. I believe you have a letter of opposition from my wife that was circulated this morning. I live at 805 Atlantic Avenue, diagonally across the street from the proposed "Eat the Streets 757" project. Beer and wine sales are the economic engine that drives the music, the food trucks, the artists,the crafts, and will not promote a family, friendly beach. To add food trucks, more music, crafts, and artists from 12 noon until midnight, 12 hours a day, 5 days a week, 5 days and nights a week, is not consistent with the fabric of the area, and will devalue the ten condominiums, in which our owners have substantial investment. The bedrooms in our building overlook Atlantic Avenue, and will be subject to the noise pollution emanating from the project. We have live music at 7th Street stage from 5:00 to 10:00 pm on weeknights, and 11:00 pm on weekends. There is also live music at Waterman's on 5th Street, which has created noise pollution to the residents of Item#11 Eat the Streets 757 Page 4 Oceanside Condominium, and even after repeated attempts to muffle the sound. The South End has been saturated with entertainment. American Music Festival, Monster Truck Shows, volleyball tournaments, sandcastle contests, sand soccer tournaments, marathons, runs, and staged beach events. Food trucks, with their generators running to keep refrigeration, especially overnight, will cause noise and exhaust fumes. Outdoor food trucks, music stage, and beer and wine kiosks give the wrong impression and the wrong image to our area. The current Zoning Ordinance is clear, and protects us from undesirable activity like the ones proposed in this Conditional Use Permit, and I ask that you deny this request. Are there any questions? Jeff Hodgson: Are there any question for Ms. Kesser? Dee Oliver: I have a question. Dee Oliver: Do you mind using that pointer and showing us exactly where you reside? Barron Kesser: I live at the corner of 8th Street and the Oceanfront. (Pointing to screen). Dee Oliver: Thank you. Jeff Hodgson: Are there any other questions for Mr. Kesser? Ronald Ripley: I got a question. Barry, is there anything that can be done to part of the application that would make it more acceptable or compatible? Barron Kesser: Not that I can think of. We just don't think it is the right thing for that corner for that location. A retail store, restaurant, all of those things would be much more desirable, and I think, much more successful. According to her plan, she plans to put the food trucks as close to Atlantic Avenue as she can, about 50 foot off of Atlantic Avenue. And although there will only be two or three food trucks during the Wednesday, Thursday, or Friday time frame, she plans on having six or seven food trucks there during the weekend. The beer concession will be in this area, again, beer and wine, as close to Atlantic Avenue as she can, which is within 50 feet. The area to the rear, this back, would be the stage, with people in this area. Jeff Hodgson: Are there any other questions?Thank you Mr. Kesser. Barron Kesser: Thank you for your time. Jeff Hodgson: Are there any more speakers Mr. Ripley? Ronald Ripley: There are no other speakers. That is it. Jeff Hodgson: Ms. Ayala? Correct? Would you like a chance for rebuttal? Item#11 Eat the Streets 757 Page 5 Cassandra Ayala: Yes,thanks. I think, maybe, I can clear up some of that right now. Trucks will not be left there overnight, and we will have power, the majority of the trucks will be hooked up to power versus generator. I think, and I don't really know how to work this, if I can make it go back (trying to use laser to control PowerPoint)? Bob Thornton: That's just a pointer. Cassandra Ayala: Okay. You will see the layout, and it's actually in the book, in the presentation as well, Jeff Hodgson: He is going to change it for you in just a second. Cassandra Ayala: Thank you. Dee Oliver: Are all the trucks going to be hooked up to power? Cassandra Ayala: 90 percent of them. One or two have built in generators that can't be hooked up to power. The rest will be. If I can show you on this?This is the fence going around here that you see. I think,this gentleman feels we might be a little bit bigger than what we are. This over here, where the point is, is the back end of the parking lot, where the stage is going. It is a small stage. We're not planning on having Def Leppard or anything. We're planning on a lot of acoustic, maybe an 'open mic' night, that kind of thing. You will see that based on the layout, I believe it is a 5' x 8' stage, and beer and wine is right here, which is definitely over 50 feet. We've worked really, really diligently with everybody making sure that we have really met the needs that are required. The food trucks, as you can see, will have to start all the way back here, and they will not run parallel to Atlantic. They will run right along here (closed portion of 8th Street). And the majority of them will have direct hook-up to a power source. You will not be hearing that generator. The music that we have, I'm sure they will hear it, but I don't think it will be anywhere close to what you'll experience with the 6th Street stage, or with Waterman's, or with Chick's or with any other restaurant down there. We have done this for a long time. I know there are pictures. I don't know if they are on here. But there are pictures that actually show you of all the children, all the families that come out. You see the children? These are actually taken from our rodeos that we do. This is set up to be family friendly, and that is who we really attract. We attract people of all ages, children, adults, dates, singles, seniors, and you know, I think there is a little misconception. Here is better picture, over here, right here. You see the strollers, and the families, and the people sitting down, and eating, and enjoying themselves. That's what it really comes down to here. It is just creating an environment, a fun place for people to go and enjoy the day, and music and artists will be just another element of it. Thank you. Karen Kwasny: Could you take me back to the picture, actually that we were looking at when Mr. Kesser, I think was speaking, yes, Mr. Kesser was speaking. There we are. Can you point out the layout on this picture, so I can see? Item#11 Eat the Streets 757 Page 6 Cassandra Ayala: Yes. Do you see this fenced in area right here? That is our area. Karen Kwasny: Okay; so, only that area? Cassandra Ayala: Only that area?That is where we will be. Karen Kwasny: We have a visual in our package, and I wasn't on the tour, it has this storefront area? Cassandra Ayala: Yes. Karen Kwasny: Where is that? Cassandra Ayala: That is the festival center, which is right there. And inside those doors, you will have the bathrooms,the facilities. The doors will be locked after that; so, there is no access to the actual building,just the facilities themselves. Jeff Hodgson: Something Bob pointed out, he kind of whispered it to me. If you go back to the previous slide, where we have the yellow border around the property, Bob Thornton: It is not indicative of what you're doing. Jeff Hodgson: It is really just the green grass area that is part of your application. I understand the bathrooms are going to be in the building, but as far as what is outside, it is mostly just the grassed area? Is that correct? Cassandra Ayala: I don't understand. Yes, yes, we're only on the grassed area. Bob Thornton: It doesn't represent your operation. Jeff Hodgson: It makes it look like you're taking a whole half of a block, but you're only really just about 25 percent of that. Cassandra Ayala: We are literally right in this...right here (pointing to grassed area enclosed by fence). Jeff Hodgson: Okay. Cassandra Ayala: That could have been the misconception. Jeff Hodgson: Ms. Oliver? Item#11 Eat the Streets 757 Page 7 Dee Oliver: How many, and I know you told me this probably, you already mentioned, how many food trucks will be there on a daily basis? Cassandra Ayala: It depends on the day. On Tuesdays, our hours will be from 5:00 pm to 9:00 pm, and there will be about three food trucks. On Wednesday, you will probably have four or five, and on the weekends, you will have six to eight. When I say food trucks, they can range anywhere from a cart to a trailer to a truck; so, it depends on the size. We are commissioned up to eight; so, if we were to have small carts,they would all fit. Dee Oliver: Right. Cassandra Ayala: If we have trucks, obviously, we need to shrink them down to fit in to this space that is provided. Dee Oliver: But you are contained within that fenced area? Cassandra Ayala: Correct. Dee Oliver: Is there any thought of maybe only going to 11:00 pm versus midnight? Cassandra Ayala: That is the funny thing. We are plan on only having trucks work until 10:00 pm, but there are occasions, such as Neptune Festival, Fourth of July,that kind of thing, where we would like to be open later. So rather than to pick and choose, 40 or 50 days throughout the year, we would rather just say, this is the timeframe. Dee Oliver: So,the majority, 80 percent, maybe of the summer? Rock & Roll marathon and things like that? Cassandra Ayala: Yes. Tuesdays will be nice. Correct. Dee Oliver: You will pretty much be done by 10:00 pm? Cassandra Ayala: Correct. Our goal is to work with what's down at the Beach and not against. So, when we close early, people will go other places, and that is just a benefit for everybody. Dee Oliver: That makes sense. Jeff Hodgson: Are there other questions? Bob Thornton: Ron's got one. Jeff Hodgson: Mr. Ripley. Item#11 Eat the Streets 757 Page 8 Ronald Ripley: The additional people there, I would think, wouldn't be as objectionable as the noise. So, the question is, do you have to have the band? Cassandra Ayala: Yes. Yes, we would like to have bands. We would like to have acoustic music. We like to have regular bands on certain nights. I think it is part of the experience. If you go back to those pictures, I think you will even see that even at Whole Foods, we have music. We have blues, we have jazz, we've even had folk. I don't know if you can see it in any of those pictures? We've had violins, we've had the children's orchestras come out. I think it is an integral part of the experience. Ronald Ripley: I can understand the music as being part of the experience. Cassandra Ayala: What music? I'm sorry. Ronald Ripley: The volume of music, which can be an issue, which adds to the loudness of the area, I think what Barry Kesser was concerned about more than anything, I would imagine, is the amount of noise that could come out of that. Cassandra Ayala: I totally understand the objection. If we were to be as loud as, I think they are projecting us to be, the people with the children who come to our events would not come; so, the only way to really explain it is to see it. I don't know how else to explain to them that I won't be having Def Leppard. I won't be having "bang your head" music. It will be music, and it will be bands that people enjoy, and different genres and things like that, but it won't be blasting and blaring, like what you find on 6th Street Stage, or what you find in Chick's or Waterman's, or any of the places in downtown Virginia Beach. You're not going to find that here. We have a 5' x 8' stage. We could only fit so much on it. Ronald Ripley: So, the one year Conditional Use Permit is okay with you? Cassandra Ayala: Absolutely. Because it gives us a chance to find out what's really going to work, both with the City, the ABC, the residents, and ourselves, and see what might need to be changed if we decide to go forward, and if everybody wants us to go forward. I think it gives us an opportunity to show this is wanted, and it is desired, and it will be successful. I think a year is fair to ask,just to see. Bob Thornton: I got a quick question. Cassandra Ayala: Sure. Bob Thornton: Those boxes at the bottom represent? Cassandra Ayala: Trucks. I I' Item#11 Eat the Streets 757 Page 9 Bob Thornton: Those four little boxes on the left up against. Cassandra Ayala: Artisans. Bob Thornton: They are artisans? Cassandra Ayala: Correct. Bob Thornton: Meaning people selling art? Cassandra Ayala: Yes. Some will have jewelry. Some will have art. Some will have pictures, glasswork. Local artisans. Bob Thornton: In terms of the seating, do you think you will have adequate seating for people in there to sit down? Cassandra Ayala: Yes, and enjoy themselves. Do you see all those small tables? That's a representation of seating all throughout the park. You find it pretty much everywhere. We also will have a fulltime janitorial staff, as well as security. Jeff Hodgson: Yes, Mr. Weiner? David Weiner: Suppose this goes through today, and goes to Council, what is your objective, timeline? Are you waiting for Memorial Day to open? Cassandra Ayala: Yes. Our anticipated soft opening would be the 27th. Our live opening would be the 29th David Weiner: Okay. How long into September? Cassandra Ayala: We plan on going through the end of September. We will have the Use Permit for a year. If we do anything from that point, and we are debating about that right now, it will be things geared more towards locals, like an oyster roast, a pig-picking throwdown, barbeque, football, children's hayrides, not hayrides, but things inside, haunted houses, that kind of thing that the children can enjoy, because that is what they enjoyed throughout the season at Whole Foods, and MOCA, and things like that. We want to draw locals out when the tourists are not there, and hopefully that will also boost the economy in downtown Virginia Beach, when the tourist season is dead. David Weiner: Okay. Jeff Hodgson: Are there any other questions? Thank you. Item#11 Eat the Streets 757 Page 10 Cassandra Ayala: Thank you guys so much for your time today. I appreciate it. Jeff Hodgson: The hearing is closed, and we'll open it up for discussion amongst the Commissioners. Would anyone like to start? Bob Thornton: I have a comment. I've been to Portland a couple of times, and downtown around one of their parks, which is much larger than this,they basically line the entire street, the entire edge of the park with these little food vendors, and quite frankly, it is absolutely wonderful. Every one of them is another ethnic type of food. The only criticism I have of that is there are not enough places to sit and eat; so, you almost got to eat standing up and walking around. But, it adds a lot of vitality to the area. I think the fact that this has a one-year time limit on it, causes me not to be concerned. I mean, she is going to be there from May to September, and if it works, she basically has to come back and do this again next year; so, I'm in favor of seeing this, and wish her well down there with the tourist this summer. Jeff Hodgson: Is there anybody else? Karen Kwasny: I just want to piggy-back on what you're saying. I think it is an amenity to that area, in terms of allowing for some open-air, open-space field. When I look at some of the pictures that have been shown of that particular section of the Oceanfront, it is very densely packed with buildings, and this gives people an opportunity, yes, the Beach is right there, but an opportunity to get off the beach, and come there, and still be outside with their families, and milling about, and I've seen it successful in Portland as well. And they do this in some of the parks in Philadelphia. It really works nicely for families to have different venues outside in a place that accent that or emphasizes that. Jeff Hodgson: Mr. Wall? Jack Wall: I think noise levels are difficult to control. But I don't think that should be a problem in this location just because of where it is located, and where it is in the city. It is at the Oceanfront and it's on 8th Street. It shouldn't be an issue. Jeff Hodgson: Yes, Mr. Ripley. Ronald Ripley: Speaking to noise, if you have a year permit, and like you said, you're just going to go through the season, the staff will be able to judge it. I think the neighborhood would be able to judge whether or not it is compatible, and if levels of noise needs to be adjusted, I think that could be discussed at that point, and hopefully, modified. And hopefully, what you will have is a new corporate citizen, who is mindful of that, and will want to be compatible. Mike Inman: Mr. Chairman. I am impressed by the applicant. I think she has lots of experience with this. I think she is trying to create an atmosphere that we don't have now down at the Beach. I agree with the prior comments by the Commissioners, and I hope Mr. Kesser finds that Item#11 Eat the Streets 757 Page 11 this is not as bad, as he thinks it is going to be. If he does, then we got a one year limit on it, and I think that is pretty short in any event, as permits like this go. So, I would make a motion to approve the application. Jeff Hodgson: Real quick, before your motion. I just would like to add one thing. When you live in the middle of a Resort District, and I live within biking or walking distance of this, and for the summer, you just have to know there are going to be noise and crowds. That is just what it is down here. And, all the items that were mentioned by Mr. Kesser, the sand soccer,the monster trucks, the concerts, all those events are what make Virginia Beach, to me, a great place, for families to come to, and for the residents alike to be able to enjoy our Oceanfront. So, I just think that that is something you have to expect when you live down here at the Beach. I mean, it is going to be there, and it is not going to go away. I think this is just another great amenity. I've had several people over the last week approach me about this, and they are very, very excited that this is coming. They look forward to it. And if this passes, I wish you luck. And I believe Mr. Inman made a motion to approve this agenda item. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: A motion made by Commissioner Inman and seconded by Commissioner Oliver. Ed Weeden: The vote is open. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSENT THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 9-0, the commission has approved agenda item 11, Eat the Streets 757. Jeff Hodgson: Thank you for coming down. 1 II i I [ c ":"Alk,k, V5,) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An Ordinance to Amend the City Zoning Ordinance Pertaining to "Small Wireless Telecommunication Facility," "Temporary Communication Tower," and "Antenna, Building-Mounted," and establishing standards and requirements for Building-Mounted Antennas, Small Wireless Telecommunication Facilities, and Temporary Communication Towers. MEETING DATE: April 21, 2015 • Background: The proposed amendments change several provisions in the Zoning Ordinance pertaining to wireless communication facilities as well as introduce two new types of facilities: "Temporary Communication Towers" and "Small Wireless Facilities." • Considerations: One of the principal changes to the Zoning Ordinance's regulations governing wireless communication facilities pertain to new rules for such facilities adopted by the Federal Communications Commission (FCC). These new FCC rules are codified in the Code of Federal Regulations (CFR), 47 CFR Parts 1 and 17 ("Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies; Final Rule"). Perhaps most significantly, the amendment provides that co-locations of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the physical dimensions of such tower or base station shall require a new or modified Use Permit. While this has been the standard practice of the City, the new FCC rules provide that co-locations or modifications that do not substantially change the size of a tower or base station must be approved administratively. Those regulations also set forth standards for determining whether a co-location or modification substantially changes the physical dimensions of such tower or base station and provide that the determination is to take into account the cumulative changes to a tower or base station so as to preclude an operator from making piecemeal modifications intended to avoid the necessity for discretionary approval such as a Conditional Use Permit (Lines 304— 315). Other principal changes pertain to the introduction of two new wireless communication facility types to the Zoning Ordinance — `Temporary Communication Towers' and `Small Wireless Facilities.' The addition of these uses is driven by continuing advances in the requisite technology, which allows the antennas and transmitters to be smaller and less obtrusive. 'Small Wireless 1 II II 1 CITY OF VIRGINIA BEACH AMENDMENT FOR WIRELESS COMMUNICATION FACILITIES Page 2 of 2 Facilities' have a range from 33 feet to approximately 1,000 feet, and can be deployed on a variety of non-traditional structures such as utility poles, as well as on rooftops and inside buildings, to enhance capacity or fill in coverage gaps. A `Temporary Communication Tower' is a portable communication tower that is used to provide wireless telecommunication service on a temporary or emergency basis. It is not permanently affixed to the site where it is located. Such towers include facilities known as Cells-on-Wheels (COW), Site-on-Wheels (SOW), Cell on Light Trucks (COLT), or other portable devices (see photos in attached staff report). The proposed amendment provides standards for height, location, duration of use, and other relevant regulations. Further details pertaining to proposed amendments summarized above, as well as amendments that provide standards for these new communication facilities and current facilities, 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, to recommend approval of the proposed amendment. • Attachments: Staff Report Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department . City Manage ,��'�. I II II 7 April 8, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - WIRELESS COMMUNICATION FACILITIES REQUEST: An Ordinance to Amend City Zoning Ordinance Section 111 by adding definitions of "Small Wireless Facility" and "Temporary Communication Tower" and Amending the Definitions of "Antenna, Building- Mounted," and "Communication Tower," City Zoning Ordinance Section 207, Pertaining to Requirements for Building-Mounted Antennas, Temporary Communication Towers, and Small Wireless Facilities, City Zoning Ordinance Section 232, Establishing Requirements For Small Wireless Facilities, Temporary Telecommunication Towers and Building-Mounted Antennas, and City Zoning Ordinance Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531, and 2203 and Sections 5.1, 5.2 And 5.3 of the Oceanfront Resort District Form-Based Code, allowing Small Wireless Facilities as Principal or Conditional Uses in the P-1 Preservation District, AG-1 And AG-2 Agricultural Districts, R-2.5 through R- 40 Residential Districts, A-12 through A-36 Apartment Districts, H-1 Hotel District, 0-1 and 0-2 Office Districts, B-2 through B-4C Business Districts, I-1 and 1-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort Tourist Districts, CBC Central Business Core District, and Or Oceanfront Resort District, and allowing Temporary Communication Towers as Principal or Conditional Uses in such districts. 4 • SUMMARY OF AMENDMENT The proposed amendments change several provisions in the Zoning Ordinance pertaining to wireless communication facilities as well as introduce two new types of facilities: "Temporary Communication Towers" and "Small Wireless Facilities."The amendments are summarized below. 1. The amendment redefines "Communication Tower" to specify that the term includes any associated base station and any equipment associated with wireless communications service, such as radio transceivers, antennas, co-axial or fiber-optic cable, regular or backup power supply, and comparable equipment(Lines 84—92). 2. This amendment updates the City Zoning Ordinance pertaining to new rules for wireless communication facilities adopted by the Federal Communications Commission (FCC). These new FCC rules are codified in the Code of Federal Regulations (CFR), 47 CFR Parts 1 and 17 (Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies; Final Rule). Perhaps most significantly, the amendment provides that co-locations of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the physical dimensions of such tower or base station shall require a new or modified Use Permit. While this has been the standard practice of the City, the new FCC rules provide that co-locations or modifications that do not substantially change the size of a tower or base station must be approved administratively. Those regulations also set forth CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance —Wireless Facilities Agenda Item 7 Page 1 II standards for determining whether a co-location or modification substantially changes the physical dimensions of such tower or base station and provide that the determination is to take into account the cumulative changes to a tower or base station so as to preclude an operator from making piecemeal modifications intended to avoid the necessity for discretionary approval such as a conditional Use Permit(Lines 304—315). 3. The amendment adds definitions for "Temporary Communication Towers" and "Small Wireless Facility" to Section 111: a. Temporary Communication Tower—A portable communication tower that is intended or used to provide wireless telecommunication service on a temporary or emergency basis and that is not permanently affixed to the site on which it is located. Such towers include, without limitation, Cells-on-Wheels (COW), Site-on-Wheels (SOW), Cell on Light Trucks (COLT)or other portable devices. b. Small Wireless Facility— Small wireless facilities include smaller antennas and compact radio equipment deployed in order to provide mobile voice and broadband service. Such facilities include distributed antenna systems (DAS), small cells, and other low-powered radio access nodes, including those that operate in licensed spectrum and unlicensed carrier-grade Wi-Fi. Small wireless facilities typically have a range from 33 feet to approximately 1,000 feet and can be deployed on a variety of non-traditional structures such as utility poles, as well as on rooftops and inside buildings, to enhance capacity or fill in coverage gaps. The terms shall be construed to include supporting lines, cables, wires, braces, masts or other appurtenances. The amendment also modifies the definitions of "Building-Mounted Antenna," such that small wireless facilities are not included, and "Communication Tower," so as to clarify that regulations pertaining to Communication Towers also apply to associated base stations, which are also defined (Lines 71 — 113). 4. The amendments revise the general standards for "Building-Mounted Antennas" in Section 207 by reducing the maximum building or structure height upon which antennas may be mounted from 50 to 30 feet. Building-mounted antennas that do not meet the revised standards of Section 207 will now be permitted as a conditional use. 5. Currently, building-mounted antennas are, and will remain, prohibited in the Residential zoning districts. The amendments to Section 207 will now prohibit building-mounted antennas on single- family dwellings or duplexes in any zoning district unless a Conditional Use Permit was granted. Home satellite dishes, television and radio antennas used for the sole benefit of the occupants are not affected by this change, remaining excluded from the definition of "Building-Mounted Antennas." 6. The amendment adds "Small Wireless Facilities," as defined in Section 111, as a permitted use subject to general standards in Section 207. These general standards include requirements for the maximum dimensions and concealment of such facilities, as well as prohibition of their use on properties containing single-family and duplex dwellings. Small wireless facilities that do not meet the standards of Section 207 are added as a conditional use. 7. The amendment adds "Temporary Communication Towers," as defined in Section 111, as a permitted use subject to general standards in Section 207. The following are the more significant of those standards. a. The maximum allowed height is 100 feet; b. The maximum duration that such a tower may be used is the longer of the following: i. Five (5)days; CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance —Wireless Facilities Agenda Item 7 Page 2 9 II I i i ii. Where used in conjunction with a Special Event Permit (City Code Section 4-1), 48 hours prior to and after such event; or iii. In cases of declared emergencies resulting in the disablement of existing telecommunications facilities, the duration of the emergency; c. Minimum setback from any residential district or use, as measured to the nearest lot line of such district or use, is two times the height of the tower or 150 feet, whichever is greater; d. The sound from any generators providing power to the temporary communication tower cannot exceed 65 A-weighted decibels (65 dBA) at a distance of 20 feet from the noise source; and e. Unless allowed by Conditional Use Permit, no temporary communication tower will be allowed east of Pacific Avenue from 4th Street to 42nd Street. f. Small wireless facilities that do not meet the standards of Section 207 are added as a conditional use. If these standards cannot be met, a temporary communication tower may be allowed with a Conditional Use Permit if the zoning district regulations so provide. 4 • RECOMMENDATION Adding temporary communication towers and small wireless facilities as new use categories and decreasing the minimum permitted height for building-mounted antennas will open up a greater number of sites for wireless communication facilities using less obtrusive methods than traditional towers. The provisions for greater flexibility in terms of facility siting, which include the new FCC-mandated standards for determining administrative and discretionary zoning review, will enable providers to increase wireless service. The amendments retain standards for the concealment of communication towers and building- mounted antennas, and provide new concealment standards for small wireless facilities and standards for temporary communication towers. Staff recommends approval of the amendments. CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance —Wireless Facilities Agenda Item 7 Page 3 I i i r° -tea-_ IR, Ali i 1. A p. Ct ' ,.... _ _ Examples of `Temporary Communication Towers.' it k. .. :rt,rr 1 } I - ill tI a t s 3s, "# { . , tgwprrant cabmet i .-- — L. ZS . Examples of `Small Wireless Facilities' or `Distributed Antenna System' CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance —Wireless Facilities Agenda Item 7 Page 4 1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE SECTION 2 111 BY ADDING DEFINITIONS OF "SMALL WIRELESS FACILITY" 3 AND "TEMPORARY COMMUNICATION TOWER" AND AMENDING 4 THE DEFINITIONS OF "ANTENNA, BUILDING-MOUNTED,"• AND 5 "COMMUNICATION TOWER," CITY ZONING ORDINANCE 6 SECTION 207, PERTAINING TO REQUIREMENTS FOR BUILDING- 7 MOUNTED ANTENNAS, TEMPORARY COMMUNICATION 8 TOWERS AND SMALL WIRELESS FACILITIES; CITY ZONING 9 ORDINANCE SECTION 232, ESTABLISHING REQUIREMENTS 10 FOR SMALL WIRELESS FACILITIES AND BUILDING-MOUNTED 11 ANTENNAS; AND CITY ZONING ORDINANCE SECTIONS 301, 401, 12 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 AND 2203 13 AND SECTIONS 5.1, 5.2 AND 5.3 OF THE OCEANFRONT RESORT 14 DISTRICT FORM-BASED CODE, ALLOWING SMALL WIRELESS 15 FACILITIES AS PRINCIPAL OR CONDITIONAL USES IN THE P-1 16 PRESERVATION DISTRICT, AG-1 AND AG-2 AGRICULTURAL 17 DISTRICTS, R-2.5 THROUGH R-40 RESIDENTIAL DISTRICTS, A-12 18 THROUGH A-36 APARTMENT DISTRICTS, H-1 HOTEL DISTRICT, 19 0-1 AND 0-2 OFFICE DISTRICT, B-2 THROUGH B-4C BUSINESS 20 DISTRICTS, I-1 AND 1-2 INDUSTRIAL DISTRICTS, RT-1, RT-3, AND 21 RT-4 RESORT TOURIST DISTRICTS, CBC CENTRAL BUSINESS 22 CORE DISTRICT, AND OR OCEANFRONT RESORT DISTRICT 23 AND ALLOWING TEMPORARY COMMUNICATION TOWERS AS 24 PRINCIPAL OR CONDITIONAL USES IN SUCH DISTRICTS 25 26 27 Sections Amended: City Zoning Ordinance Sections 111, 207, 232, 28 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 29 2203 and Sections 5.1, 5.2 and 5.3 of the Oceanfront Resort District 30 Form-Based Code 31 32 WHEREAS, the public necessity, convenience, general welfare and good 33 zoning practice so require; 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That City Zoning Ordinance Sections 111, 207, 232, 301, 401, 501, 601, 39 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 2203 and Section 5.2 Of The 40 Oceanfront Resort District Form-Based Code are hereby amended and 41 reordained by adding a definition of "small wireless facility," amending the 42 definition of "antenna, building-mounted, establishing requirements for building- 43 mounted antennas, temporary communication towers and small wireless facilities, 44 and allowing small wireless telecommunication facilities as permitted or 45 conditional uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural 46 Districts, R-2.5 through R-40 Residential Districts, A-12 through A-36 Apartment 47 Districts, H-1 Hotel District, 0-1 and 0-2 Office District, B-2 Through B-4C 48 Business Districts, I-1 and 1-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort 49 Tourist Districts, CBC Central Business Core District, and Section 5.2 of the OR 50 Oceanfront Resort District, to read as follows: 51 52 ARTICLE 1. GENERAL PROVISIONS. 53 . . . . 54 55 Sec. 111. Definitions. 56 57 For the purpose of this ordinance, words used in the present tense shall 58 include the future; words used in the singular number include the plural and the 59 plural the singular; the use of any gender shall be applicable to all genders; the 60 word "shall" is mandatory; the word "may" is permissive; the word "land" includes 61 only the area described as being above mean sea level; and the word "person" 62 includes an individual, a partnership, association, or corporation. 63 64 In addition, the following terms shall be defined as herein indicated; 65 provided that in the event a term defined in this section is defined differently in the 66 regulations of any form based district identified in Section 102(a)(13), the latter 67 definition shall control if the property to which the definition applies is located in 68 the form based such district: 69 . . . . 70 71 Antenna, building mounted. Any structure or device affixed to a building or 72 other structure, except a water tank, for the purpose of supporting broadcast 73 equipment of any frequency or electromagnetic wave, or any similar system of 74 wires, poles, rods, reflecting discs or similar devices used for the transmission or 75 reception of electromagnetic waves. The term does not include communication 76 towers, antennas mounted on communication towers, home satellite dishes, small 77 wireless facilities or television or radio antennas used primarily for the benefit of 78 the occupants of, or visitors to, property on which such antennas are located. 2 79 . . . . 80 81 Communication tower. Any pole, spire or other structure, including 82 supporting lines, cables, wires, braces, masts or other appurtenances, intended or 83 used primarily for the purpose of affixing antennas or other wireless 84 telecommunications equipment or for housing such equipment and any 85 associated base station. For purposes of this ordinance, regulations pertaining to 86 communication towers shall apply to any associated base station as applicable. 87 The term "base station" includes any equipment and non-tower supporting 88 structure at a fixed location that enable wireless communications between user 89 equipment and a communications network, and any other equipment associated 90 with wireless communications service, including, but not limited to, radio 91 transceivers, antennas, coaxial or fiber-optic cable, regular and backup power 92 supply, and comparable equipment. The term does not include private home use 93 of satellite dishes and television antennas or by amateur radio operators as 94 licensed by the Federal Communications Commission. 95 96 Communication tower, temporary. A portable communication tower that is 97 intended or used to provide wireless telecommunication service on a temporary or 98 emergency basis and that is not permanently affixed to the site on which it is 99 located. Such towers include, without limitation, Cells-on-Wheels (COW), Site-on- 100 Wheels (SOW), Cell on Light Trucks (COLT) or other portable devices. 101 102 . . . . 103 104 Small Wireless Facility. Small wireless facilities include smaller antennas 105 and compact radio equipment deployed in order to provide mobile voice and 106 broadband service. Such facilities include distributed antenna systems (DAS), 107 small cells, and other low-powered radio access nodes, including those that 108 operate in licensed spectrum and unlicensed carrier-grade Wi-Fi. Small wireless 109 facilities typically have a range from ten (10) meters to several hundred meters 110 and can be deployed on a variety of non-traditional structures such as utility poles, 111 as well as on rooftops and inside buildings, to enhance capacity or fill in coverage 112 gaps. The terms shall be construed to include supporting lines, cables, wires, 113 braces, masts or other appurtenances. 114 115 3 116 COMMENT 117 118 The amendments in the second paragraph of the introductory portion of the section 119 are technical in nature and are intended to encompass all codes intended to implement a 120 Strategic Growth Area Plan,rather than only form-based codes, 121 122 The remaining amendments modify the definitions of "building-mounted antenna" 123 so as to exclude small wireless facilities and "communication tower" so as to clarify that 124 regulations pertaining to communication towers also apply to associated base stations,which 125 are also defined. New definitions of"communication tower, temporary" and "small wireless 126 facility"are added to the section as well. 127 128 . . . . 129 130 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 131 TO ALL DISTRICTS 132 133 A. Regulations Relating to Lots, Yards, Heights, Off-Street Parking, Off-Street 134 Loading, and Certain Uses 135 136 . . . . 137 138 Sec. 207. Building-mounted antennas, small wireless facilities and 139 temporary communication towers. 140 141 (a) The following provisions shall apply to building-mounted antennas in 142 all districts in which they are permitted, unless otherwise provided by conditional 143 use permit: 144 145 (a-) (1) Antennas shall, through the use of screening, colorization, 146 placement, design, or any combination thereof, be as visually 147 unobtrusive as is reasonably practicable; 148 149 (b) (2) No antenna shall be located upon any building or structure 150 less than fifty thirty(54) (30) feet in height; 151 152 (c) (3) No antenna shall extend to a height greater than twenty-two 153 (22) feet above the highest point of the building or structure to 154 which it is affixed; 155 4 156 (d) (4) No antenna shall be erected unless a professional engineer 157 licensed in the Commonwealth of Virginia certifies to the 158 building official that the proposed antenna, or array of 159 antennas, complies with all applicable Federal 160 Communications Commission regulations, including, without 161 limitation, regulations pertaining to the emission of radio 162 frequency radiation; and 163 164 (e) (5) Buildings or other structures housing electronic equipment or 165 other equipment or materials used in connection with the 166 operation of an antenna shall meet all application setback 167 and landscaping requirements; and. 168 169 (6) Building-mounted antennas shall not be permitted on single- 170 family dwellings or duplexes in any district or on any property 171 containing such a use. 172 173 (b) The following provisions shall apply to small wireless facilities, other 174 than those located on public rights-of way or other public property or in the interior 175 of a building, in all districts in which they are permitted, unless otherwise provided 176 by conditional use permit : 177 178 (1) Application requirements. Applications for small wireless 179 facilities may encompass multiple sites, provided that all such 180 sites are located within a single, discrete area of the City. 181 Applications shall include: (i) a plan showing the proposed 182 location by Geographic Parcel Identification Number (GPIN) 183 of each small wireless facility, and a diagram or other suitable 184 representation of the proposed location of each such facility 185 on a building or structure, showing the dimensions of each 186 facility, its height from ground level and the type of building or 187 structure on which each such facility is to be affixed; (ii) 188 photographs or accurate renderings, including correct colors 189 and exact dimensions, of each type of proposed small 190 wireless facility; (iii) a statement signed by a professional 191 engineer licensed in the Commonwealth of Virginia the 192 proposed facilities comply with all applicable Federal 193 Communications Commission regulations, including, without 194 limitation, regulations pertaining to the emission of radio 5 195 frequency radiation; and (iv) such additional information as 196 the planning director may reasonably require in order to 197 determine whether the requirements of this section are met. 198 199 (2) Such facilities shall be substantially concealed from view by 200 means of painting or tinting to match the surface of the 201 building or other structure to which they are affixed or by 202 other suitable method, such as by flush-mounting or 203 integration into the design elements of the building or 204 structure. 205 206 (3) If visible from a public street, equipment other than whip 207 antennas and electrical power or battery backup cabinets 208 shall be no greater than eight (8) cubic feet in volume. Whip 209 antennas shall be no longer than twenty-five (25) feet. 210 211 (4) Electrical power and battery backup cabinets shall, to the 212 extent practicable, be roof-mounted or otherwise located so 213 as to not be visible from a public street or, where not 214 practicable, such equipment shall be appropriately screened 215 by landscaping or other means minimizing visibility from a 216 public street. 217 218 (5) Minimum height of antennas, if affixed to a building or other 219 vertical structure shall be ten (10) feet. 220 221 (6) Small wireless facilities shall not be permitted on single-family 222 dwellings or duplexes in any district or on any property 223 containing such a use. 224 225 (c) Special provisions for temporary communication towers. Temporary 226 communication towers meeting the requirements of this subsection shall be 227 allowed as principal uses where so provided by the regulations of the district in 228 which they are located: 229 230 (1) Maximum height shall be one hundred (100) feet; 231 232 (2) Maximum duration shall be the longer of (i) five (5) days; (ii) 233 where used in conjunction with an event permitted pursuant 6 234 to City Code Section 4-1 (special events permits), forty-eight 235 (48) hours prior to and after such event; or (iii) in cases of 236 declared emergencies resulting in the disablement of existing 237 telecommunications facilities, the duration of the emergency; 238 239 (3) Minimum setback from any residential district or use, as 240 measured to the nearest lot line of such district or use, shall 241 be two (2) times the height of the tower or one hundred fifty 242 (150) feet, whichever is greater; 243 244 (4) No grading or removal of vegetation shall be permitted; 245 246 (5) Noise from generators shall not exceed sixty-five A-weighted 247 decibels ( 65 dBA) at a distance of twenty (20) feet from the 248 noise source; 249 250 (6) No signage or lighting other than as may be required by law 251 shall be allowed; 252 253 (7) A certification that the tower is capable of supporting the total 254 anticipated capacity of the tower, including all appurtenances, 255 and a certification that all equipment intended to be affixed to 256 the proposed tower comply with all applicable regulations 257 promulgated by the Federal Communications Commission 258 pertaining to the emission of radio frequency radiation shall 259 be required prior to deployment of the tower. Such 260 certifications shall be under seal from a professional engineer 261 licensed in Virginia; and 262 263 (8) Unless allowed by conditional use permit, no temporary 264 communication tower shall be allowed east of Pacific Avenue 265 from 4th Street to 42nd Street. 266 267 COMMENT 268 269 The section sets forth the requirements for applications, concealment or screening, 270 height, size and other characteristics of small wireless facilities and temporary 271 communication towers permitted by right. Under the proposed Section 232(k), such facilities 272 may be allowed a conditional uses if the requirements of this section are not met. 273 7 274 The section also sets forth requirements for temporary communication towers that 275 are permitted as principal (by-right) uses and provides that temporary towers not meeting 276 the requirements of the section may be allowed as conditional uses where district regulations 277 so provide. 278 279 . . . . 280 281 Sec. 232. Communication towers; building-mounted antennas; small 282 wireless facilities. 283 284 (a) Purpose; applicability. 285 286 (1) The purpose of this section is to (1) facilitate the provision of 287 wireless communications services to the citizens and 288 businesses of the city; (2) minimize the risk of physical 289 damage and other potential adverse impacts of 290 communications towers; (3) require, where commercially 291 reasonable, the joint use of communications towers by 292 providers of wireless telecommunications services so as to 293 avoid unnecessary proliferation of communication towers and 294 related facilities; and (4) allow the use of public property 295 under circumstances in which such use (i) minimizes the 296 potential adverse visual and other impacts of communication 297 towers and their appurtenances; (ii) does not adversely affect 298 the operation of public facilities such as public safety 299 communications facilities and water tanks for their primary 300 purpose; and (iii) conforms to applicable requirements 301 pertaining to the use of public property for purposes of 302 communication tower siting. 303 304 (2) Notwithstanding the provisions of Section 105(d) of this 305 ordinance, any co-location of antenna arrays or other 306 modifications to a communication tower or base station that 307 substantially changes, whether individually or cumulatively, 308 the physical dimensions of such tower or base station, shall 309 require a new or modified conditional use permit. For 310 purpose of this section, the standards set forth in Title 47, 311 Part 1, Subpart CC of the Code of Federal Regulations (47 312 C.F.R. $1.40001 et seq.), or any successor regulation, shall 313 be determinative of whether a co-location or other 8 314 modification substantially changes the physical dimensions of 315 a communication tower or base station. 316 317 . . . . 318 319 (j) Special provisions for communication towers affixed to electric 320 transmission line structures and building-mounted antennas. 321 322 (1) Communication towers affixed to electric transmission line 323 structures and building-mounted antennas shall be allowed 324 as principal uses where so permitted in the district 325 regulations, provided that the following requirements are met: 326 327 (1-) a. Communication towers and building-mounted 328 antennas shall be made of materials or painted in such 329 manner as to match, to the maximum extent 330 practicable, the color of the structure upon which they 331 are affixed or mounted; 332 333 (2) b. Communication towers shall not project above the top 334 of the structure to which they are affixed by more than 335 twenty (20) percent of the height of the structure; 336 337 (3) c. The owner of the communication tower or his agent 338 submits to the planning director a list containing the 339 name and last known address of the owner of all 340 abutting lots, as shown on the current real estate tax 341 assessment books or current real estate tax 342 assessment records. The planning director shall 343 thereafter notify such property owners of the filing of 344 the site plan or building permit application seeking 345 approval of the communication tower. No such site 346 plan or building permit shall be approved for a period 347 of seven (7) days from the mailing of the notices; and 348 349 (4) d. Building-mounted antennas shall conform to the 350 requirements of section 207. 351 9 352 (2) Communication towers affixed to electric transmission line 353 structures and building-mounted antennas not meeting the 354 applicable requirements of this section may be permitted as 355 conditional uses where so provided by the regulations of the 356 district in which they are located. 357 358 (k) Small wireless facilities and temporary communication towers not 359 meeting the requirements of Section 207 may be allowed as conditional uses 360 where so provided by the regulations of the district in which they are located. 361 362 363 364 365 COMMENT 366 367 The amendments to this section are as follows: 368 369 1. Added new catchline to the section; 370 371 2. Added new catchline to subsection(a); 372 373 3. Added language in subsection (j) (2) providing that communication towers 374 affixed to electric transmission line structures and building-mounted antennas not meeting 375 the applicable requirements of this section may be permitted as conditional uses if so 376 provided by the applicable zoning district use regulations; 377 378 4. Added a new subsection (k), providing that small wireless facilities and 379 temporary communication towers not meeting the applicable requirements of this section 380 may be permitted as conditional uses if so provided by the applicable zoning district use 381 regulations; and 382 383 5. Added a new subdivision (3) to subsection (a), providing that co-locations of 384 antenna arrays or other modifications to a communication tower or base station that 385 substantially changes, whether individually or cumulatively, the physical dimensions of such 386 tower or base station shall require a new or modified conditional use permit. While that has 387 been the standard practice of the City,recent federal regulations provide that co-locations or 388 modifications that do not substantially change the size of a tower or base station must be 389 approved administratively. Those regulations also set forth standards for determining 390 whether a co-location or modification substantially changes the physical dimensions of such 391 tower or base station and provide that the determination is to take into account the 392 cumulative changes to a tower or base station so as to preclude an operator from making 393 piecemeal modifications intended to avoid the necessity for discretionary approval such as 394 conditional use permit. 395 396 . . . . 10 397 398 ARTICLE 3. PRESERVATION DISTRICT 399 400 Sec. 301. Use regulations. 401 402 (a) Principal and conditional uses. The following chart lists those uses 403 permitted within the P-1 Preservation District. Those uses and structures shall be 404 permitted as either principal uses indicated by a "P" or as conditional uses 405 indicated by a "C". No uses or structures other than as specified shall be 406 permitted. 407 408 Use P-1 409 410 Antennas, building mountcd P 411 412 . . . . 413 Use P-1 414 415 Building-mounted antennas meeting the 416 requirements of Section 207 P 417 418 Building-mounted antennas other than those 419 meeting the requirements of Section 207 C 420 421 . . . . 422 423 Communication towers meeting the requirements 424 of Section 232(j) P 425 426 Communication towers C 427 428 . . . . 429 430 Small wireless facilities meeting the requirements 431 of Section 207 432 433 Small wireless facilities other than those 434 meeting the requirements of Section 207 C 435 436 . . . . 437 11 II438 Temporary communication towers meeting 439 the requirements of Section 207 P 440 441 Temporary communication towers not meeting 442 the requirements of Section 207 C 443 444 . . . . 445 446 COMMENT 447 448 The amendments: 449 450 (1) Add building-mounted antennas meeting the requirements of Section 207 as a 451 principal use, and other building mounted antennas as a conditional use, in the P-1 452 Preservation District; 453 454 (2) Add temporary communication towers meeting the requirements of Section 455 207 as principal uses in the P-1 District; 456 457 (3) Add temporary communication towers not meeting the requirements of 458 Section 207 as conditional uses in the P-1 District; 459 460 (4) Add small wireless facilities meeting the requirements of Section 207 as 461 principal uses in the District; and 462 463 (5) Add small wireless facilities other than those meeting the requirements of 464 Section 207 as conditional uses in the District. 465 466 467 468 ARTICLE 4. AGRICULTURAL DISTRICTS 469 470 . . . . 471 472 Sec. 401. Use regulations. 473 474 (a) Principal and conditional uses. The following chart lists those uses 475 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and 476 structures in the respective agricultural districts shall be permitted as either 477 principal uses indicated by a "P" or as conditional uses indicated by a "C". Uses 478 and structures indicated by an "X" shall be prohibited in the respective districts. 479 No uses or structures other than as specified shall be permitted. 480 12 481 Use AG-1 AG-2 482 483 . . . . 484 485 Antennas, building mounted g -P 486 487 Building-mounted antennas, subject to meeting the 488 requirements of Section 207 P P 489 490 Building-mounted antennas other than those 491 meeting the requirements of Section 207 C C 492 493 . . . . 494 495 Communication towers meeting the requirements 496 of Section 232(j) and temporary communication 497 towers meeting the requirements of Section 207 P P 498 499 Communication towers except as specified above 500 other than those meeting the requirements of 501 Section 2320 and temporary communication 502 towers other than those meeting the requirements 503 of Section 207 C C 504 505 . . . . 506 507 Small wireless facilities meeting the requirements 508 of Section 207 P P 509 510 Small wireless facilities other than those 511 meeting the requirements of Section 207 C C 512 . . . . 513 514 COMMENT 515 516 The amendments: 517 518 (1) Add building-mounted antennas meeting the requirements of Section 207 as a 519 principal use, and other building mounted antennas as a conditional use, in the Agricultural 520 District; 521 13 I II 522 (2) Add temporary communication towers meeting the requirements of Section 207 523 as a principal use in the District and those not meeting such requirements as a conditional 524 use; 525 526 (3) Add small wireless facilities meeting the requirements of Section 207 as a 527 permitted use in the district; and 528 529 (4) Add small wireless facilities other than those meeting the requirements of Section 530 207 as a conditional use in the district. 531 532 533 534 ARTICLE 5. RESIDENTIAL DISTRICTS 535 536 . . . . 537 538 Sec. 501. Use regulations. 539 (a) Principal and conditional uses. The following chart lists those uses 540 permitted within the R-40 through R-2.5 Residential Districts. Those uses and 541 structures in the respective residential districts shall be permitted as either 542 principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses 543 and structures indicated by an "X" shall be prohibited in the respective districts. 544 No uses or structures other than as specified shall be permitted. 545 546 Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R2.5 547 . . . . 548 549 Communication towers 550 meeting the requirements 551 of Section 232(j) and 552 temporary communication 553 towers meeting the require- 554 ments of Section 207 PPPP PP P P P P 555 556 Communication towers 557 ;except as specified 558 above other than those 559 meeting the requirements 560 of Section 232(i)and tern p- 561 orary communication towers 562 other than those meeting the 563 requirements of Section 207 CCC C C C C C CC 564 14 565 Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R2.5 566 567 . . . . 568 569 Small wireless facilities meeting 570 the requirements of Section 207, 571 except on property containing 572 a single-family dwelling 573 or duplex PPXX X X X X X X 574 575 576 Small wireless facilities other 577 than those meeting the require- 578 ments of Section 207, except on 579 property containing a single 580 -family dwelling or duplex CCC X X X XX X X 581 582 583 . . . . 584 585 COMMENT 586 587 The amendments: 588 589 (1) Add temporary communication towers meeting the requirements of Section 207 590 as a principal use in Residential Districts and those not meeting such requirements as a 591 conditional use; 592 593 (3) Add small wireless facilities meeting the requirements of Section 207 as a 594 permitted use in the District, except on property containing a single-family dwelling or 595 duplex; and 596 597 (4) Add small wireless facilities other than those meeting such requirements as a 598 conditional use, except on property containing a single-family dwelling or duplex. 599 600 . . . . 601 602 603 ARTICLE 6. APARTMENT DISTRICTS 604 605 . . . . 606 607 Sec. 601. Use regulations. 608 15 609 (a) Principal and conditional uses. The following chart lists those uses 610 permitted within the A-12 through A-36 Apartment Districts. Those uses and 611 structures in the respective apartment districts shall be permitted as either 612 principal uses indicated by a "P" or as conditional uses indicated by a "C". Uses 613 and structures indicated by an "X" shall be prohibited in the respective districts. 614 No uses or structures other than as specified shall be permitted. 615 616 Use A-12 A-18 A-24 A-36 617 . . . . 618 Building-mounted antennas, subject 619 to meeting the requirements of 620 Section 207 P P P P 621 Building-mounted antennas other than 622 those meeting the requirements of 623 Section 207 C C C C 624 625 . . . . 626 627 Communication towers meeting the 628 requirements of Section 232(j) and 629 and temporary communications towers 630 meeting the requirements of Section 207 P P P P 631 632 Communication towers, except as 633 specified-above other than those 634 meeting the requirements of Section 635 232(i) and temporary communication 636 towers other than those meeting the 637 requirements of Section 207 C C C C 638 639 . . . . 640 641 Small wireless facilities meeting the 642 requirements of Section 207 P P P P 643 644 Small wireless facilities other 645 than those meeting the require- 646 ments of Section 207 C C C C 16 647 648 649 650 651 COMMENT 652 653 The amendments: 654 655 (1) Allow building-mounted antennas other than those meeting the requirements of 656 Section 207 as a conditional use in Apartment Districts; 657 658 (2) Add temporary communication towers meeting the requirements of Section 207 659 as a principal use in Apartment Districts and those not meeting such requirements as a 660 conditional use; 661 662 (3) Add small wireless facilities meeting the requirements of Section 207 as a 663 permitted use; and 664 665 (4) Add small wireless facilities other than those meeting such requirements as a 666 conditional use. 667 668 . . . . 669 670 ARTICLE 7. HOTEL DISTRICTS 671 672 . . . . 673 674 Sec. 701. Use regulations. 675 676 (a) Principal and conditional uses. The following chart lists those uses 677 permitted within the H-1 Hotel District. Those uses and structures in the district 678 shall be permitted as either principal uses indicated by a "P" or as conditional 679 uses indicated by a "C". Uses and structures indicated by an "X" shall be 680 prohibited in the respective districts. No uses or structures other than as specified 681 shall be permitted. 682 683 Use H-1 684 685 Building-mounted antennas, subject to meeting 686 the requirements of Section 207 P 687 688 Building-mounted antennas other than those 689 meeting the requirements of Section 207 C 17 690 691 Communication towers 692 meeting the requirements 693 of Section 232(j) and temporary 694 communication towers meeting 695 the requirements of Section 207 P 696 697 698 Communication towers, except as specified above 699 other than those meeting the requirements 700 of Section 232(1) and temporary communication 701 towers other than those meeting the requirements 702 of Section 207 P 703 704 . . . . 705 706 Small wireless facilities meeting the requirements 707 of Section 207 P 708 709 Small wireless facilities other than those meeting 710 the requirements of Section 207 C 711 712 713 COMMENT 714 715 The amendments: 716 717 (1) Allow building-mounted antennas other than those meeting the requirements of 718 Section 207 as a conditional use in the H-1 Hotel District; 719 720 (2) Add temporary communication towers meeting the requirements of Section 207 721 as a principal use and those not meeting such requirements as a conditional use; 722 723 (3) Add small wireless facilities meeting the requirements of Section 207 as a 724 permitted use; and 725 726 (4) Add small wireless facilities other than those meeting such requirements as a 727 conditional use. 728 729 . . . . 730 731 ARTICLE 8. OFFICE DISTRICTS 732 733 18 II 734 735 Sec. 801. Use regulations. 736 737 (a) Principal and conditional uses. The following chart lists those uses 738 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in 739 the respective office districts shall be permitted as either principal uses indicated 740 by a "P" or as conditional uses indicated by a "C". Uses and structures indicated 741 by an "X" shall be prohibited in the respective districts. No uses or structures 742 other than as specified shall be permitted. 743 744 Use 0-1 0-2 745 746 . . . . 747 748 Building-mounted antennas, subject to meeting 749 the requirements of Section 207 X P P 750 751 Building-mounted antennas other than those 752 meeting the requirements of Section 207 C C 753 754 . . . . 755 756 Communication towers 757 meeting the requirements of Section 232(j) 758 and temporary communication towers meeting 759 the requirements of Section 207 P P 760 761 Communication towers, except as spocificd above 762 other than those meeting the requirements 763 of Section 232(i) and temporary communication 764 towers other than those meeting the requirements 765 of Section 207 C C 766 767 . . . . 768 769 Small wireless facilities meeting the requirements 770 of Section 207 P P 771 772 Small wireless facilities other than those meeting 19 773 the requirements of Section 207 C C 774 775 . . . . 776 777 COMMENT 778 779 The amendments: 780 781 (1) Allow building-mounted antennas other than those meeting the requirements 782 of Section 207 as a conditional use in the 0-1 and 0-2 Office Districts; 783 784 (2) Add temporary communication towers meeting the requirements of Section 785 232(j) as a principal use and those not meeting such requirements as a conditional use; 786 787 (3) Add temporary communication towers meeting the requirements of Section 788 207 as a principal use and those not meeting such requirements as a conditional use; 789 790 (4) Add small wireless facilities meeting the requirements of Section 207 as a 791 permitted use; and 792 793 (5) Add small wireless facilities other than those meeting such requirements as a 794 conditional use. 795 796 . . . . 797 798 ARTICLE 8. BUSINESS DISTRICTS 799 800 . . . . 801 802 Sec. 901. Use regulations. 803 804 (a) Principal and conditional uses. The following chart lists those uses 805 permitted within the B-1 through B-4K Business Districts. Those uses and 806 structures in the respective business districts shall be permitted as either principal 807 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and 808 structures indicated by an "X" shall be prohibited in the respective districts. No 809 uses or structures other than as specified shall be permitted. 810 Use 8-1 8-1A 8-2 8-3 8-4 8-4C 8-4K Building-mounted antennas meeting the X X PPP P X requirements of Section 207 20 Building-mounted antennas other than those CC C C C C C meeting the requirements of Section 207 Communication towers meeting the requirements of Section 232(j) and temporary communication P P PP P P P towers meeting the requirements of Section 207 Communication towers other than those meeting the requirements of Section 232(1)and temporary communication towers, X C C C C C X other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements P P PP P P P of Section 207 Small wireless facilities other than those meeting C ' C CC C CC the requirements of Section 207 — — — — — — 811 812 COMMENT 813 The amendments: 814 815 (1) Allow building-mounted antennas other than those meeting the requirements of 816 Section 207 as a conditional use in all Business Districts; 817 818 (2) Add temporary communication towers meeting the requirements of Section 207 819 as a principal use in all Business Districts and those not meeting such requirements as a 820 conditional use in the B-1A,B-2,B-3,B-4 and B-4C Districts; 821 822 (3) Add small wireless facilities meeting the requirements of Section 207 as a 823 permitted use in all Business Districts; and 824 825 (4) Add small wireless facilities other than those meeting such requirements as a 826 conditional use in all Business Districts. 827 828 . . . . 829 830 ARTICLE 10. INDUSTRIAL DISTRICTS. 831 . . . . 832 833 Sec. 1001. Use regulations. 834 835 (a) Principal and conditional uses. The following chart lists those uses 836 permitted within the I-1 and 1-2 Industrial Districts. Those uses and structures in 21 837 the respective industrial districts shall be permitted as either principal uses 838 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 839 indicated by an "X" shall be prohibited in the respective districts. No uses or 840 structures other than as specified shall be permitted. 841 842 Use 1-1 1-2 843 . . . . 844 845 Building-mounted antennas meeting the 846 requirements of Section 207 P P 847 848 849 Use 1-1 1-2 850 851 852 Building-mounted antennas other than those 853 meeting the requirements of Section 207 C C 854 . . . . 855 856 Communication towers meeting the requirements 857 of Section 232(j) and temporary communication 858 towers meeting the requirements of Section 207 P P 859 860 Communication towers, except as specified above 861 other than those meeting the requirements of Section 862 232(j) and temporary communication towers other 863 than those meeting the requirements of Section 207 C C 864 . . . . 865 866 Small wireless facilities meeting the requirements 867 of Section 207 P P 868 869 Small wireless facilities other than those meeting 870 the requirements of Section 207 C C 871 872 . . . . 873 874 COMMENT 875 The amendments: 876 22 877 (1) Allow building-mounted antennas other than those meeting the requirements of 878 Section 207 as a conditional use in the I-1 and 1-2 Industrial Districts; 879 880 (2) Add temporary communication towers meeting the requirements of Section 207 881 as a principal use in the I-1 and I-2Districts and those not meeting such requirements as a 882 conditional use in those Districts; 883 884 (3) Add small wireless facilities meeting the requirements of Section 207 as a 885 permitted use in the I-1 and I-2 Districts ; and 886 887 (4) Add small wireless facilities other than those meeting such requirements as a 888 conditional use in the I-1 and I-2 Districts. 889 890 . . . . 891 892 ARTICLE 15. RESORT TOURIST DISTRICTS 893 894 A. RT-1 Resort Tourist District 895 . . . . 896 Sec. 1501. Use regulations. 897 (a) The following chart lists those uses permitted within the RT-1 Resort 898 Tourist District as either principal uses, as indicated by a "P" or as conditional 899 uses, as indicated by a "C." Conditional uses shall be subject to the provisions of 900 Part C of Article 2 (section 220 et seq.). No uses or structures other than those 901 specified shall be permitted. All uses, whether principal or conditional, should to 902 the greatest extent possible adhere to the provisions of the Oceanfront Resort 903 Area Design Guidelines. 904 905 . . . . 906 907 Use RT-1 908 909 Building-mounted antennas meeting the requirements 910 of Section 207 P 911 912 Building-mounted antennas other than those meeting 913 the requirements of Section 207 C 914 915 . . . . 916 23 917 Small wireless facilities meeting the requirements 918 of Section 207 919 920 Small wireless facilities other than those meeting 921 the requirements of Section 207 C_ 922 923 . . . . 924 925 Temporary communication towers meeting 926 the requirements of Section 207 P 927 928 Temporary communication towers other than 929 those meeting the requirements of Section 207 C 930 931 COMMENT 932 The amendments allow temporary communication towers meeting the requirements 933 of Section 207 as a principal use in the RT-1 District and those not meeting such 934 requirements as a conditional use in the District, allow small wireless facilities meeting the 935 requirements of Section 207 as a principal use in the District, and small wireless facilities not 936 meeting the requirements of Section 207 as a conditional use in the District. 937 938 B. RT-3 Resort Tourist District 939 . . . . 940 Sec. 1521. Use regulations. 941 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist 942 District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 943 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 944 seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within 945 the RT-3 District may include any principal or conditional uses in combination with any other 946 principal or conditional use. No uses or structures other than those specified shall be 947 permitted. All uses, whether principal or conditional, should to the greatest extent possible 948 adhere to the provisions of the Special Area Design Guidelines (Urban Areas) set forth in the 949 Reference Handbook of the Comprehensive Plan. 950 24 951 Use RT-3 952 . . . . 953 Building-mounted antennas meeting the requirements 954 of Section 207 P 955 Building-mounted antennas other then those meeting 956 the requirements of Section 207 C 957 958 . . . . 959 960 Communication towers C 961 962 . . . . 963 964 Small wireless facilities meeting the requirements 965 of Section 207 P 966 967 968 969 Small wireless facilities other than those meeting 970 the requirements of Section 207 C 971 972 Temporary communication towers meeting the 973 requirements of Section 207 P 974 975 Temporary communication towers other than those 976 meeting the requirements of Section 207 C 977 978 . . . . 979 980 COMMENT 981 The amendments: 982 983 (1) Allow building-mounted antennas other then those meeting the requirements 984 of Section 207 as a conditional use in the RT-3 Resort Tourist District; 985 986 (2) Allow temporary communication towers meeting the requirements of Section 987 207 as a principal use in the RT-3 Resort Tourist District and those not meeting such 988 requirements as a conditional use in the District; 989 25 990 (3) Add small wireless facilities meeting the requirements of Section 207 as a 991 permitted use in the District; and 992 993 (4) Add small wireless facilities other than those meeting such requirements as a 994 conditional use in the District. 995 996 997 998 D. RT-4 RESORT TOURIST DISTRICT 999 1000 . . . . 1001 1002 Sec. 1531. Use regulations. 1003 1004 (a) Principal uses and structures. 1005 1006 (0.5) Antennas, building mounted. Building-mounted antennas meeting the 1007 requirements of Section 207. 1008 1009 . . . . 1010 1011 (4) Small wireless facilities meeting the requirements of Section 207. 1012 1013 . . . . 1014 1015 (c) Conditional uses and structures: Uses and structures hereinafter specified, 1016 subject to compliance with the provisions of part C of article 2 hereof: 1017 1018 . . . . 1019 1020 (7) Small wireless facilities other than those meeting the requirements of 1021 Section 207. 1022 1023 1024 COMMENT 1025 1 026 The amendments allow small wireless facilities meeting the requirements of Section 1027 207 as a principal use in the RT-4 Resort Tourist District and small wireless facilities not 1028 meeting the requirements of Section 207 as a conditional use in the District. 1029 . . . . 1030 1031 26 1032 ARTICLE 22. CENTRAL BUSINESS DISTRICT. 1033 1034 . . . . 1035 1036 B. DEVELOPMENT REGULATIONS 1037 1038 Sec. 2203. Use regulations. 1039 1040 (a) The following chart lists those uses permitted within the Central Business 1041 Core District. Uses and structures shall be allowed either as principal uses, indicated by a "P", 1042 or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be 1043 prohibited, unless allowed by special exception for Alternative Compliance pursuant to 1044 Section 2205. No uses or structures other than as specified herein or as allowed pursuant to 1045 subsection (b) shall be permitted. 1046 1047 Use CBC 1048 1049 Building-mounted antennas meeting the requirements 1050 of Section 207 P 1051 1052 Building-mounted antennas other then those meeting the 1053 requirements of Section 207 C_ 1054 1055 . . . . 1056 1057 Communication towers meeting the requirements of 1058 Section 232(j) and temporary communication towers 1059 meeting the requirements of Section 207 P 1060 1061 Communication towers, except as specified above 1062 not meeting the requirements of Section 232(j) and 1063 temporary communication towers not meeting the 1064 requirements of Section 207 C 1065 . . . . 1066 1067 Small wireless facilities meeting the requirements 1068 of Section 207 _P 1069 1070 Small wireless facilities other than those meeting 1071 the requirements of Section 207 C 1072 27 1073 COMMENT 1074 1075 The amendments: 1076 1077 (1) Allow building-mounted antennas other then those meeting the requirements 1078 of Section 207 as a conditional use in the CBC Central Business Core District; 1079 1080 (2) Allow temporary communication towers meeting the requirements of Section 1081 207 as a principal use in the CBC Central Business Core District and those not meeting such 1082 requirements as a conditional use in the District; 1083 1084 (3) Add small wireless facilities meeting the requirements of Section 207 as a 1085 permitted use in the District; and 1086 1087 (4) Add small wireless facilities other than those meeting such requirements as a 1088 conditional use in the District. 1089 1090 1091 Oceanfront Resort District Form-Based Code 1092 1093 (APPENDIX 1 TO CITY ZONING ORDINANCE) 1094 1095 1096 Chapter 5. Use 1097 1098 Sec. 5.1. General Provisions 1099 5.1.1 Permitted Uses 1100 1101 The permitted use table identifies uses allowed by building type. The key for the 1102 use table is set forth below. 1103 A. Permitted Use (P) 1104 1105 Indicates that the use is permitted by right. 1106 1107 B. Limited Use (L) 1108 1109 Indicates that the use, while permitted by right unless otherwise specified, must 1110 meet the applicable use standard. 1111 1112 C. Conditional Use (C) 28 i I I 1113 1114 Indicates that the use requires approval as a conditional use before it is 1115 allowed. Use standards may also apply. 1116 1117 D. "--" 1118 1119 Indicates that a use is not permitted. 1120 1121 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or 1122 by Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 1123 1124 COMMENT 1125 1126 The section is shown for reference purposes only. 1127 1128 1129 1130 SEC. 5.2. PERMITTED USE TABLE 1131 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 OTHER 1132 1133 . . . . 1134 Building- L See mounted Sec. antenna MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING USE Ground Upper Ground All Ground Upper All Use Floor Floors Floor Floors Floor Floors All Floors Floors Standard OTHER see Communication tower -- -- -- -- -- - -- -- C; Sec 232 Communication tower, temporary, meeting the = = = = = = - - L: see requirements of Section Section 207 207 29 Communication tower, temporary,other than = = = = = = _ - C; see those meeting the Section requirements of Section 207 207.. 1135 1136 . . . . 1137 Small L L L L L L L L See Sec. 207 wireless facility 1138 1139 . . . . 1140 1141 Sec. 5.3. Use Standards 1142 1143 . . . . 1144 5.3.16. Building-Mounted Antenna 1145 1146 Building-mounted antennas meeting the requirements of section 207 are allowed as principal 1147 uses; building-mounted antennas not meeting the requirements of section 207 are allowed as 1148 conditional uses. 1149 1150 5.3.17. Small wireless facility. 1151 1152 Small wireless facilities meeting the requirements of Section 207 are allowed as principal uses, 1153 and small wireless facilities not meeting the requirements of Section 207 are allowed as 1154 conditional uses, on the building types designated in Section 5.2 or on utility poles other than 1155 those in the public right-of-way unless allowed pursuant to franchise or license agreement. No 1156 such facility shall be allowed on a single-family dwelling or duplex. 1157 1158 . . . . 1159 1160 1161 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1162 day of , 2015 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6(...)(1114 /CkCCIA /1 ,....w► , a Planning I:71artment City Attorney's Office 30 II J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS —New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP APRIL 2157 PUBLIC HEARING—Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chamber APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* I II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/07/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YLN A 0 0 O R S 0 R E E ENS NMI 00 T R YS E S DS NND CITY COUNCIL WORKSHOP A. FY 2015-16(Budget) 1. Constitutional Officers a. Commonwealth's Attorney b. Sheriff c. City Treasurer d. Commissioner of the Revenue e. Clerk of Circuit Court 2. Economic Vitality a. Agriculture b. Convention and Visitors Bureau c. Economic Development d. Housing and Neighborhood Preservation e. Strategic Growth Area II/BI/IV/ CLOSED SESSION CERTIFIED 9-0 Y Y Y Y A Y Y Y A Y Y V/VI/E F MINUTES APPROVED 9-0 Y Y Y Y A Y Y Y A Y Y March 17,2015 G/H-1 MAYOR'S PRESENTATION Elizabeth Chupik CHILD ABUSE PREVENTION I-1 PUBLIC HEARINGS No Speakers LEASES OF CITY-OWNED PROPERTY a. 2200 Parks Avenue b. 4136 Cheswick Lane c. Flutterby Kahiau,LLC d. Lisa's Tinker Treasures J-1 Ordinances to AMEND the City Code: a. Section 2-81 re mandatory retirement ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y age CONSENT b. Section 7-59.3 prohibiting signage on ADOPTED,BY 8-1 Y Y Y Y A N Y Y A Y Y bicycles CONSENT c. Section 23-18.1 re Police lines or ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y barricades CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/07/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS HL W O YL N AOOOR S 0 R EE ENS NMI 00 T R YS ES DS NND 2 Ordinances to AUTHORIZE Leases: a. Museum of Contemporary Art ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y at 2200 Parks Ave CONSENT b. Friends of Fury Plantation House,Inc. ADOPTED,BY 8-1 Y Y Y Y AN Y Y A Y Y at 4136 Cheswick Lane CONSENT c. Lisa's Tinker Treasuresat the ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y Farmers Market CONSENT d. Flutterby Kahiau,LLC at the ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y Farmers Market CONSENT 3 Ordinance re 2015 Housing Choice ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y Voucher/Administrative Plan to CONSENT AUTHORIZE the City Manager to EXECUTE Plans HUD 4 Ordinances to ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y ACCEPT/APPROPRIATE: CONSENT a. $237,000 to Sheriff's Office/AUTHORIZE local grant match re communication equipment/ $1,976 re Operation Look-Out/$198 for the Triad Crime Prevention for Seniors Grant b. $116,938 from Va EMS re Four-for- ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y Life Grant program CONSENT c. $14,447 from Virginia Aquarium ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y Foundation for one FIE in Museums CONSENT to be funded by the Foundation d. $3,000 from GEICO to Police Every ADOPTED,BY 9-0 Y Y Y Y A Y Y Y A Y Y 15 Minutes Program CONSENT K-1 MCQ BUILDERS,LLC—1/B.H. DEFERRED 8-0 A Y Y Y A Y Y Y A Y Y VINELAND,LLC Change in Non- INDEFINITELY,BY B Conformity at 1046/1050 Old Dam Neck/ CONSENT S 1037 Dam Neck Roads T DISTRICT 7—PRINCESS ANNE A N E D 2 BACK BAY BREW HOUSE/JOHN APPROVED/ 8-0 Y Y Y Y A Y Y A A Y Y ATKINSON CUP(Craft Brewery)at CONDITIONED,BY B 612 Norfolk Avenue DISTRICT 6 — CONSENT S BEACH T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/07/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YL N A 0 0 OR S 0 R E E ENS NMI 00 T R YS E S DS NND 3 SIMON ACQUISITION II,LLC CITY COUNCIL 7-2 N Y Y Y A Y Y N A Y Y NORFOLK PREMIUM OUTLETS re OVERRULED Comp Plan Consistency re proposed PLANNING roadway connection at Northampton COMMISSION DISTRICT 4—BAYSIDE RECOMMEN- DATION/ ROADWAY INCONSISTENT/ CITY MANAGER NOT ALLOW CONSTRUCTION OF LAKE WRIGHT BOULEVARD IN VIRGINIA BEACH L APPOINTMENTS RESCHEDULED B Y CON S ENS U S BOARD OF BUILDING CODE APPEALS—New Construction PROCESS IMPROVEMENT STEERING COMMTrTbE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD ARTS and HUMANTIIhS Appointed: 2 year 9-0 Y Y Y Y A Y Y Y A Y Y COMMISSION term -04/07/2015— 06/30/2016 Samantha Matson, Junior,Princess Anne High School COMMUNITY SERVICES BOARD Appointed: 3 year 9-0 Y Y Y Y A Y Y Y A Y Y term 05/01/2015— 12/31/2017 Glacey T. Anol,Interested Party GREEN RIBBON COMMTI"1'LE Appointed: 9-0 Y Y Y Y A Y Y Y A Y Y Unexpired term thru 10/31/2015 plus 1 year 11/01/2015— 10/30/2016 Captain Chris Ludford HEALTH SERVICES ADVISORY Appointed: 9-0 Y Y Y Y A Y Y Y A Y Y BOARD Unexpired term thru 03/31/2016 plus 3 years 04/01/2016— 03/31/2019 Betty Rouse;Unexpired term thru 03/31/2018 Jim White, Registered Dietician M/N/O ADJOURNMENT 7:53 PM PUBLIC COMMENT 7:53-8:04 PM 3 Speakers re Croatan 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 04/07/2015 PAGE: 4 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J M S U I P D N 0 K M M S H L W O Y L N A 0 0 0 R S 0 R E E E N S N M I 0 0 T R Y S E S D S N N D 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP APRIL 771 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