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HomeMy WebLinkAboutJULY 11, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GA141A E�4C MAYOR WILLIAM D.SESSOMS,JR.,At-Large ` CA VICE MAYOR LOUIS R.JONES,Bayside-District 4 � - JESSICA P.ABBOTT,Kempsville-District 2 O4 M.BENJAMIN DAVENPORT,At Large / V ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne-District 7 's ?�•'�..,� .,/ SHANNON DS KANE,Rose Hall-District 3 '4,,,y417- JOHN D.MOSS,At Large o, JOHN E.UHRIN,Beach-District 6 0p` 00 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER- DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYA7TORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK -RUTH HODGES FRASER,MMC July 11,2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER BRIEFINGS - Conference Room- 3:30 PM 1. DEWBERRY STUDY - HAZARD ANALYSIS and VULNERABLE AREA IMPACT Thomas M. Leahy, Deputy City Manager Brian Batten, Ph.D., CFM, Senior Coastal Scientist and Project Manager, Dewberry 2. DISPARITY STUDY Taylor Adams, City Purchasing Agent 3. ACCREDITED PARKING ORGANIZATION (APO) Rob Fries, CAPP, Parking Manager—Resort Management 4. ENTERTAINMENT DISTRICT Ronald H. Williams, Jr., Deputy City Manager 5. WILDLIFE REHABILITATION Kevin Kemp, Zoning Administrator—Planning and Community Development II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Eugene K. Austin, II, DD Pastor, Morning Star Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 20, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION Parks and Recreation I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Adjacent to 101 South Independence Boulevard 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION First Colonial and Virginia Beach Boulevard J. ORDINANCES 1. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board re legal services to the School Board and Administration by the Office of the City Attorney for FY 2018 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of property located adjacent to 101 South Independence Boulevard re parking spaces 3. Ordinance to AUTHORIZE acquisition in fee simple for the right-of-way for First Colonial Road and Virginia Beach Boulevard intersection Improvement Project and acquisition of temporary and permanent Easements by Agreement or Condemnation re changes granted May 23, 2006 4. Ordinance to CARRY FORWARD and APPROPRIATE from FY2016-17 $74,750 and TRANSFER$40,000 in FY 2018 re FOIA Software 5. Ordinance to ACCEPT and APPROPRIATE $220,500 in Federal and$24,500 in State Revenue from the Virginia Department of Transportation(VDOT)to Traffic Safety Improvement IV re construction contingencies 6. Ordinance to TRANSFER$424,885 from the General Fund Reserve for Contingencies to the Finance Department re a Disparity Study and department support services K. PLANNING 1. G. KYLE and AMANDA B. GIFT and LEIGHTON P. ROPER, JR., ALBERT L. ROPER, JR. and MOLLY ROPER JENKINS Variance to Section 4.4 (b) of the Subdivision Regulations re single-family dwellings at 1325 Lynnwood Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. MIRASOL, LLC and MIRASOL COMMUNITY ASSOCIATION, INC. Change of Zoning from Conditional R-7.5 Residential to P-1 Preservation re open space at Mirasol Drive, North and South sides of Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. DHW JOINT VENTURE, LLC and MILHWY PROPERTIES LLC, CITY OF VIRGINIA BEACH, CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS II, S & J TRUCK TERMINAL, INC. Conditional Change of Zoning from R-5D Residential Duplex and I -1 Light Industrial to Conditional A-36 Apartment re multi-family units at 5833 Sandpit Road Comprehensive Plan: Burton Station Strategic Growth Area Proposal for 382 units (21 units per acre) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. C & J INVESTORS, LLC and TRUSTEES OF GRACE COMMUNITY CHURCH, NIANZA EMORY WALLACE, II and CRESSLER LASALLE WALLACE Conditional Change of Zoning from R-10 Residential to PD-H2 with underlying A-12 Apartment District re townhouse dwellings at 1725 and 1733 Salem Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. INFOTEC, LLC and THE RUNNYMEDE CORPORATION Conditional Use Permit re Business and Vocational School at 100 Constitution Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH — An Ordinance to AMEND Sections 111, 207, 232, 310 (Preservation District), 401(Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts), 701 (Hotel District), 801(Office Districts), 901 (Business Districts), 1001(Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core District), and the Oceanfront Resort District Form-based Code Sections 5.2 and 5.3.17 re Small Wireless facilities, and definitions,requirements and uses RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH — An Ordinance to AMEND Section 103 of the City Zoning Ordinance(CZO) re notices to property owners of Appeals to the Board of Zoning Appeals RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION COMMUNITY COALITION BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************************ CITY COUNCIL ONE DAY RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center September 12, 2017 8:30 AM to 3:30 PM 7/11/17 jag CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GANv+B/ gc MAYOR WILLIAM D.SESSOMS,JR.,At-Large yL VICE MAYOR LOUIS R.JONES,Bayside District 4 c JESSICA P.ABBOTT Kempsville-District 2 �r Z M.BENJAMIN DAVENPORT,At Large V �� ll S ROBERT M DYER,Centerville-District I BARBARA M HENLEY Princess Anne-District 7 SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large JOHN E.UHRIN,Beach-District 6 °U:"•,° ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC July 11,2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER BRIEFINGS - Conference Room- 3:30 PM 1. DEWBERRY STUDY - HAZARD ANALYSIS and VULNERABLE AREA IMPACT Thomas M. Leahy, Deputy City Manager Brian Bratten, Ph.D., CFM, Senior Coastal Scientist and Project Manager, Dewberry 2. DISPARITY STUDY Taylor Adams, City Purchasing Agent 3. ACCREDITED PARKING ORGANIZATION (APO) Rob Fries, CAPP, Parking Manager—Resort Management 4. ENTERTAINMENT DISTRICT Ronald H. Williams, Jr., Deputy City Manager 5. WILDLIFE REHABILITATION Kevin Kemp, Zoning Administrator—Planning and Community Development II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Eugene K. Austin, II, DD Pastor, Morning Star Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 20, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION Parks and Recreation 61N1A•BFAC o ,,,__ _rte.11-1,..... �. t ~ _ 1. lir OF OUR RAi'ON lfirnclamwtinn Whereas Parks and recreation programs are an integral part of the City of'Virginia Beach with 266 parks and parf facilities seven community recreation centers, 7,069 acres of parkland and open space; and Whereas: 'Fifty-eight percent of the community resides within a half-mile walkto a park and Wlrrereas Parks and recreation programs are vitally important to establishing and maintaining the quality of fife in our community, ensuring the health of all citizens, programming active and passive activities for citizens, and contributing to the economic and environmental well-being of our community;and Whereas: Parks and recreation is an integral part of Council's vision, contributes to the achievement of the goals in the Sustainability Plan, and supports the Vr6an Forest[Management Plan;and Whereas: Parks and recreation programs provide therapeutic recreation and inclusion services for individuals with cognitive or physical needs;and Whereas: 'The Parks and Recreation Department is the largest youth development provider in the city serving over 7,000 children annually;and Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction;and Whereas: Parks and natural areas improve water quality, assist with storm water and sea level rise, improve the quality of the air we breathe,and produce habitat for wildlife;and Whereas: Parks and natural areas and open space provides a place for children and adults to connect with nature and recreate outdoors;;and Whereas: 'The Parks and Wecreation(Department is a CAN[AAccreditedagency. Now, Therefore,I, William D.Sessoms,Jr.,S'fayorof the City of'Virginia(Beach,do hereby Proclaim: Jury 2017 (Parks and jcreati nn Month In Virginia Beach, and I encourage all citizens, city members and civic organizations to join me in supporting our Parks and q4creation programs by visiting a community recreation center,parkor natural-area. In'Witness'W1iereof, I have hereunto set my hand and caused the Official Seat of the City of Virginia(Beach, Virginia, to be affixed this Eleventh day of July, Two'Thousand Seventeen. - PAII ji44‘, --- William D.Sessoms,Jr. . [ayor I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Adjacent to 101 South Independence Boulevard 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION First Colonial and Virginia Beach Boulevard .-sue 41.i PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,July 11, 2017, at 6:00 p.m. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property: Approximately 4,860 sq. ft. (0.11 acre)consisting of parking spaces located on a portion of City-property (GPIN: 1467-13- 1924) adjacent to 101 S. Independence Blvd. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired, call:TDD only 711(TDD - Telephonic Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Municipal Center, Bldg. 18, Room 228, phone number (757) 385-5659. All interested parties are invit to attend. Ruth Hodg r,MMC City Clerk BEACON:July 2,2017 r NWIAel2 r 'ate,-'`,'J, PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation,of right-of-way and temporary and permanent easements necessary for the First Colonial Road/Virginia Beach Boulevard Intersection Improvements Project (CIP *2-072), Tuesday, July 11,2017 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building#1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: 'FIRST COLONIAL ROAD / VIRGINIA BEACH BOULEVARD INTERSECTION IMPROVEMENTS CIP #2-072,UTILITY CIP#5-140,CIP#6- 067" and are on file in the Public Works Department, Engineering Division, File Room.The purpose of this public hearing will be to obtain public input regarding authorizing condemnation, if necessary,for this project as some acquisition areas changed since the 2006 adoption of the original ordinance authorizing acquisition by agreement or condemnation for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Real Estate Office,Building#2,Room 392,at the Virginia Beach Municipal Center,(757)385-4161. All interested parties are invite. o attend. Ruth H..::d' a •r,MMC City Clerk BEACON:July 2,2017 J. ORDINANCES 1. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board re legal services to the School Board and Administration by the Office of the City Attorney for FY 2018 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of property located adjacent to 101 South Independence Boulevard re parking spaces 3. Ordinance to AUTHORIZE acquisition in fee simple for the right-of-way for First Colonial Road and Virginia Beach Boulevard intersection Improvement Project and acquisition of temporary and permanent Easements by Agreement or Condemnation re changes granted May 23, 2006 4. Ordinance to CARRY FORWARD and APPROPRIATE from FY2016-17 $74,750 and TRANSFER$40,000 in FY 2018 re FOIA Software 5. Ordinance to ACCEPT and APPROPRIATE $220,500 in Federal and$24,500 in State Revenue from the Virginia Department of Transportation(VDOT)to Traffic Safety Improvement IV re construction contingencies 6. Ordinance to TRANSFER$424,885 from the General Fund Reserve for Contingencies to the Finance Department re a Disparity Study and department support services S GNU "�s(p) O E7 y S� 4` � �;, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2018 MEETING DATE: July 11, 2017 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 20th, the School Board approved the attached Cooperative Agreement. • Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 5,775 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (Dannielle Hall-Mclvor), one Assistant City Attorney (Matthew R. Simmons), and one paralegal (Anna Cleveland) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. • Public Information: The ordinance is to be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting Dep , - ' .ency: City Attorneyw n ) ,Vv�" City Manager:* 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2018 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2018. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2018, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney Mark D. Stiles CA14092 R-1 June 9, 2017 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2018 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the following staffing during FY 2018 to serve as in house counsel under this Agreement. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall- McIvor, Associate City Attorney, and Matthew R. Simmons, Assistant City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one paralegal, Anna Cleveland, on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The City Attorney will be provide legal assistance from the other attorneys and staff members in the Office based upon their various areas of expertise with Page 3 of 7 school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Page 4 of 7 Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the Page 5 of 7 School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $553,694.33 from its FY 2018 Operating Budget to the FY 2018 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, organizational dues, and certain administrative costs of attorneys and staff members assigned to handle matters under this Agreement. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2017 and ends June 30, 2018, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: 'cJ,P ° n artel-ge2 . Beverl Anderson, Chairwoman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Juste- 2..0 , 2017. By: at-e ,vt. School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2017. By: City Clerk Page 7 of 7 ciD w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five (5) Years for a Portion of City-Owned Property Located adjacent to 101 S. Independence Blvd. MEETING DATE: July 11, 2017 • Background: Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill & Bar ("Blazin' Wings"), is leasing property located at 101 S. Independence Blvd. (GPIN: 1477- 43-1890), which is adjacent to land owned by the City of Virginia Beach (the "City") known as the former Norfolk Southern Right-of-Way (the "City Property"). Blazin' Wings desires to lease a 4,860 sq. ft. (0.11 ac.) portion of the City Property (the "Premises"), consisting of paved parking spaces constructed prior to the City's acquisition of the City Property, to be used for employee and guest parking, and for no other purpose. • Considerations: This lease would be for a term of five (5) years. Blazin' Wings has agreed to pay the City rent in the amount of $510.00 per month ($6,120.00 annually) for the term. The City has the right to terminate the lease upon ninety (90) days' written notice. See attached Summary of Terms for more specific terms. • Public Information: Advertisement of Public Hearing. Advertisement of City Council Agenda. • Alternatives: Approve terms of the lease agreement as presented, change the terms of the lease agreement or deny leasing the Premises. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Disclosure Statement Form Recommended Action: Approval Submitting Dep• • me t/A• -ncy: Public Works / Facilities Management Ti) iplk City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS FOR CITY-OWNED PROPERTY LOCATED 4 ADJACENT TO 101 S. INDEPENDENCE BVLD. 5 6 WHEREAS, the City of Virginia Beach (the "City") owns land known as the 7 former Norfolk Southern Right-of-Way (the "City Property"); 8 9 WHEREAS, Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill & Bar ("Blazin' 10 Wings"), leases property known as 101 S. Independence Blvd. (GPIN: 1477-43- 11 1890), located adjacent to the City Property; 12 13 WHEREAS, Blazin' Wings desires to lease a 4,860 sq. ft. (0.11 acre) portion 14 of the City Property, consisting of paved parking spaces (the "Premises"); 15 16 WHEREAS, Blazin' Wings has agreed to pay the City $510.00 per month 17 ($6,120.00 annually) for the use of the Premises for the term; and 18 19 WHEREAS, the Premises would be used for employee and guest parking, 20 and for no other purpose. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 five (5) years, between Blazin' Wings, Inc. and the City of Virginia Beach for the 27 Premises, in accordance with the Summary of Terms attached hereto as Exhibit A, 28 and made a part hereof, and such other terms, conditions or modifications as may 29 be acceptable to the City Manager and in a form deemed satisfactory by the City 3 0 Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 33 day of , 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Lua4,q. 1/kai > 54 CityAttorneyPublic Wor / Facy ft ies Management CA13881 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D031\P006\00004471.DOC R-1 June 27, 2017 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED ADJACENT TO 101 S. INDEPENDENCE BLVD. LESSOR: City of Virginia Beach (the "City") LESSEE: Blazin' Wings, Inc. (t/a Buffalo Wild Wings Grill & Bar) PREMISES: Approximately 4,860 sq. ft. (0.11 acre) of City-owned property located adjacent to 101 S. Independence Blvd, consisting of paved parking spaces TERM: November 1, 2017 through October 31, 2022 (the "Term") RENT: $510.00 per month ($6,120.00 annually) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for employees and guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety (90) days' written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO BLAZIN' WINGS,INC. (APPROX. 4,860 sI) 1 t 1 BUIL-do 11 i1+1 N4 lugs'It t.r:1rl:1 I H -- 1 ._ 1 _ i1111511111111111.111L11:-.-1,1:.1.. . 4...., ,, ...4 416-46 4• 0 lir* , ,tr,..4.1,,,., I : , .- ,, -..., _ f i �- _it i F i '� `_ _.r^"`i , ,tC: j .4 II + 1fff I ' t" .r.P`i w Y exp !K..•, ..,,�. . =t&t — iii Va Virginia Beach APPLICANT'S NAME �3laZio W I VT1 r-v C DISCLOSURE STATEMENT FORM 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, or 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 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: o REVISIONS SUBMITTED DATE: Virginia Beach ❑ 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 other unincorporated organization. (A) List the Applicant's name:b_k th._ lY_ .4_ r_t___ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 5ee. a1tnd d Lt51 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Ste.- a-+tt&d A 1is4- See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X) Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. p (A) List the Property Owner's name: Cao4 V it majeQ[ch If an LLC, list the member's •J names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 \\B Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of your tax return C ® Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than C1.54 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed rxi purchaser of the subject property (identify purchaser(s) and purchaser's service providers) [� ® Construction Contractors ►,1 Engineers / Surveyors/ Agents Financing (include current n ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 tS- Virginia Beach _ 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. 1-2.-m11 y c Pec t ev, V,Ce Pv ,alta- 51017 APPLICAN 'S SIGNTORE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 OFFICERS OF BLAZIN WINGS, INC. Sally J. Wold—President, CEO,Chairman & Interim CFO James M.Schmidt—Vice President Emily C. Decker—Vice President I Buffalo Wild Wings,Inc A Minnesota Corporation Incorporated.12/19/1995 Buffalo Wild Wings Real Wing,Mc. BWLO Global I,Inc.pill I 8WL0 Global ll,Mc. BMxln Wings,Inc. BWW}essay Wirgs,Inc. Taco Wild.Inc. International,Inc. A Kansas Corporation A Minnemea Corporation A Minnesota Corporation 0.n Onro Corporation A Minnesota Corporation 1999 Incorporated 7Y.i7l1998 A Naw JersaY Caryoraao^ A Manesota CorpomGan MCofemale:I 1(18/2010 Incorporated+/13!2010 Incorpotaltb 3718/2001 In[otporelaJ.1210971999 .. Incotpofaled 8110!X110 Irlcorporatad 8/118014 b BW W Lea Park,LLC 90% a Maryland LLC; Rush Taco.Inc. rormed 3/09/2011 - — A Minnesota Corporation Inco/poraIed.8/11!2014 LLC and L Armed 31091201 MN ' Nutla�,1[,s/�8 ,LLC in c iprmed.3i26I2/0 -- Kral — Corporate/Limited Liability ewes ayAioc, Li.c FAA sotaL Partnership 2717 12416214 \' O600/nem Ennis Incl in plat Y Flow-through Screamin/y1(11$tnl g.ICC U.S.(White) A WYomngLCs r:4mad8/27/20 — 'Effective as of 12/28/2015 Foreign(Blue) �, ,. ,.s J '41K CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the acquisition of property in fee simple for right-of-way for the First Colonial RoadNirginia Beach Boulevard Intersection Improvements Project (CIP 2-072) and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted. MEETING DATE: July 11, 2017 • Background: On May 23, 2006, Council adopted an Ordinance (ORD-2943D) (the "2006 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the First Colonial RoadNirginia Beach Boulevard Intersection Improvement Project, CIP 2-072 (the "Project"). The intersection of First Colonial Road and Virginia Beach Boulevard is being reconfigured under CIP 2-072, because the intersection is a major link between the northern and southern parts of the City and handles approximately 60,000 vehicles per day. The Project will increase the capacity of the intersection with the addition of turn lanes and signalization improvements. In addition, the project will provide for enhanced aesthetics and utility betterments. The Project complements and enhances the Oceana Boulevard project constructed by VDOT in the early 2000's and the future VDOT Laskin Road Phase I (CIP 2-156) project that will reconstruct the First Colonial corridor northbound through the Laskin Road/First Colonial Road intersection. Since the 2006 Ordinance was adopted, Dominion Virginia Power has redesigned their utility relocations. This redesign removes the utility poles along First Colonial Road between 1-264 and Virginia Beach Blvd and replaces them with underground facilities. The use of underground facilities will require additional easement area for ground-mounted electrical equipment on 5 parcels for the Project, and some easement areas authorized for acquisition by the 2006 Ordinance are no longer needed. None of the easement areas no longer needed have been acquired by the City, and the plats and plans for the Project have been amended to remove these areas. In the intervening decade there were also other needed refinements to the area. A Location Map is attached showing the changes to the easement areas. • Considerations: The major design features of the Project, as approved in the 2006 Ordinance have not changed. • Alternatives: Do not adopt the Ordinance and risk delaying the Project • Recommendation: Approval. • Attachments: Ordinance 2943D, Location Map (dated 5/16/06), Ordinance, and Location Map Showing New Easements Recommended Action: Approval Submitting Departme , ' • -ncy: Public Works/Engineering & Public Works/Real Estate by City Manage 411041 1`+.t. 1 AN ORDINANCE AUTHORIZING THE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR THE FIRST COLONIAL ROAD/VIRGINIA BEACH 4 BOULEVARD INTERSECTION IMPROVEMENTS 5 PROJECT (CIP 2-072) AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS, 7 EITHER BY AGREEMENT OR CONDEMNATION, 8 REFLECTING AREAS CHANGED SINCE PREVIOUS 9 AUTHORITY WAS GRANTED 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important roadway project for public use, 13 to improve transportation within the City and for other related public purposes for the 14 preservation of the safety, health, peace, good order, comfort, convenience, and for the 15 welfare of the people in the City of Virginia Beach; 16 17 WHEREAS, on May 23, 2006, City Council adopted Ordinance 2943D approving the 18 major design features and authorizing the acquisition of property by agreement or 19 condemnation for this project; 20 21 WHEREAS, due to utility design changes, it is necessary to amend City Council's 22 authorization to acquire property and easements either by agreement or condemnation to 23 reflect updates to the plats and plans since Ordinance 2943D was adopted; and 24 25 WHEREAS, the major design features of this project as previously approved have 26 not changed. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 34 fee simple, including temporary and permanent easements and entire tracts upon which 35 such rights-of-way or easements shall be located within the limitations and conditions of 36 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the"Property"), as shown 37 on the plans entitled "FIRST COLONIAL ROAD / VIRGINIA BEACH BOULEVARD 38 INTERSECTION IMPROVEMENTS CIP #2-072, UTILITY CIP #5-140, CIP #6-067" (the 39 "Project") and more specifically described on the acquisition plats for the Project (plats and 40 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 41 Division, Department of Public Works, City of Virginia Beach, Virginia, and to the extent the 42 Plans have changed since City Council adopted Ordinance 2943D, Council authorizes any 43 new areas to be acquired and withdraws its authorization to exercise condemnation for any 44 proposed easements deleted from the Plans. 45 46 Section 2. That the City Manager is hereby authorized to make or cause to be 47 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 48 reasonable offer to the owners or persons having an interest in said Property. If refused, 49 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 50 5I Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 52 , 2017. CA13883 PREPARED: 6/27/17 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d 014\p025\00378437.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM (4. .caPUWORKS/REAL ESTATE CITY A ORNEY ORD 294 3D 1 AN ORDINANCE TO AUTHORIZE ,)/ .. 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT OF WAY FOR FIRST 4 COLONIAL ROAD / VIRGINIA BEACH 5 BOULEVARD INTERSECTION IMPROVEMENTS, 6 CIP #2-072, UTILITY CIP #5-140, CIP 7 #6-067 AND THE ACQUISITION OF a TEMPORARY AND PERMANENT EASEMENTS, 9 EITHER BY AGREEMENT OR CONDEMNATION 10 11 12 WHEREAS, in the opinion of the Council of the City of Virginia 13 Beach, Virginia, a public necessity exists for the construction of 14 this important roadway project to improve transportation within the 15 City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and 17 for the welfare of the people in the City of Virginia Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ( 19 VIRGINIA BEACH, VIRGINIA: 20 Section 1. That the City Council authorizes, the acquisition 21 by purchase or condemnation pursuant to Sections 15.2-1901, et 22 seq. , Sections 33 .1-89, et seq. , and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of all that certain real property in 24 fee simple, including temporary and permanent easements and entire 25 tracts upon which such rights of way or easements shall be located, 26 within the limitations and conditions of Section 33 :1-91 of the 27 Code of Virginia of 1950, as amended (the "Property") , as shown on 28 the plans entitled "First Colonial Road / Virginia Beach Boulevard 29 Intersection Improvements CIP #2-072, Utility CIP 45-140, CIP 46- 30 067, " (the "Project" ) and more specifically described on the i 31 acquisition plats for the Project (plats and plans collectively 32 referred to as the "Plans") , the Plans being on file in the 33 Engineering Division, Department of Public Works, City of Virginia 34 Beach, Virginia. 35 Section 2. That the City Manager is hereby authorized to make 36 or cause to be made on behalf of the City of Virginia Beach, to the 37 extent that funds are available, a reasonable offer to the owners 3e or persons having an interest in said Property. If refused, the 39 City Attorney is hereby authorized to institute proceedings to 40 condemn said Property. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the Z' day of , 2006. CA 121'5. PREPARED: 03/22/06 x;/oid/realestate/acq/w-c/acq ord APPROVED AS TO CONTENT CA9875 FColonial. Ord_doc tip 4. C. (44,0$1, .r e ITAT3TJR 110 1?eJ G3 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM /J /24 (‘"1 CITY ATTORNEY PAW Cain Oata\Teetplates\Seal Estate totma\COYNCIL =MAL MO\Ordivtaee tor Project, that include entire Tekae.doc ti- t:--- Ro� NO0,,S9,� E"-- W� r r VIRG IAB 41,0- iidai __ ____ r----c_i__---: _____,____,---::ip, ,..__ -0--sy P1P 'SIT .„.____,-----_-1 ____-x = * i. a C � ‘ SAM NECK D =``-=-r '` f t o. 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CHL`. ice£., : i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $74,750 and to Transfer $40,000 for the Purchase of FOIA Software MEETING DATE: July 11, 2017 • Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. However, funds that were approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the fiscal year lapse by operation of law. The Office of the City Attorney operates an award-winning Freedom of Information Office. In FY 2016-17, the City Attorney undertook a procurement process for software to assist in responding to requests for public records, and that procurement process was not complete prior to the close of the fiscal year. The intended software will enable the City to share information regarding open records with the public via a web portal. It will assist the public by providing intuitive searches to ease location of publicly available documents in lieu of individual requests for documents through the City's FOIA Office. • Considerations: This funding request includes the $74,750 included in FY 2016-17 and a transfer of $40,000 in FY18. The additional funding is required for additional features recommended by the City's Information Technology Department. These include: increased data storage; single sign-on capability; integration with vbgov.com website; and a test environment. • Public Information: Public information will be handled through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Dept/A• -ncy: Office of the City Attorney City Manager: `, 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $74,750 AND TO TRANSFER $40,000 3 FOR THE PURCHASE OF FOIA SOFTWARE 4 5 WHEREAS, funding totaling $74,750 was unexpended at the close of the FY 6 2016-17 and requires re-appropriation to achieve the purpose for which such funds 7 were included in the FY 2016-17 Operating Budget. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. $74,750 is hereby appropriated to the FY 2017-18 Operating Budget of 13 the Office of the City Attorney for the initial purchase costs for Freedom of Information 14 Act software, with revenue from the General Fund fund balance increased accordingly. 15 16 2. $40,000 is hereby transferred from the General Fund regular reserve for 17 contingencies to the FY17-18 Operating Budget of the Office of the City Attorney for the 18 initial cost of Freedom of Information Act software. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Ha eyer Budget and Management Services City Attorney's Office CA14096 R-1 June 28, 2017 ."1 =r Vis; c:c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation to CIP #2-111, Traffic Safety Improvements IV MEETING DATE: July 11, 2017 ■ Background: The Highway Safety Improvement Program (HSIP) was authorized in the federal transportation bill — "Moving Ahead for Progress in the 21st Century", also known as MAP-21. HSIP is structured and funded to make significant progress in reducing highway fatalities and severe injuries on all public roads through infrastructure and operational engineering improvements. HSIP is intended to help local sponsors fund community based projects for roadway safety. The main goal of the HSIP is to reduce crashes in order to enhance Virginia's vision that everyone should Arrive Alive. HSIP is part of the core federal-aid highway program. It is not a grant program, and funds are only available on a reimbursement basis with VDOT providing the 10% local match. In September 2016, the City received $319,950 in HSIP allocations and $35,550 in state funds (required 10% match) for a Flashing Yellow Arrow Left Turn Signal project. The Yellow Arrow Project cost increased, and VDOT recently approved an additional $220,500 in HSIP allocations and an additional $24,500 in state funds. The updated total project cost for this project is now $600,500. The revised project scope will change protected-permissive left turn signals to flashing yellow arrow left turn signal phasing at 21 intersections along seven urban minor arterial corridors throughout the City. Eight maps are attached to this item to show the proposed locations. This project will greatly improve the safety by reducing left turn movement crashes at almost two dozen signalized intersections. • Considerations: This project is included in the Traffic Safety Improvements IV program (CIP 2-111). There is sufficient local funding in Capital Project 2-111 to cover construction contingencies. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance; Maps (8) Recommended Action: Approval Submitting D part, - ' gency: Public Works 1 tV City Manage • 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION TO CIP #2-111, TRAFFIC SAFETY 4 IMPROVEMENTS IV 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That $220,500 in federal revenue and $24,500 in state revenue is hereby 10 accepted from the Virginia Department of Transportation's Highway Safety 11 Improvement Program and appropriated, with revenues increased accordingly, to CIP 12 #2-111, Traffic Safety Improvements IV, in the FY 2017-18 Capital Improvement 13 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C n 1 - David Bradley i ana - .rmeyer Budget and Management Services City Attorney's Office CA14095 R-1 June 27, 2017 ria o J� 'ts 2014 ADT=29,528 vpd 11011, Gree' Proposed Flashing Yellow Arrow Location sow Holland Road from Windsor Oaks Boulevard to Green Run Boulevard 1. N v ` 0 0 v a protect Limas 2014 ADT= 16,034 vpd I) Alit kfi • f' 4.1 Proposed Flashing Yellow Arrow Location \! .It'ctii .l North Witchduck Road from Baker Road to Sullivan Drive 2 N *V\ ,0 ,off. c s:„ 2014 ADT=37,200 vpd )411 � Proposed Flashing Yellow Arrow Location 63C m South Independence Boulevard from Green Meadows Boulevard to Dahlia Drive 3 .. .. 11 o xv el I .4 41 * OS SI r , N t dle "-Jo44, I, 4'6 4. 4: ( ' t: "j/IYI .41/1 .. Centre ,000NNA1)... 4"54:v. 0 Ere n 0.1 r-0' I rite cQ, r: ,..* r . , S, VII C ..._ .N..", A.\> •42,•••- , 1.toN ..... , 1/ 6 , 'R-cCt) -.> 74 tz)(64S.6 FFN- ) < 2014 ADT= 23,822 vod 14,7:,01:4 411 Proposed Flashing Yellow Arrow Location Baxter Road from Kenley Road to Centre Pointe Drive 4 N Z AIL / 2014 ADT=31,244 void .•a ee! ���s I. < 2015 ADT=30,490 vpd 4.1 Proposed Flashing Yellow Arrow Location Princess Anne Road from Edwin Drive to Green Meadows Drive/Timberlake Drive 5 , -'-' 5oxi°RD RD ROIF4W1.0.DN •''''"''' Sat viii '0 _ Woods PICASSO DR M - II) t.rt et - L. 2014 ADT= 17,317 vod __------)' so t,. PrOlect Limits .. . pvcrcjitra .4 7.4-1.,,,,,,,mo:cs ,....• 73 V jr 13 o• Lynnhaven Parkway o 411 c. 4----------40 ,qt.StAI6.14.C."As4' 0.• 1. ( ON 01144 4 4 , co clor-N°'' Z. t''.i 1,..'Li it,vie g. Q 4111 Proposed Flashing Yellow Arrow Location,' 200m Lynnhaven Parkway from Pleasant Valley Road to Round Hill Drive 6 „\\...;',-: . a1 fie. f \ CRESCENT POIti1E L?f • r ., I� ` 1. ' fir L \ S" vi ' /` ,,,,4:4)7A • ',..',c,' ' \ ' � \ \ --. ' ' *ft” L ; ,� 1 ,, ,t, r lio• ,, , SUM SIERRA ARCH .: l\)'' « F w + > YNk NAVkH T"KhY -- P lrMAr1�'vt r� M:,�rn '` ' - WETH'TFoNGTOM oT \ ,,- ------ - -4,074Tettl "--- 74, :,.: ;..‘.0. , '' ,'' ,-;-- , _, — t ' ' ' I iiiif'//` �? tipy ' fry n s a ic• Aram , to 1lr *' . , i,.:7:',.; ,Ir,,,t, ".1,Z,,,A.;,,,,,/ „;.;..., -7'''' ''' ''' ' ' la gni '..,. ', , -- ,.A , I." Ni. ► \61' ''2t_',,',:4z-.-4-l'l,'i•kkl/"r fix' Proposed Flashing Yellow Arrow lbcation.4 I .,-"1- , ..J , 4 - — _ t� ,``V v r Lynnhaven Parkway and Rosemont Road 7 - N m o cr E �,. 0 1 et S o et < 'o . 0. 3 0i N 0 II) 0- 2014 ADT=41,087 vnd > \/ `{Srace�Oad �O ill Proposed Flashing Yellow Arrow Location First Colonial Road from Wolfsnare Road to Mill Dam Road 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $424,885 from the General Fund Reserve for Contingencies to the Finance Department to Pay for a Disparity Study and Department Support Services MEETING DATE: July 11, 2017 • Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council. Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. In 2008, the City Council adopted a 10% aspirational goal for minority participation in City contracts. In 2011, the City Council adopted a bond waiver program to remove a barrier to participation in City contracts. Later in 2011, the City Council enacted the Small Business Enhancement Program to focus on increasing small business participation in City contracts. The small business classification includes a larger proportion of minority-owned businesses than large and small businesses combined, so many small business programs have the indirect benefit of increasing minority business participation. The State manages the classification regime of small, woman, and minority-owned businesses, and collectively, these classifications are referred to as SWaM businesses. The City Council was briefed on the status of the City's SWaM Business Program on January 10, 2017. The Council was further briefed as to content and purpose of disparity studies on January 24th. At the Council's February retreat, the Council included a disparity study as a near-term goal. On February 21st, the Council was informed of the issuance of a request for proposals for a disparity study. The Council clarified the intent of the scope of the disparity study on March 14th, which included consolidating the scope of work to include all phases of the disparity study to be awarded together. ■ Considerations: City staff received and evaluated the proposals for the disparity study. The City received four proposals from highly qualified national firms. The City issued its intent to award the contract for the disparity study on June 19th. The period of time for protests has concluded, and this request for funding will allow the City to execute the contract for the disparity study ($389,885). The funding requested here includes $35,000 for contracted manpower to complete the work required of City staff and meet study deadlines. As of July 1, the balance in the General Fund Regular Reserve for Contingencies account is $1,210,690 prior to the use of funds requested in this agenda. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa• en • = -ncy: Finance Department W City Manager: ';� 1 AN ORDINANCE TO TRANSFER $424,885 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 FINANCE DEPARTMENT TO PAY FOR A DISPARITY 4 STUDY AND DEPARTMENT SUPPORT RESOURCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $424,885 is hereby transferred from the General Fund Reserve for Contingencies to 10 the Finance Department to pay for a Disparity Study and department support resources. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /1 S M2 - David Bradley Dana armeyer Budget and Management Services City Attorney's Office CA14094 R-2 June 26, 2017 K. PLANNING 1. G. KYLE and AMANDA B. GIFT and LEIGHTON P. ROPER, JR., ALBERT L. ROPER, JR. and MOLLY ROPER JENKINS Variance to Section 4.4 (b) of the Subdivision Regulations re single-family dwellings at 1325 Lynnwood Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. MIRASOL, LLC and MIRASOL COMMUNITY ASSOCIATION, INC. Change of Zoning from Conditional R-7.5 Residential to P-1 Preservation re open space at Mirasol Drive, North and South sides of Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. DHW JOINT VENTURE, LLC and MILHWY PROPERTIES LLC, CITY OF VIRGINIA BEACH, CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS II, S & J TRUCK TERMINAL, INC. Conditional Change of Zoning from R-5D Residential Duplex and I -1 Light Industrial to Conditional A-36 Apartment re multi-family units at 5833 Sandpit Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. C & J INVESTORS, LLC and TRUSTEES OF GRACE COMMUNITY CHURCH, NIANZA EMORY WALLACE, II and CRESSLER LASALLE WALLACE Conditional Change of Zoning from R-10 Residential to PD-H2 with underlying A-12 Apartment District re townhouse dwellings at 1725 and 1733 Salem Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. INFOTEC, LLC and THE RUNNYMEDE CORPORATION Conditional Use Permit re Business and Vocational School at 100 Constitution Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH—An Ordinance to AMEND the City Zoning Ordinance (CZO) re Sections 111, 207, 232, 310 (Preservation District), 401(Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts), 701 (Hotel District), 801(Office Districts), 901 (Business Districts), 1001(Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core District), and the Oceanfront Resort District Form-based Code Sections 5.2 and 5.3.17 re Small Wireless facilities, and definitions, requirements and uses RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH — An Ordinance to AMEND Section 103 of the City Zoning Ordinance(CZO) re notices to property owners of Appeals to the Board of Zoning Appeals RECOMMENDATION: APPROVAL s y i ��it�%e50o x NOTICE OF PUBLIC HEARING The regular meeting of the City Council of Copies of the proposed ordinances, the City of Virginia Beach will be held in resolutions and amendments are on file the Council Chamber of the City Hall and may be examined in the Department Building, Municipal Center, Virginia of Planning or online at Beach, Virginia, on Tuesday, July 11, htto://www.vbgov.com/nc. 2017 at 6:00 p.m., at which time the For information call 385-4621. following applications will be heard: If you are physically disabled or visually • DISTRICT 1-CENTERVILLE Impaired and need assistance at this C&J Investors, LLC/Trustees of Grace meeting, please call the CITY CLERKS Community Church, Nianza Emory OFFICE at 385.4303; Hearing impaired Wallace, II & Cressler LaSalle Wallace call 711 (Virginia Relay -Telephone Conditional Rezoning (R-10 Residential Device for the Deaf). to PD-H2 with underlying A-12 Apartment District) 1725 & 1733 Salem Road BEACON:JUNE 25,2017&JULY 2, (GPINS 1475832693;1475837614) 2017-1 TIME EACH. DISTRICT 5-LYNNHAVEN G. Kyle&Amanda B. Gift/ Leighton P. Roper,Jr., Albert L. Roper, Jr. & Molly Roper Jenkins [Owners] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations)1325 Lynnwood Drive(GPIN 1488881351) DISTRICT 5-LYNNHAVEN Infotec, LLC /The Runnymede Corporation Conditional Use Permit (Business and Vocational School) 100 Constitution Drive(GPIN 1477633810) DISTRICT 4-BAYSIDE DHW Joint Venture, LLC/MILHW1 Properties LLC, City of Virginia Beach, Carlesta E. Spearman and Ralph B. Saunders II,S&1 Truck Terminal, Inc. Conditional Rezoni • (R-5D Residential Duplex & I -1 Light Industrial to Conditional A-36 Apartment) 5833 Sandpit Road& Nearby Parcels(GPINs 1459805796, 1459815016, 1459816140, 1459817013, 1459818232, 1459910373, 1459912208, 1459900680, 1459902964, 1459914202) Comprehensive Plan: Burton Station Strategic Growth Area Proposal for 382 units(21 units per acre) DISTRICT 7-PRINCESS ANNE Mirasol, LLC/ Mirasol Community Association, Inc. Change of Zoning (Conditional R-7.5 Residential to P-1 Preservation) Mirasol Drive, North & South sides of Nimmo Parkway(GPINS 2414741539;2414758288) CITY OF VIRGINIA BEACH- An Ordinance to Amend Sections 111, 207, 232, 310 (Preservation District), 401(Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts),701(Hotel District),801(Office Districts), 901 (Business Districts), 1001(Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core District), and the Oceanfront Resort District Form-based Code Sections 5.2 and 5.3.17 Pertaining to Small Wireless Facilities and Definitions,Requirements and Uses. CITY OF VIRGINIA BEACH- An Ordinance to amend Section 103 of the City Zoning Ordinance pertaining to notice to property owners of ppeals to the Board of Zoning Appeal All interested partie a invited to attend. uth Hodges Fraser,MMC City Clerk \IV/ & / D c E-rir _ r ED ' ') 0 ,__0 . ) ,. % 1 - r----c 0 1 \ LI- : (-) 6 1 jff---f . 1 ff, i.i rF 47.;,:,\ ----H . / i' f-- O F ! 4 • „. r y : 1 ([,,2 A (7 r- , 0 , , / ti od-, ,..14_...„,.. .1/4 # / 7---\ / -7--' '--,..// 7.../ i-L,„ ri7 Allp, /4' / '' 44% :::/ C l .,,, 1411 2 (\----_,_ .,., ,, L__„..._ .. a ;1' ii ( _..„ [ .,u ems, ,SVC'..ti :',2„ �r S;l ,,``` v J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: G. KYLE & AMANADA B. GIFT [Applicant] LEIGHTON P. ROPER, JR., ALBERT L. ROPER, JR., & MOLLY ROPER JENKINS [Property Owners] Subdivision Variance (Section 4.4 (b)) 1325 Lynnwood Drive (GPIN 1488881351). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: July 11, 2017 • Background: City records indicate that a single-family dwelling was constructed on the subject site in 1945. In 1948, a plat was recorded that created the nearly 5.60-acre parcel. The applicant desires to subdivide the property into two lots. Proposed Lot A-1 is depicted with 1.10 acres and a lot width of 165 feet, thereby meeting all dimensional requirements. Proposed Lot B-1 is depicted with 4.50 acres and with a lot width of 20 feet, rather than the 125 feet required in the R-40 Residential District, necessitating a Subdivision Variance request to the required lot width. • Considerations: While the 5.60-acre site could yield up three single-family dwellings, given the environmental conditions of the site, the request is limited to a two-lot subdivision. On May 22, 2017, the Chesapeake Bay Preservation Area Board approved encroachment into the Resource Protection Area in order to develop the two lots, each with a single-family dwelling. The proposed development and configuration of the property is consistent with the land use pattern in the vicinity, as evident by review of the zoning map. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled "Preliminary Subdivision of Property Site 1 (Roper Tract) Plat of Property of D. W. Gregory & Others" prepared by Gallup Surveyors & Engineers, LTD dated March 30, 2017, with no more than two parcels - Lot A-1 and Lot B-1. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. G. Kyle & Amanda B. Gift Page 2 of 2 2. Any residential dwelling constructed on Lot A-1 and Lot B-1 shall be in substantial conformance with the quality of the surrounding neighborhood. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De, - " m:• gency: Planning Departmen ef; City Manager r" Applicant G. Kyle & Amanda B. Gift Agenda Item Property Owner Leighton P. Roper, Jr., Albert L. Roper, Jr. & Roper Jenkins cfl/u( Public Molly Hearing lune 14, 2017 7 Virginia Beach city Council Election District Lynnhaven Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) s Staff Recommendation 4? °" ° I e Approval e,, ,1/4„ p4NIS* ��°°da a ii,...„f Staff Planner Robert Davis Location *..tee i , B °ea = 3 1325 Lynnwood Drive o a, °°"'^.hvech.. c GPIN :l ,. Nt„„,„._ n 1488881351 I ''`'""•,., f "'"'“,,,,c,,, Site Size 5.6 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District • t , i e ,,Undeveloped/ R-40 Surrounding Land Uses and Zoning Districts ' ' , North 4:' > t4s 'es . , Single-family dwellings/ R-40 Residential • 4. _Y '�,, South ' - ` Orin,,. . Lynnwood Drive r4 Single-family dwellings/ R-40 Residential f :: tr°-,{ East ;=` AI<�` ,a 4t',t, ✓ r ' Single-family dwellings/ R-40 Residential '•.i 0.. A.• E • %,,A r�• .��;x West . .e ; t t -'10.440„.:°°0,11,''' 44I ,r. , Single-family dwellings/ R-40 Residential • , 1')0.,t. ,r, `' - ,. '` :� B G. Kyle &Amanda B. Gift Agenda Item 7 Page 1 Background and Summary of Proposal • City records indicate that a single-family dwelling was constructed on the subject site in 1945. In 1948, a plat was recorded that created the nearly 5.6-acre parcel (Map Book 23, Page 32). • The original parcel was recorded prior to the adoption of the Chesapeake Bay Preservation Act and the City's Chesapeake Bay Preservation Area (CBPA) Ordinance. Portions of site are now heavily impacted by the Resource Protection Area, the most stringently regulated portion of the CBPA. • On May 22, 2017, the Chesapeake Bay Preservation Area Board approved a variance to the provisions of the Chesapeake Bay Preservation Area Ordinance for the development of the two lots on this site. • The applicant desires to subdivide the 5.6-acre parcel into two lots. Proposed Lot B-1 is depicted with 4.5 acres and a lot width of 20 feet, rather than the 125 feet required in the R-40 district. Lot A-1 is depicted with 1.1 acres and a lot width of 165 feet. The applicant is requesting a variance to lot width for Lot B-1. • A right-of-way dedication of 2,637.50 square feet is proposed at the terminus of Lynnwood Drive. Fj Lot B-1 ,i Lot A-1 Required (Single-Family Dwellings) Proposed Lot A-1 Proposed Lot B-1 Lot Width(feet) 125 165 20* Lot Area(square feet) 40,000 48,017 195,715 *Subdivision Variance required for lot width. G. Kyle &Amanda B. Gift Agenda Item 7 Page 2 . /2 21: R.8„ • Zoning History # Request 1 CUP (Community Pier)Approved 03/08/2011 r- 2 CUP(Residential Kennel)Approved 03/22/2005 / Wh kPoorwin po• int tr 0 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The property is within the Chesapeake Bay watershed and specifically within the Resource Protection Area,the most stringently regulated portion of the Chesapeake Bay Preservation Area. The site is heavily wooded with tidal wetlands along the shoreline. There do not appear to be any significant cultural features on the site. Public Utility Impacts Water These sites must connect to City water. Subdivision of the lot in this manner will likely create a condition where the dwelling on proposed Lot B-1 is not within 500 feet of an existing fire hydrant.Therefore, a subdivision construction plan will likely be required for the extension of an adequately sized waterline to serve a new, closer fire hydrant. Sewer This site must connect to City sanitary sewer. Due to the depth of existing sanitary sewer in Lynnwood Drive and prevailing site grades,the placement of a dwelling on proposed Lot B-1 may preclude it from connecting to City sanitary sewer via gravity flow. If that is the case, a private pump station and force main may be a viable alternative. G. Kyle &Amanda B. Gift Agenda Item 7 Page 3 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. A Subdivision Variance is requested to Section 4.4 (b) of the Subdivision Regulations for lot width for Lot B-1. As proposed, Lot B-1 is deficient of the required minimum lot width of125 feet. Even though the site possesses sufficient acreage for three single-family dwellings, given the environmental conditions of the site, Staff informed the applicant of the preference of limiting the request to a two-lot subdivision.The proposed development of the property is consistent with the land use pattern in the vicinity, as evident by review of the zoning map. The site's configuration, as well as that of many of the surrounding properties, is typical of areas adjacent to inland bodies of water.The subject site is deep, wide at the rear, narrow at the front, and is affected by the Resource Protection Area adjacent to Lynnhaven Bay. Staff finds that these factors demonstrate a level of hardship sufficient to justify a variance allowing the development of the site with two lots. Moreover, Staff believes that granting of a variance will not result in substantial detriment to adjacent properties and will not adversely affect the character of the neighborhood. Lastly, in Staff's opinion, the request is consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with the surrounding area. Staff recommends approval of the applicant's request for a variance to Section 4.4(b) of the Subdivision Regulations subject to the conditions below. Recommended Conditions 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled "Preliminary Subdivision of Property Site 1 (Roper Tract) Plat of Property of D. W. Gregory&Others" prepared by Gallup Surveyors& Engineers, LTD dated March 30, 2017, with no more than two parcels- Lot A-1 and Lot B-1. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Any residential dwelling constructed on Lot A-1 and Lot B-1 shall be in substantial conformance with the quality of the surrounding neighborhood. 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 G. Kyle &Amanda B. Gift Agenda Item 7 Page 4 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. Kyle &Amanda B. Gift Agenda Item 7 Page 5 Aerial of Site a..,,I , .,i .f# d fir. }41111111 lite ik. ' ' ''''' 11 i 4, 1iiis ..' f. r • ...4 j $ D s } ^ r 1, .. _ ./ • 5. s• • r. 4i .x. r .< 1 . s .'i!' 7F` r G. Kyle &Amanda B. Gift Agenda Item 7 Page 6 Proposed Subdivision Plat 7 ;� LYNNHAVE Rr RIVER (nix cRmt) LOT 26 1 .^ ` 1.,,„,i 8 PROPOSED GAgHO V"H (263 SE,) i DE31Q191 EXISTING S1R1K111RES I A Pi LOT 27 I J 8.p. ff ,,,r, • a-71DAL SHORE 413409.111 EXISTINGWILDING �, �i� �' ...... ......., _ . • FOR USE A52 SE POOL RQ15T _•41 ./M i 432 •i \, / LOT 28 h \ �, a I III�f — TOG OF BANK i---c, v - �/ ( �Qi11,1 (6x SLOPE BEGINS) �r SO2 PA 141P.,oF'...,.. II Lor 4I T.44a to / ) ..__ IT ,.` / , / .71.57'. // / _,,,f1/,/ — ——— — - i NM - ® •.a1 / I Q LOT 29 /I OT B-t / I ' }iii / / �/ i / I1 / // PROPOSED 12'WA9LL Ditlr42•49,--__ T 1 / // / ;y - i I7 l \ 1 1 Ali+. / LOT B ; r rlam :, //l / -P,. 1 YE 141 P,41 (( If 1- �' `f\71/��� . // T A ) 1 1 l^ )I I I Y.B,LN1 P.41 ) 1 I. ! \!._ 1 11 I I f , • LOT X. I r / ..„ iii I k \ Irr R2412OOL 7I -�� • / r r r 2039 IV \ \`` 'O-er ZOOMED 2t3,17.5 SO.TLM AOR III / \ 1 (swto deletedj.cldeletedwea11 • s .P, ....> ! ' ff AV "1°= p- ... — ,•s';i ri' __woPosm 20'Pueuc aewACL LAxleLwr [ . 94. 90991409. .� IL LOT J L& 1 LOT 31 B 92 P.SD _.KKy y M oao BS B6 P.29 IR110A p.M 0 DO' 100' 150 Ola■T,2, 6i 0 I.OP ITTi G. Kyle &Amanda B. Gift Agenda Item 7 Page 7 Site Photos z ,:.;_,,,,. 4,,,-..,„ 12,,_ %, • ,i.,-,... . -, ,,,,,,,,t- ,-4..".•.., ',.*,' ., - -, • .. ,� a y „. ''.W "� f' A m tw ' � s y ' ' : '. s.. '.! -..,' - '..: „fp ,6:4,1i'''':42.±;:11:-,' 1 } .r..7,l_.,''.,::;'; '1°1:: ...1:1*;:...,,,,h1 . { , .a .ytSy'�S'!�`� +'lwn ... � '.CeWs'g:.'1E," +1� aitilt:fi:': `:rt { 1.115 t s. i. K. J ' rs '.,/ - ''. io.k., '- ' . 4'.' ' . ? f yr . 3 . .4 r „ + PPP I -,. y..' ,. s' ..a ` r'.. - ,iis ?,. y, i .1+ :r: G. Kyle &Amanda B. Gift Agenda Item 7 Page 8 Disclosure Statement 11'441111d Re,i.h APPLICANT'S NAME G. Kyle&Amanda B. Gift DISCLOSURE STATEMENT FORM 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, or 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 - I 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 Page 1 of 7 Ti ❑ 45719 7 a° C2 ° Robert Davis G. Kyle &Amanda B. Gift Agenda Item 7 Page 9 Disclosure Statement Virginia Beach X 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 other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Inl Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. Leighton P. Roper,Jr.,Albert L. Roper,Jr. & (A) List the Property Owner's name: Molly Roper Jenkins If an LLC, list the member's names: Page 2 of 7 G. Kyle &Amanda B. Gift Agenda Item 7 Page 10 Disclosure Statement VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2 2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2 2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 G. Kyle &Amanda B. Gift Agenda Item 7 Page 11 Disclosure Statement VE3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if i needd) Accounting and/or preparer of Roseline Tax Advisors,PLLC ',\I your tax return 151Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I purchaser of the subject property l_I (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current Private Financing:Leighton P.Roper. n n mortgage holders and lenders Jr.;Albert L Roper, II&Molly Roper selected or being considered to Jenkins provide financing for acquisition or construction of the property) Cn Legal Services Sykes,Bourdon,Ahern&Levy,P C Real Estate Brokers / n n Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 G. Kyle &Amanda B. Gift Agenda Item 7 Page 12 Disclosure Statement 'NB Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. G. Kyle Gift 3/3//// CLIC• 'S SIGNATU' PRINT NAME DATE 47111NdA Amanda B.Gift i/31/Ci- Page /3///'.i-Page 5 of 7 G. Kyle&Amanda B. Gift Agenda Item 7 Page 13 Disclosure Statement 11/4/11 OWNER Virginia Beach YES NO SERVICE I PROVIDER(use dd)additional sheets if _ J l nee f ��(� Accounting and/or preparer of I I lJ your tax return I I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors C ❑X Engineers/Surveyors/Agents jFinancing(include current I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ f�l X Agents/Realtors for current and I I anticipated future sales of the _subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 G. Kyle &Amanda B. Gift Agenda Item 7 Page 14 Disclosure Statement Is.- Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. _ ��\� • - 1 )6 PROPERTY KC.FE(Z TR-- 3 -2I 17 PROPERTY WNER'S SIGNATURE PRINT NAME GATE' Page 7 of 7 G. Kyle &Amanda B. Gift Agenda Item 7 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE i PROVIDER(use additional sheets if needed) v `.w . c Accounting and/or preparer of 't S your tax return X i Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than (XI the Aoolicant)- identify purchaser and purchaser's service providers l Any other pending or proposed 1 X i purchaser of the subject property (identify purchaser(s)and purchaser's service providers) u C Construction Contractors l i X Engineers/Surveyors/Agents Financing (include current Umortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers/ Inl Agents/Realtors for current and I/\I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO - Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 G. Kyle &Amanda B. Gift Agenda Item 7 Page 16 Item#7 G. Kyle &Amanda B. Gift Subdivision Variance 1325 Lynnwood Drive District 5 Lynnhaven June 14, 2017 CONSENT An application of G. Kyle &Amanda B. Gift for a Subdivision Variance (Section 4.4(b) of the Subdivision Regulations on property located at 1325 Lynnwood Drive, District 5, Lynnhaven. GPIN: 1488-88-1351- 0000. CONDITIONS 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled "Preliminary Subdivision of Property Site 1 (Roper Tract) Plat of Property of D.W. Gregory&Others" prepared by Gallup Surveyors& Engineers, LTD dated March 30, 2017,with no more than two parcels-Lot A-1 and Lot B-1. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Any residential dwelling constructed on Lot A-1 and Lot B-1 shall be in substantial conformance with the quality of the surrounding neighborhood. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGESON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. - k '11 4 trrel' 111114 LO ..., • ri: 411k. an . .., fa • '. fk2nr , . . tt"<k• / ::,.V 111111410,416 1,,- i , & / ... fue"1- • NI Iii, LAI.4kN ak.4 411 4 11-(1, ''', 0 i ti!kr A(S.!•4 I gk*: k . •-Irr- . - • ;,,A.. 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' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MIRASOL, LLC [Applicant] MIRASOL COMMUNITY ASSOCIATION, INC. [Property Owner] Change of Zoning (Conditional R-7.5 Residential District to P-1 Preservation District) Adjacent to Mirasol Drive and adjacent to the north and south sides of Nimmo Parkway (GPINs 2414741539, 2414758288). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: July 11, 2017 • Background: In June 2012, a Conditional Change of Zoning was granted which rezoned a 14.74 acre site on both sides of Nimmo Parkway from R-15 Residential, AG-1 Agricultural and B-1 Neighborhood Business Districts to Conditional R-7.5 Residential District to construct up to 84 single-family dwellings. In order to satisfy Proffer#4, the applicant is now requesting to rezone the designated open space areas to P-1 Preservation District. • Considerations: The R-7.5 Residential District requires that a minimum of 10 percent of the site, which is approximately 2.95 acres, be set aside as open space. The amount of property to be rezoned to P-1 Preservation District is 24.19 acres, well above the minimum requirement. This item is viewed as a housekeeping matter to satisfy the terms of the proffer agreement. Further details pertaining to the rezoning, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of the rezoning. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Mirasol, LLC Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart -n ; .ency: Planning Departure City Manager: 4imit 'NB Applicant Mirasol, LLC, a Virginia Limited Liability Company Agenda Item Property Owner Mirasol Community Association, Inc. Public Hearing lune 14, 2017 City Council Election District Princess Anne 5 Virginia Beach Request 10-75 d8 DNL Change of Zoning (Conditional R-7.5 1 .5 -.0 Residential to P-1 Preservation) i z ��°..w C'c Gideon Road O Staff Recommendation a Approval s' t°', La°gt 65-70 d8 DNL K D„,,, i t• mte051 aV Staff Planner 5`"r,,o'��'es� Marchelle Coleman ", T. f Os °'aan °� µ*kip44, 4 i. 0 5a.a Location �,,1,wa� •� �5� �3 Adjacent to Mirasol Drive and adjacent to the E,=on �� a < K/k/6o waY Gree" ti'North and South sides of Nimmo Parkway AVe"" 000 �ROatl S' . Saej,,aK,GPINs 1. a` 2414741539, 2414758288 firaCo gOslit^pCOurt E0, a ya Or i Site Size 14.74 Acres AICUZ Less than 65 dB DNL Watershed Southern Rivers •- `. - . s -, '� � . " " '*°, -'0';', }�s�y� ' 7 ..' ,kcI gilt:,'r per - '9` w . , ar, . Existing Land Use and Zoning District p Single-family dwellings/Conditional R-7.5 ate s t t , " ,.\ ,.70i Residential `_ ,,. �.• Surrounding Land Uses and Zoning Districts r 4,,,14, North p if" Woods/ R-15 Residential > ' yc,•,' *v,` South op,o`:�" Single-family dwellings/ R-15 Residential • :. .,�;;. East .► Single-family dwellings, woods/ R-15 R�, 'r.._ :,`'" , ,reg Residential r ✓ ' - C„'ti ',1C Rr17�ChOtt Roa West --4k— ,s -'' �tt,�7, • 01,f , `l '..s/ • , e ; V Single-family dwellings/ R-7.5 Residential, AG-2 Agricultural Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 1 Background and Summary of Proposal • In June 2012, a Conditional Change of Zoning was granted which rezoned the site from R-15 Residential, AG-1 Agricultural and B-1 Neighborhood Business to Conditional R-7.5 Residential, in order to construct 84 single- family dwellings. • According to the recorded Proffer#4,the open space areas depicted on the "Conceptual Site Layout Plan" dated 02/01/12 are required to be rezoned to P-1 Preservation District. • In order to adhere to the recorded proffers, the applicant is now requesting to rezone the designated open space areas to P-1 Preservation District. • The R-7.5 Residential District requires a minimum of 10%of the site, which is about 2.95 acres of this development,to be set aside as open space. Consistent with this requirement, the amount of property to be rezoned to P-1 Preservation District is 24.19 acres. ' /Ctii // ' X/ 5R-7/`.''r <<�i\Je c��� AG-1 1 P �a to s `•mh° 2 i— Zoning History # _ Request N. / / R- 5 1 CRZ(AG-1, B-1, R-15 to Conditional R-7.5)Approved N ?. o f'/ 06/12/2012 ll y �� `'. ../... CRZ(AG-2 to Conditional R-7.5)Approved °1 /' e•Aee 14, • c 2 10/23/2007 —• \/, 0' i��I�Ma�j ;/ -:n..� 3 CRZ(AG-2 to Conditional R-15)Approved - * , Dr- 7ta '' - _ 09/12/1995 � � `rebly � � ° 4 CRZ(AG-1 &AG-2 to Conditional R-7.5) Approved �� Ce,, 08/27/1991 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 2 Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The property is impacted by the presence of Floodplain Subject to Special Restrictions, nontidal wetlands and the 50-foot Southern Rivers Watershed Buffer. No additional development is proposed with this request.There does not appear to be any cultural resources associated with the site. Evaluation and Recommendation This request for a rezoning of the open space areas depicted on the Concept Plan approved by City Council on June 12, 2012 from Conditional R-7.5 Residential to P-1 Preservation is acceptable. The site was redeveloped, subdiving the property into 84 single-family residential building lots with designated open space areas. Proffer#4 of the recorded proffers requires that subsequent to the recordation of the Final Subdivision Plat that the open space areas be rezoned. This request satisfies this requirement. In Staff's opinion, the rezoning to P-1 provides an added layer of protection to ensure the preservation of the open space area, which provides a valuable amenity to the neighborhood. Based on these considerations, Staff recommends approval of the request. 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. Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 3 Approved Conceptual Layout _—__z_... f n ar �� 6,7,1 ;4- ._ \ a 0 a :Y� ¢q 8 8 0 a 1i x: ��✓ 7 1 ! }4 xA 9 y}C ry F!- , d e S V4.R.R qqi e 1 ° < .1 i a kKf,�wnnn tEii i 15 IT F et 'iv I. ep +. t 04 ! 1 it Ito itirL, trill 4 1 !I 4 'cl-i, * S.. 'vf:ii 5 ,, I r, 11,, q I 1 Rt11V I) itt ,'It'''' .a 41Plif /0 . . ' / 2 4" likt. * , '' . 4 144trr. . c 1 fit ' ' ' 1 ,- I tgli i Wi y 111111.P• ' i -t,43 . 11111 ,,,,ffitp,it 111 !I co? r ——/ gi if 1 iiliijl1 � + P 4. IIP I ch t, ! . , L-,,,7,14 Atippliti 11 H a /'.1 lQ -H, ,. -. 3fE tl !f ji ) . i lit. ' Jliii! 4' i _i r dl 0 d I I R 4 0 S T , g 1 I ` i § ,e. !( 1E P ° 1 F F 1 .ri. 0 ,, Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 4 Site Photos ill 4" '+c ii IF ,� ih a' i s } 4' <. -.� -...114, —. w{, - ,i '�. �`-`►.-" 4,441 . .» _ ,.gyp. - '. � ., %I.. • r, a lit , 1 A jay,.� , tftsbiA �"" . -4 s , Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 5 Disclosure Statement NB Virginia Beach APPLICANT'S NAME Mirasol, L.L.C.,a Virginia limited liability company DISCLOSURE STATEMENT FORM 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, or 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 Appeals Encroachment Request Rezoning 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 FOR CTY LAC ONtr/ . c ,: I: ,. Page 1 of 7 drii.. r ;ai a-i3 t (I.t'< <;Ilcis APPOCAN1 NO FIFO OFHEAR`NC Er. NO CHANGES AS OF f (j/21 Marchelle Coleman REVISIONS SUBMITTFO E Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 6 Disclosure Statement gai4/3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mirasol, L.L.C. If an LLC, list all member's names: Jeffrey A. Kroll, Managing Member; Robert A.Wadsworth, II, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. IX 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:Mirasol Community Assocation In If an LLC, list the member's names: Page 2 of 7 Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 7 Disclosure Statement 71/4/3 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) Frances McQueen, President;Clayton Wise,Vice President; Michael Bates, Treasurer;April Stillwell,Secretary;Rick Heath, Member at Large;All homeowners of the 84 residential lots within the Mirasol Subdivision (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 8 Disclosure Statement 113 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E ❑^ Accounting and/or preparer of your tax return riX Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I—I purchaser of the subject property I 1 (identify purchaser(s)and purchaser's service providers) nn Construction Contractors Engineers/Surveyors/Agents MSA,P.C. Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ C 7 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 9 Disclosure Statement .rte 1'ir:tinia Beach s _....__.__.__...._ .. .__ i CERTIFICATION: I I certify that all of the information contained in this Discosure 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, VBDA meeting, or meeting of any public body or committee in connection with this I Application. /10 ,✓ Jeffrey A. Kroll,Manager I APPLICANT SIGNATUR PRINT NAME Mirasol.L L C. (,/!7 Page 5 of 7 Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 10 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) riAccounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than (XI the ADolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ g purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • EiConstruction Contractors I I n Engineers/Surveyors/Agents Financing(include current PI mortgage holders and lenders f selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers/ n Agents/Realtors for current and ' I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 11 Disclosure Statement \TB Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. /dite.4:665- Michael Bates,Treasurer S 5• PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Mirasol Community Association,Inc. Page 7 of 7 Mirasol, LLC, a Virginia Limited Liability Company Agenda Item 5 Page 12 Item#5 Mirasol, L.L.C. Change of Zoning Adjacent to Mirasol Drive,Adjacent to North &South of Nimmo Parkway District 7 Princess Anne June 14, 2017 CONSENT An application of Mirasol, L.L.C.for a Change of Zoning(Conditional R-7.5 Residential to P-1 Preservation) on property located adjacent to Mirasol Drive,and adjacent to North&South of Nimmo Parkway, District 7, Princess Anne. GPINS: 2414-74-1539-0000; 2414-75-8288-0000. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. osoemr"— , '_ , , ,,____, c,„ ter— r- ... \ ,,,,,, 14,,,,,,,,, , r ?% ,,,,,, ,,, , ,,, ,,,,,, ., .\ i , , ,,,.., ,, r, ,o;$c pz, p,, ,,,, --1 . .fic, ..vA 8 ' , ,,,, ,, , ,, A v , z, .. , ,,, 4.,,, A c: , . CCk „ - .w,; ,\ . e,\,. . k p < 2.4=. - --,f,: ,,,, -,-1 ‘fc,,, cz g ur N . A 6'' '' *i.,,, Milt tat </0-7. A\ 11 .y,c.< \,% 4V ' ,z7V \P. Re. 4, I 1w. ..... ----_,,,:/ \ NN 8 ----_,„7 ...‘ i. r Nr ),,11 k \\1/4, ci\ : Nit _____ j w 'Nisi._ I IIIIIIMIN r. N W r �� 3i • r'-..,. \ a_ • / 4*”4\ w 07 ioppA ir,,. ....,,,,,,. f , /.,NIII44%*., i 7 41/ ''' .."4.,,_. 1-----„,,,,,,,,.. .. � fj 4Po 7/ �o yy� T e,, 4' ii r• `=t W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DHW JOINT VENTURES, LLC [Applicant] MILHWY PROPERTIES LLC, CITY OF VIRGINIA BEACH, CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS II, J TRUCK TERMINAL, INC. [Property Owners] Conditional Change of Zoning (R-5D Residential Duplex District and I-1 Light Industrial District to Conditional A-36 Apartment District) 5833 Sandpit Road & Nearby Parcels (GPINs 1459805796, 1459815016, 1459816140, 1459817013, 1459818232, 1459910373, 1459912208, 1459900680, 1459902964, 1459914202). COUNCIL DISTRICT— BAYSIDE MEETING DATE: July 11, 2017 • Background: The applicant proposes to develop a 382-unit market-rate apartment complex consisting of seven four-story buildings, five townhomes, a shared indoor and outdoor recreation area, and 660 parking spaces. The apartment complex is located on both sides of what will be Tolliver Road, which is anticipated to begin construction early next year. ■ Considerations: There is a demand for market-rate apartments in this area, and the new development will add value to adjacent properties and increase contributions to the City's tax base. The site is well outside of AICUZ around Norfolk Airport, even as projected with a new parallel runway. The multi-family use is compatible even though much of the surrounding area west and south will eventually be developed as light industrial. The I-1 Light Industrial zoning district excludes the most impactful industrial uses such as salvage yards, petroleum processing, and anything involving explosives. The proposal is consistent with the Burton Station SGA Plan and Comprehensive Plan, which call for 300 multi-family units in the vicinity of the site. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with 1 abstention, to recommend approval of this request. DHW Joint Ventures, LLC Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r PP Submitting Depa i ent/A:ency: Planning Departmen dolor j City Manager: Applicant DHW Joint Ventures, LLC Agenda Item Property Owners MILHWY Properties LLC, City of Virginia Beach, Carlesta E. Spearman and Ralph B. Saunders II, cityof J Truck Terminal, Inc. D2 Virginia Beach Public Hearing June 14, 2017 Request ea" a , Conditional Rezoning (R-5D Residential �. ,4' „,,, o.''' Duplex District and I-1 Light Industrial District to L Conditional A-36 Apartment District) f. s,4 A V 4:4 " <,.? Shell Road Staff Planner I Ashby Moss ar a �� \ Location '"� ,*-` Q 5833 Sandpit Road & Nearby Parcels �"°' d �` a � GPINs ' 2 1459805796, 1459815016, 1459816140, r",w 1s i aoanerooh Ga“ .D g 1459817013, 1459818232, 1459910373, 1 1 1459912208, 1459900680, 1459902964, t I I. o5 % 1459914202 Site Size " « — 20.293 acres (total area) Y as • " ' • �� 19.109 acres (excludes future ROW dedication) ° ,,� � y, ' ' 17.831 acres (excludes ROW dedication and gr ,11i'1Ro ,> water, marsh and wetlands) mF 47 i AICUZ q` f 'N. Less than 65 dB DNL N„4� r rt , : Existing Land Use and Zoning District tk, ,,,,ii ' Undeveloped, partially wooded/R-5D ;, ' e'”` Residential Duplex and I-1 Light Industrial 6 d Elk "ar Surrounding Land Uses and Zoning Districts -s`11;, F '-� . ' 0, 1 North • • Partially bordered by Norfolk Southern Rail Line a `.A.. tk% '` (leased by Bay Coast Railways)/not zoned o,, beyond that, undeveloped land/1-1 Light do Industrial Immediately NE,electrical substation/1-1 Light Industrial South Undeveloped land/1-1 Light Industrial East Mobile home park/A-12 Apartment West Tim Road and wooded vacant land/ 1-1 Light Industrial DHW Joint Ventures, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • The applicant proposes to develop a 382-unit apartment complex consisting of seven four-story buildings, five townhomes, a shared indoor and outdoor recreation area, and 660 parking spaces. Sixty-nine of the spaces are in garages(detached or under the building), and the remaining 591 spaces are in surface parking lots. This total slightly exceeds the minimum requirement of 650 spaces. • The apartment complex is located on both sides of Tolliver Road. The proposal qualifies for reduced setbacks as specified in Section 283 of the City Zoning Ordinance. Accordingly buildings are located between 12 and 15 feet from the right-of-way (instead of 35 feet), and no parking is placed between the buildings and the street. • The buildings are designed to have a southern coastal look and feel, with heights of approximately 55 feet. The four-story buildings incorporate balconies, ample windows, shed awnings supported by timber brackets, a varying roofline and vertical plane, and a variation of building materials including brick, composite plank siding and board and batten (cement fiberboard material) in various shades of gray, beige and white. • The subject area includes the northern tip of Burton Station Lake, which currently serves as a stormwater management facility for the surrounding area. The applicant intends to expand the lake directly north to accommodate stormwater management requirements generated by the apartment development. • South of the lake is a 1.7-acre partially wooded and wetland area currently owned by the City. No development is currently proposed on this parcel. • The proposed density comes to 21 units/acre, which is well under the 36 unit/acre maximum permitted by the A-36 Apartment District. However, the exact amount by which the lake must be expanded for stormwater management is unknown at this time. If the amount of land area that qualifies for the density calculation is decreased by two acres, the proposed density will exceed 24 units/acre, thereby requiring the A-36 zoning district. s k, Zoning History 4!?b ai°:�R> `�< . # Request 1 REZ(R-5D to I-1)Approved 06/21/2016 4 2 STC Approved 09/20/2016 'oe f' ��� 3 CRZ(I-1 to A-1)Approved 08/03/1987 ed� � A 12 CUP(Mobile Home Park)Approved 08/03/1987 s,, / I- eef .+.+ � 4 CUP(Expansion of an Electric Transformer Station) / 3 Approved 10/07/2014 CUP(Electric Transformer Station)Approved 11/04/1985 1.404, 1/1 5 SVR Approved 06/28/2011 CUP(Mini Warehouse)Approved 06/28/2011 o'4o, rJ CUP(Truck Wash Facility, Motel, Bulk Storage)Approved dne B-2 09/10/1996 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance DHW Joint Ventures, LLC Agenda Item D2 Page 2 Comprehensive Plan Recommendations This property is located in the Burton Station Strategic Growth Area (SGA),the master plan for which was adopted by City Council in 2009. Although much of the Plan is still valid, a number of circumstances have changed that have affected key components of the Plan. Primarily,the City of Norfolk decided to close the Lake Wright Golf Course rather than relocate it into Virginia Beach, eliminating a central feature of the Plan. Additionally, the Norfolk Airport Authority decided to rezone their property to I-1 Light Industrial to prepare for future development in the event a parallel runway is constructed. (The parallel runway would allow for closure of the crosswind runway and its associated noise and clear zones.) Despite the loss of the golf course, much of the Plan is still intact. Tolliver Road, originally called "Golf Course Road," was planned to provide access to several large, landlocked parcels and incentivize new development in the area. In fact, Tolliver Road can now be better utilized with both sides of the road available for development rather than a single- loaded road. The master plan identifies five districts in which more detailed land use and development capacity recommendations are made. The subject site straddles two of these: North Golf Drive and Northampton—Diamond Springs Corridor. As its name suggests,the North Golf Drive District was originally envisioned to border the relocated Lake Wright Golf Course and house a series of office, flex, commercial, and mixed-use buildings on one side of Tolliver Road, capitalizing on views of the golf course. The Northampton—Diamond Springs Corridor District calls for office, commercial, hotel, and 300 apartment units. These apartments are shown in close proximity to the subject site,just southwest of Burton Station Lake. The 2016 Comprehensive Plan recommends an update for the Burton Station SGA Master Plan as a future action item. Staff has begun exploring new options for the areas requiring update, particularly Burton Station Village. Traffic Impacts Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Burton Station Road in the vicinity of this application is considered a two-lane undivided collector/local road. Currently, this segment of Burton Station Road is functioning at a capacity of LOS B. Tolliver Road will be a two-lane undivided collector road with a five-foot sidewalk on one side and ten foot multi-use path on the other. • CIP 9-081 - Burton Station Road Improvements- Phase I includes property acquisition for a 70' right-of-way and full street improvements, including utilities, drainage, curb and gutter, sidewalks and street lights. Water and sanitary sewer have already been installed from Northampton Boulevard to Tim Road and the remaining Burton Station Road street improvements are close to design completion. A new road, Tolliver Road, will intersect Burton Station Road and extend approximately 300 feet in either direction with full street improvements. • CIP 9-091 - Phase III A will extend Tolliver Road with utilities and full street improvements north to the Norfolk Southern Rail line. The City has completed design plans and is ready to put a construction project to bid for Tolliver Road, Phase 3A once all land acquisitions are finalized. Phase III B will continue Tolliver Road from the Norfolk Southern Rail line to Air Rail Avenue and extend Air Rail Avenue north to Thurston Road and south to Barrs Road. Street Name Present Volume Present Capacity Generated Traffic Tolliver Road N/A 6,200 ADT'(LOS' "C") Existing Zoning 2—1,328 ADT 9,900 ADT'(LOS°"D") Proposed Land Use 3—2,534 ADT 'Average Daily Trips 2 based on 17 acres of R-5D 3 as defined by 381 apartments 4 LOS=Level of Service and 4 acres of I-1 DHW Joint Ventures, LLC Agenda Item D2 Page 3 Public Utility Impacts Water and Sewer Eight-inch water and sanitary sewer mains were recently installed on Burton Station Road, from Northampton Boulevard to Tim Road. Additional water and sewer mains and a sanitary sewer pump station will be installed concurrently with the capital projects listed above for Tolliver Road. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Bayside Elementary 472 585 42 35 Bayside Middle 659 918 16 12 Bayside High 1,799 1,827 19 12 1"Generation"represents the number of students that the development will add to the school. 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). Evaluation and Recommendation Staff recommends approval of this application. The proposal is consistent with the Burton Station SGA Plan and Comprehensive Plan. There is a demand for market-rate apartments in this area, and the new development will add value to adjacent properties and increase contributions to the City's tax base. The site is well outside of AICUZ around Norfolk Airport, even as projected with a new parallel runway. The multi-family use is compatible even though much of the surrounding area west and south will eventually be developed as light industrial. The I-1 Light Industrial zoning district excludes the most impactful industrial uses such as salvage yards, petroleum processing, and anything involving explosives. Typical I-1 uses consist primarily of office-warehouse, manufacturing and repair uses, all of which must be contained indoors. In addition, the layout of the apartment complex creates distance between buildings and adjacent I- 1 properties and the rail line. The closest building is 75 feet from the rail line and 55 feet from the I-1 zoning, while most buildings are placed much farther away. These setbacks coupled with 25-foot landscaped buffer requirements for new light industrial adjacent to residential will mitigate future impacts to the residential development. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. 1. The Property shall be developed in substantial conformity with the site plan entitled "Burton Station Apartments -Site Plan", prepared by Poole and Poole Architecture, LLC, dated March 2, 2017 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). DHW Joint Ventures, LLC Agenda Item D2 Page 4 2. The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "Burton Station Apartments", dated March 2, 2017, prepared by Poole and Poole Architecture, LLC ("Elevation Plans"), which have been exhibited to City Council and are on file with the Planning Department. 3. A minimum of 650 parking spaces shall be provided in the approximate locations depicted on the Conceptual Site Plan. 4. Open space shall be provided in the approximate locations depicted on the Conceptual Site Plan. 5. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. 6. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. 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. DHW Joint Ventures, LLC Agenda Item D2 Page 5 Proffered Site Plan Project Data: / / 7r—T- —== f — Multi-Family Parcel - 1 1/ �~ ^`� 4Sto - I 382 Units / ,-_.� , A. V I �I '_MAN.A , IP / — — Aa AKK.PmA+Kfwcll.EaPx�em Total Parking 660 Spaces-650 Required / , I 6,eE o».Go.,AP�P. 591 Surface Parking Spaces; - III B7 Al Ar Az,6.P � I, 69 Garage Spaces > "' ,1 4 0.� i t l COPAANCIOR / Pt y --SQL �� �1.. / -'A ;ROMNARp SEAA(Y AE]IICSD \ G 4 / - t 1 �coav,"c_rr-, \ '''.• A " Al 1 STAT.SCA. \� C,,11j Of II-F 7014. / .; A< A. /I/ i AI / // \\ .\ �. ` /�Y \ P IARC6+G S C \ ` u \ n I \. Ai `` \ \`L\ B \ 1 1 I IBAPCKKS IS: NI A }6\ -. • PLAN YAPS)BMA.IN 111.4% \ \ rnHo,aGMINSECIge6111% u r 7l I1 \ A. r \ \ �I . � II INP1 .� " I U` AI , YS Pa, P...7.4 a \\\, ;i7 Com; C, A 6] 6t r \�-,--RDfr .,1P10E1 MICH BM POMO 6 a I I A 6 \. om6wp _ - - ils-PF ,.PAC.'I6 SP L1-.J r101OlifG PDS C.C.C.C"666 OF S.. \ L _ -- GPIBPUBICE>B \l II u _I_iL__L(1; �� OSite Plan Stole;1'-60'-0' Pion DHW Joint Ventures, LLC Agenda Item D2 Page 6 Proffered Site Plan a 0-.4li, _ r-7,-,_ H - '-i.,: -- ik tik,..„- ,k.lir....--Iii, !,-4,-.:, i . „..f. yk.--, t G t.- _.... i r7.. — . J L.'" � _rte, rs� c=. –. 1. -1,..11=I i, •,-4.-__. JR i-;, , 1,..,.„ ,, ; .,„..,,,,,-..„:„.„,,,,„,„,..„., -7,..7-071.4g1 '=,..--7r,r„, I I --ur i = MEM UMW -fir : , xi ; ii i. ii ,:,s- Hsi' Mil NM ,_. �ii \' l ,, _ ,1-1.11.1/`- s V 6 k _ a li • er 'rik- ,7 -iii -- K- M, 3 �a E ---', € a S i_I�1,t � .2 s DHW Joint Ventures, LLC Agenda Item D2 Page 7 Proffered Building Elevation Virginia Mach .nrab_Mari. 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DHW Joint Ventures, LLC Agenda Item D2 Page 12 Disclosure Statement AtA APPLICANT'S NAME DISCLOSURE STATEMENT FORM 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, or 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 forr,t ale necf> .sary to inform public officials who may vote on the application as to whether they have a conflict of interest undei Virginia law. SECTION 1 / APPLICANT DISCLOSURE .. ._•;t;. ; ;, ; — 1 of 7 LI3 { f c 6/2 /17 JS Jonathan Sanders DHW Joint Ventures, LLC Agenda Item D2 Page 13 Disclosure Statement Virgini. 9',r i El Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:DHW Joint Venture,L.L.C. If an LLC, list all member's names: Gale L. Higgs&Bradley J.Waitzer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached list. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from Annlicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® 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:See attached__ '-' If an LLC, list the member's names: Page 2 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 14 Disclosure Statement List of Affiliates of DHW Joint Venture,L.L.C. 1. Dennis R Deans Irrevocable Trust; 2. WTZR MS,LLC; 3. Afton Associates,LLC; 4. Archers Green II,LLC; 5. BBD,Inc.; 6. BKW,LLC; 7. Bribra Baker,Inc.; 8. Bribra Building Corporation; 9. Bribra Cahoon,Inc.; 10. Bribra Deep Creek,Inc.; 11. Bribra Hillpoint Corporation; 12. Bribra NP Corp.; 13. Camden Private Capital Corporation; 14. D&B Automotive Investors,LLC; 15. Debribra,LLC; 16. HCA Services,Inc.; 17. IWC Residential,Inc.; 18. Mola,LLC; 19. Mowill,LLC; 20, Murray Wholesale Drug,Corp.; 21. Ocean Bay Homes,Inc.; 22. Oceana Partnership I; 23. Parker Crossing,LLC; 24. Platinum Homes,Inc.; 25. Rodie Builders,Inc.; 26. Rudee Investment;LLC; 27. Rudee Management,LLC; 28. SC Holdings,LLC; 29. Signature Management,Corp.; 30. Platinum Management Corp.; 31. Mopow,LLC; 32. Silver Hill,LLC; 33. Volvo Brookside Associates,LLC; 34. Waitzsp,LLC; 35. Moyork,LLC; 36. Dakota Investment Group,LLC; 37. Chazdak LLC; 38. BJW Fam,LLC; 39. Bribra Acquisitions Corp.;and 40. Edwin S.Waitzer,Bradley J.Waitzer,Trustees,Waitzer 2012 Grandchildren Trust,DBA as Professional Centers,Medical Arts Building,Commercial Place. DHW Joint Ventures, LLC Agenda Item D2 Page 15 Disclosure Statement Vi:jini.Rr�rlt If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) See attached list. 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 entitles 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ;ubiect of the application or any business operating or to be Qperated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 16 Disclosure Statement APPLICANT Virginia Rnach YES NO SERVICE PROVIDER(use additional sheets if needed) • p a Accounting and/or preparer of TBD your tax return © Architect/Landscape Architect/ Poole&Poole Architecture,LLC Land Planner Contract Purchaser(if other than aX D the Applicant;)-identify purchaser DHW Joint Venture, LLC and purchaser's service providers Any other pending or proposed City of Virginia Beach purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors TBD ® ❑ Engineers/Surveyors/Agents Timmons Group;WP Large Inc. Financing(include current TBD ❑ ® mortgage holders and lenders selected or being considered to provide rmancing for acquisition or construction of the property) ElLegal Services LeClairRyan;Sykes Bourdon Real Estate Brokers/ S.L.Nusbaum Realty Co.&Sun ® El Agents/Realtors for current and Really anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 17 Disclosure Statement ;19 Virginia Heac!: 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 s he . • ••• - Commission, Council, VBDA meeting, or meeting o y arIn '.• or committee in connection with this Application, ---_--- Bradley J.Waltzer, Manager 41a �� IGNATURE PRINT NAME DATE Page 5 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 18 Disclosure Statement OWNER Virginia Beach YES NO r SERVICE ( PROVIDER(use additional sheets if needed) ❑ ❑ Accounting and/or preparer of d r. y your tax return ❑ [Architect/Landscape Architect/ Land Planner [3.---"E Contract Purchaser(if other than ' l� the Annlicant)-identify purchaser Ott) Tato+vGb+ 'c'j and purchaser's service providers• Any other pending or proposed ❑ E purchaser of the subject property LJ (identify purchaser(s)and MO C. purchaser's service providers) ❑ Construction Contractors elk ❑ El,"--Engineers/Surveyors/Agents k44/4 Financing(include current y� i „„ortgage holders and lenders R ❑ tJ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Raiii&WO Arai C0410id6 Real Estate Brokers/ S�L� v,�0,4,,,y„ C.•%1 Agents/Realtors for current and ' I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO es an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 19 Disclosure Statement Virginia Beach ri Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:DHW Joint Venture, L.L.C. If an LLC, list all member's names: Gale L. Higgs&Bradley J. Waltzer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached list. See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:MILHWY Properties, LLC If an LLC, list the member's names:Sukhwinder Bharij Cole. MGrY beA^J Page 2 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 20 Disclosure Statement Ni3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) S&J Truck Terminal, Incorporated 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 21 Disclosure Statement 71/4B OWNER Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) El 17/Accounting and/or preparer of your tax return C --' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than CEr the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and LI curchaser's service providers) onstruction Contractors CIEngineers/Surveyors/Agents Financing(include current 0 mortgage holders and lenders � VYIdOA.tQ k_-- selected or being considered to �,,/1 provide financing for acquisition or construction of the property) 0 Legal Services y;16•,a bot 4. +i /er. Real Estate Brokers/ S.L.Nusbaum Realty Co. 17 0 Agents/Realtors for current and Site A/ �e,,i,c 7 `/\ anticipated future sales of the subject property ♦ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ,1Zi an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 22 Disclosure Statement 71/4B Virginia Beach '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, VBDA meeting, or meeting of any public body or committee in connection with this Application. See below. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE MILHWY Zozstles LLC By: Sukhwinder Bhar j Member Date: 31511- 1 Page 7 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 23 Disclosure Statement FFILIj i 5 DF l-AJD O c191U6P-- BIG CHARLIES TRUCK PLAZA, INC. S&J TRUCK TERMINAL, INC. JSB PROPERTIES, LLC (HILTON GARDEN INN) CROSSWAYS PROPERTIES, LLC (HOMEWOOD SUITES) NORFOLK PROPERTY, LLC (CANDLEWOOD SUITES) AJI US PROPERTIES, LLC (HAMPTON INN � SUITES) C/t/�/], rPA -MMVITT T1T1 WOCO EXPRESS,LLC rTC DHW Joint Ventures, LLC Agenda Item D2 Page 24 Disclosure Statement NIS Virginia Beach EICheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:DHW Joint Venture, L.L.C. If an LLC, list all member's names: Gale L. Higgs& Bradley J. Waitzer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached list. See next page for information pertaining to footnotes' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I^ 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:S&J Truck Terminal,lncorporated If an LLC, list the member's names: Page 2 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 25 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Sukhwinder Bjarij, President .hcl D;rc.Ror. nia ry a m1 c ri j t ice.Press ic.)e-N MAS D i re-645r- �a nc - c,,+r11 U i co e i^'e6 i d e,1 r 4\4 U (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) MILHWY Properties, LLC 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 entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 26 Disclosure Statement 11/3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) i I I la-- Accounting and/or preparer of I I your tax return CArchitect/Landscape Architect/ Land Planner C 2----" ontract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 111 purchaser of the subject property (identify purchaser(s)and F7r.purchaser's service providers) Construction Contractors O E"----Engineers/Surveyors/Agents Financing (include current T'wy) n/c..- mortgage holders and lenders // '"' selected or being considered to provide financing for acquisition or construction of the property) ^,,/ Legal Services . nma,n y-S`-✓)c 54 -ar Real Estate Brokers/ S.L.Nusbaum Realty Co. ✓ n Agents/Realtors for current and S W ''AA?7. anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X. an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 27 Disclosure Statement 71/4B Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. See below. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE S&J Tru r ina _ncorporated By: SukhwinderVBharij President Date: Page 7 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 28 Disclosure Statement FFJLI/Tc5 OF LAID O c,OUEP BIG CHARLIES TRUCK PLAZA, INC. S&J TRUCK TERMINAL, INC. JSB PROPERTIES, LLC (HILTON GARDEN INN) CROSSWAYS PROPERTIES, LLC (HOMEWOOD SUITES) NORFOLK PROPERTY, LLC (CANDLEWOOD SUITES) AJI US PROPERTIES, LLC (HAMPTON INN SUITES) -_I1T ____ __/`ITT TTl4-. _ _ WOCO EXPRESS, LLC C DHW Joint Ventures, LLC Agenda Item D2 Page 29 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:DHW Joint Venture, L.L.C. If an LLC, list all member's names: Gale L. Higgs&Bradley J.Waltzer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached list. See next page for information pertaining to footnotes/ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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:See below. If an LLC, list the member's names:Carlesta E. Spearman &Ralph B. Saunders, II, Co-Trustees of the Carlesta E. Spearman Revocable Trust Under Agreement Page 2 of 7 dated November 19, 2015 DHW Joint Ventures, LLC Agenda Item D2 Page 30 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 31 Disclosure Statement \113 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of Holly Martin CPA your tax return Corbin&Company,P.L. pi xi Architect/Landscape Architect/ N/A Land Planner Contract Purchaser(if other than DHW JOINT VENTURE,LLC Ix pi the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed None. LX purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I J XI Construction Contractors N/A VAI Engineers/Surveyors/Agents N/A Financing (include current N/A X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services qr AI, rig",sr¢ 244esj Real Estate Brokers/ S.L.Nusbaum IXEl Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 32 Disclosure Statement 71/41i3 Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. See below. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE THE CARLESTA E. SPEARMAN REVOCABLE TRUST U:'DE AGR(I�EE! ENT DA' ED NOVEMBER 13, 2015 BY: (��4.Y.�l��g a� YrN Carlesta E. Sp arru.n Co-Trustee Date: � — /S' o`dl B y: '�/,I � � -C-� iL ph B. Saunders, II Co-Trustee Date: F- i5 —.Z4=71 7- Page 7 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 33 Disclosure Statement OWNER Virginia B ch YES NO SERVICE PROVIDER(use addition sheets if needed) n Ell Accounting and/or preparer of your tax return nArchitect/Landscape Architect/ Land Planner H ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) HLIConstruction Contractors CILI Engineers/Surveyors/Ag is Financing(include curre t ❑ ❑ mortgage holders and enders selected or being co, idered to provide financing f r acquisition or construction o the property) nn Legal Services Real Estate .rokers / n Agents/R•altors for current and anticip. ed future sales of the subjer property 4 • SECTI• 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have . an interest in the subject land or any proposed development contingent on the subject public action? I yes, what is the name of the official or employee and what is the nature of the interest? ?(bee( Page 6 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 34 Disclosure Statement 6:\B Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Applicati, PROPERTY OWNER'S SIGNA E PRINT NAME ATE" Page 7 of 7 DHW Joint Ventures, LLC Agenda Item D2 Page 35 Item#D2 DHW Joint Venture, L.L.C. Conditional Rezoning 5833 Sandpit Road & Nearby Parcels District 4 Bayside June 14, 2017 CONSENT An application of DHW Joint Venture, L.L.C.for a Conditional Rezoning(R-5D Residential Duplex District and I-1 Light Industrial District to Conditional A-36 Apartment District)on property located at 5833 Sandpit Road & Nearby Parcels. GPINS: 1459805796, 1459815016, 1459816140, 1459817013, 1459818232, 1459910373, 1459912208, 1459900680, 1459902964, 1459914202. PROFFERS PROFFER 1 The Property shall be developed in substantial conformity with the site plan entitled "Burton Station Apartments-Site Plan", prepared by Poole and Poole Architecture, LLC, dated March 2, 2017 ("Conceptual Site Plan"),which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). Public Utility Impacts School Impacts Evaluation and Recommendation Proffers PROFFER 2 The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "Burton Station Apartments",dated March 2, 2017, prepared by Poole and Poole Architecture, LLC ("Elevation Plans"),which have been exhibited to City Council and are on file with the Planning Department. PROFFER 3 A minimum of 650 parking spaces shall be provided in the approximate locations depicted on the Conceptual Site Plan. PROFFER 4 Open space shall be provided in the approximate locations depicted on the Conceptual Site Plan. PROFFER 5 Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. PROFFER 6 The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Item#D2 DHW Joint Venture, L.L.C. Page 2 A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item D2. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the absention so noted,the Commission approved item D2 for consent. Lisa Murphy appeared before the Comission on behalf of the applicant. rit� Zr�FAcCITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE OF oUR�-woo* In Reply Refer To Our File No. DF-9774 DATE: June 27, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsons DEPT: City Attorney RE: Conditional Zoning Application; DHW Joint Venture, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2017. I have reviewed the subject proffer agreement, dated July 11, 2017 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: Nancy Bloom DHW JOINT VENTURE, L.L.C, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between DHW JOINT VENTURE, L.L.C., a Virginia limited liability company ("DHW"), Grantor for indexing purposes, and CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS, II, CO- TRUSTEES OF THE CARLESTA E. SPEARMAN REVOCABLE TRUST, UNDER AGREEMENT DATED NOVEMBER 19, 2015 ("SPEARMAN"), Grantor for indexing purposes, MILHWY PROPERTIES,LLC, a Virginia limited liability company("MILHWY"), Grantor for indexing purposes, S&J TRUCK TERMINAL, INCORPORATED, a Virginia corporation ("S&J"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY"), Grantor for indexing purposes (collectively, the "Owner") (Owner and DHW are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, SPEARMAN is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN 1459-91-0373, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Spearman Property"); WHEREAS, MILHWY is the owner of those certain parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN Numbers: 1459-80-5796; 1459-91-2208 & 1459-91-4202,more particularly described in Exhibit B, attached hereto and incorporated herein by reference (collectively,the"MILHWY Property"); WHEREAS, S&J is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN 1459-90-2964, more particularly described in Exhibit C, attached hereto and incorporated herein by reference ("S&J Property"); WHEREAS, CITY is the owner of those certain parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN Numbers: 1459-81-5016, 1459- 81-6140, 1459-90-0680, 1459-81-7013 & 1459-81-8232, more particularly described in Exhibit D, attached hereto and incorporated herein by reference (collectively, the "City Property"); GPIN Nos: 1459-81-5016; 1459-81-6140; 1459-91-0373; 1459-90-0680; 1459-81-8232; 1459-81-7013; 1459-91-2208; 1459-91-4202; 1459-90-2964& 1459-80-5796 Prepared by: Lisa M. Murphy, Esquire(VSB#39111) LeClair Ryan,A Professional Corporation 999 Waterside Drive, Suite 2100 Norfolk,Virginia 23510 WHEREAS, DHW has entered into agreements with SPEARMAN,MILHWY, S&J and the CITY to purchase the Spearman Property, the MILHWY Property, the S&J Property and the City Property,respectively, (collectively,the "Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of an approximately 21 acre portion of the Property, from R-5D Residential Duplex and I-1 Light Industrial to Conditional A-36 Apartment District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan,building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the site plan entitled "Burton Station Apartments—Site Plan",prepared by Poole and Poole Architecture, LLC, dated March 2, 2017 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). 2. The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled"Burton Station 2 Apartments", dated March 2, 2017,prepared by Poole and Poole Architecture, LLC ("Elevation Plans"), which have been exhibited to City Council and are on file with the Planning Department. 3. A minimum of 650 parking spaces shall be provided in the approximate locations depicted on the Conceptual Site Plan. 4. Open space shall be provided in the approximate locations depicted on the Conceptual Site Plan. 5. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. 6. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the A-36 Apartment District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") 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 City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with 3 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, 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 and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: DHW JOINT VENTURE,L.L.C. a Virginia limited liabili . By: (SEAL) Nam- :rdddey J. Waitzer Title: Manager COMMO WEALTH OF�VIRGINIA CITY OF a to wit: The foregoing instrument was acknowledged before me this 3rd day of rib rch 2017 by Bradley J. Waitzer, as Manager of DHW JOINT VENTURE,L.L.C., a Virginia limited liability company, on behalf of said company. [SEAL] 0.-Vath:erjililiCYCIAZ Cynthia PaciuNi Lane Not y Public014. t(o&Y1T7 Commonwealth Virginia Registration No: Notary Public Commission No.71.1077 My Commission Expires 12/3tl2020 My Commission Expires:C.311a 5 WITNESS the following signature and seal. GRANTOR: CARLESTA E. SPEARMAN, CO-TRUSTEE OF THE CARLESTA E. SPEARMAN REVOCABLE TRUST, UNDER AGREEMENT D• TED NOVEMBER 19, 2015 :466 • •/<: s,. Alik (SEAL) Name: GA f Title: Co-Truste- RALPH B. SAUNDERS, II, CO-TRUSTEE OF THE CARLESTA E. SPEARMAN REVOCABLE TRUST, UNDER AGREEMENT DATED NOVEMBER 19, 2015 By: � (SEAL) Nam;.' per 5 y',r,7A2-22c . Title: Co-Trustee COMMONWEALTH OF VIRGINIA CITY OF IA' i n h , to wit: The foregoing instrument was acknowledged before me this/5day of dreli , 2017 by Carlesta E. Spearman, as Co-Trustee of The Carlesta E. Spearman Revocable Trust, Under Agreement Dated November 1 , 2015, on behalf of said trust. [SEAL] ��'oNN E:.h� % �cu � #1te. Q.7... NOTARY PUBLIC 'V. Notary Pub c REG#7032953 _ Registration No: /7'0 �pO� MY COMMISSION EXPIRES _ 2/28/2018 My Commission Expires: - cLY, c..2a/E COMMONWEIAI , , 0,V'`IRGINIA CITY OF t/%5)/)%d4 , to wit: The foregoing instrument was acknowledged before me this /�j ay of , 2017 by Ralph B. Saunders, II, as Co-Trustee of The Carlesta E. Spearman Revocable Trust, Under Agreement Dated November 19„2015, on behalf of said trust. ,/ ,/.t)'• ited-g2'[SEAL] � v�NN...E. ',; /` NOTARY ••f( % NotaryPublics PUBLIC • �j 1,c�Q •.N = g /�JJ�3 REG#7032953 • Re istration No: MY COMMISSION nQEXPIRES 2/28/2018 .'� ; My Commission Expires: G2(F 01,0A9 F , � 7"ALTH� 0\ //rim [Signature W age to Proffered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: S&J TRUCK TERMINAL, INCORPORATED a Virginia corporatio 1 By: s4 . A , _ (SEAL) Name: Sukhi der , '• " IIIW Title: President COMMON EALTH OF VI'GINIA CITY OF i' .4 j&/ I , to wit: i The foregoing instrument was acknowledged before me this (J' day of n-)oreh , 2017 by Sukhwinder Bharij, as President of S&J Truck Terminal, Incorporated, a Virginia corporation, on behalf of said corporation. [SEAL] ellnliau eA P dUIh Nota Public I 10#8 O N c of ri Registration No: I z:. I Commission No.716e077 My ExpiresMy Commission ExpiresC -3 �J���1V 12131/217Q0P � [Signature Page to Proffered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: MILHWY PROPERTIES, LLC, a Virginia limited liablity company By: _. A •..,, (SEAL) Name: Suk' de If mi. Title: Member COMMO .E• LTH 0,, V 'GINIA CITY OF It. $i4`I Ito wit: 'The foregoing instrument was acknowledged before me this ISay of RI h , 2017 by Sukhwinder Bharij, as Member, of MILHWY Properties, LLC, a Virginia limited liability company, on behalf of said company. [SEAL] a CirtN N ary Publici* aRegistration No: � ' On Notary Public Commission No.7168077 (-A ' 1'Commission E'er 12/3112020 My Commission ExpiresIe,C .3, ao4o [Signature Page to Proffered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: � (SEAL) City Manager/Authoriz Designee of City Manager Attest: h Hodges Fraser, MMC, City Clerk COMMO WEALTH OF VIRGINIA CITY OF ' `. t. , to wit: The foregoing instrument was acknowledged before me this 7-5'. - day of , 2017 b \\;„M5 -�� as v.�� ( ���V\64- -of the City of Virginia Beach, a municipal corpori4tAltatife,cpmmorAvealth of Vi3ginia, on behalf of said municipal corporation. � OP qsS=• .PY P41e*O %MY 0% COMMISSION C7 • NUMBER Q = Notary Public [SEAL] � '• 273321 :_; Registration No: 2.:V13 \ ▪ ry; • •*sc- • My Commission Expires:c-\ -ZO\� ` ALTHO COMMONWEALTH OF VtIWIINi'& CITY OF Vi rq;n i c ) , to wit: The foregoing instrument was acknowledged before me thisQ-14"day of arc� 2017 by Ruth Hodges Fraser, MMC, as City Clerk of the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, on behalf of said municipal corporation. AnArpe_ -A/um-004 Commonwealth Of Virginia otary Public [SEAL] Jennifer Anne Grundler-Notary Public Registration No: -1 0 3-7 I to 7 Commission No.7037167 My Commission Expires: 5/.31//>S My Commission Expires /1� [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Spearman Property GPIN 1459-91-0373: ALL THAT certain piece or parcel of land, with the improvements thereon, situate in Princess Anne County, Virginia, in Kempsville Magisterial District, near Diamond Springs, beginning at a post beginning on Plat No. 3; thence running S. 59° 34' E. 199.3'to a post, beginning on Plat No. 4; thence S. 33°25'W. 672', to a post;thence S. 33° 25'W. 4'to a station in center of a ditch;thence down the center of said ditch N. 57°26'W.199.3'to a station in center of said ditch; thence N. 33°25' E. 4'to a post;thence N. 33° 25' E. 4'to a post; thence N 33° 25' E. 664.3'to a post, the point of beginning; said piece or lot of land being designated as Plat No. 3 and containing 2.7749 acres, exclusive of the area of the railroad right-of- way, and the private road bed, as shown by Plat showing division of portion of Simon Elliot's estate, near Diamond Springs, made by Joshua G. Moore, Ex-County Surveyor, February 20, 1924, and attached to and made a part of a certain deed from Andrew Elliott and others to William Elliott. IT BEING the same property conveyed to Rawn W. Spearman, Sr. and Carlesta E. Spearman, Trustees of the Carlesta E. and Rawn W. Spearman, Sr. Revocable Trust Agreement dated November 7, 1997 by deed from Carlesta E. Spearman f/k/a Carlesta Elliott Saunders, by deed dated October 20, 1999 and recorded November 5, 1999 in Deed Book 4166 at page 926. IT FURTHER BEING the same property conveyed to Carlesta E. Spearman by Deed of Distribution from Carlesta E. Spearman, Trustee of the Carlesta E. and Rawn W. Spearman, Sr. Revocable Trust Agreement dated November 7, 1997 by deed dated November 19, 2015 and recorded November 20, 2015 as Instrument Number 20151120001132250. The said Rawn W. Spearman, Sr. having departed this life on September 13, 2009 as shown in Will recorded as Instrument Number 20091028001260400. IT FURTHER BEING the same property conveyed to Carlesta E. Spearman and Ralph B. Saunders II Co-Trustees of The Carlesta E. Spearman Revocable Trust Under Agreement dated November 19, 2015, by deed dated November 19, 2015 and recorded November 20, 2015 as Instrument Number 20151120001132320. A-1 Exhibit B to Proffered Covenants, Restrictions and Conditions Legal Description of the MILHWY Property ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia,further described as follows: GPIN#: 1459-80-5796: All of that certain tract, piece or parcel of land, situate, lying and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being more particularly designated as Tract "C" 10.0 AC."on that certain plat entitled, "Subdivision of Property of Peter Roberts Est., D. B. 68 P. 468, Being Lots 18, 19, 20 and part of Lot 17, Cornick Farm, M.B. 55, Pg. 15, Burton Station, Bayside Borough, Virginia Beach, VA", which plat is dated September 22, 1969 and is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 81, page 54, reference to said plat being hereby made for a more particular description and location of the aforementioned property. LESS AND EXCEPT that portion acquired by City of Virginia Beach described as Parcel 008 by deed recorded in Instrument Number 20161028000975690 and Plat recorded as Instrument Number 20161026000969410. IT BEING the same property conveyed to MILHVVY Properties, LLC, a Virginia Limited Liability Company, dated May 16, 2006 and recorded May 18, 2006 as Instrument Number 20060518000755250. GPIN#1459-91-2208: Beginning at the southwest corner of part of Lot 4 and the southeast corner of Lot 3, of a Division of a portion of Simon Elliot's Estate, recorded in Map Book 7 at page 45 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; said point being S 64°25'40" E, 624.67 feet from the centerline of Tim Road; thence N 26° 20'29"E, 672.00 feet to a point; thence S 66° 38' 31"E, 156.31 feet, thence S 28°20'29"W, 211.53 feet to a point;thence S (previously erroneously referred to as N in previous deed) 81° 48' 54"W, 72.36 feet to a point;thence S (previously erroneously omitted from previous deed) 9° 22'43"W, 235.66 feet to a point;thence S 26° 20'29"W, 213.65 feet to a point;thence N 64° 25'40"W, 156.11 feet to the Point of Beginning. Containing 2.223 Acres of land, more or less LESS AND EXCEPT that portion acquired by the City of Virginia Beach described as Parcel 007 in Deed recorded as Instrument Number 20161028000975690 and Plat recorded as Instrument Number 20161026000969330. GPIN# 1459-91-4202: Beginning at the northwest corner of Lot 5 and the northeast corner of Lot 4, of a Division of a portion of Simon Elliot's Estate, recorded in Map Book 7 at page 45 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; said point being southeasterly 798.04 feet from the centerline of Tim Road; thence S 66° 38' 31" E, 182.50 feet to a point; thence S 25° 34'20"W, 165.45 feet to a point; thence S (erroneously referred to as N in previous deed) 81° 48' 54"W, 194.14 feet to a point; thence N 26° 20'29" E, 211.53 feet to Point of Beginning. Containing 0.80 Acre of land, more or less Exhibit B to Proffered Covenants, Restrictions and Conditions Legal Description of the MILHWY Property (cont'd) Beginning at the southwest corner of Lot 5 and the southeast corner of Lot 4, of a Division of a portion of Simon Elliot's Estate, recorded in Map Book 7 at page 45 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; said point being S 64°25' 40" E, 780.78 feet from the centerline of Tim Road; thence N 26° 20'29"E, 213.65 feet to a point;thence S 9° 22'43"W, 222.46 feet to a point; thence N 64° 25'40"W, 64.94 feet to the Point of Beginning. Containing 0.16 Acre of Land, more or less IT BEING the same property conveyed to MILHWY Properties, LLC, a Virginia Limited Liability Company by deed from Yvonne D. Elliott, dated July 5, 2006 and recorded July 13, 2006 as Instrument Number 20060713001060720. B-2 Exhibit C to Proffered Covenants, Restrictions and Conditions Legal Description of the S&J Property GPIN: 1459-90-2964: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel I-D, as shown on that certain plat entitled, "Re- Subdivision of Property of First Virginia Land Trust and S & J Truck Terminal, Incorporated, Virginia Beach, Virginia", scale: 1"= 100', October 17, 2006, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20061219001881190. IT BEING a portion of the same property conveyed to S & J Truck Terminal, Incorporated, a Virginia Corporation by deed from Eighth Princess Anne Properties, Inc., a Virginia Corporation, dated March 24, 1995 and recorded March 24, 1995 in Deed Book 3483 at page 1398. IT ALSO being a portion of the same property conveyed to S & J Truck Terminal, Inc., by deed from First Virginia Land Trust, David N. Reda, Trustee, dated December 19, 2006 and recorded December 29, 2006 as Instrument Number 20061229001928560. C-1 Exhibit D to Proffered Covenants, Restrictions and Conditions Legal D-. ri t s f _ e 'i "r•. The land referred to herein below is situated in the City of Virginia Beach, State of Virginia. and is described as follows: Residual Parcel Wes}: GQif4: 1459 81 7013 Residual Parcel East: aplit 1459 f 1 82V ALL THAT certain lot,piece or parcel of land,together with the buildings and improvements thereunto belonging,lying, being and situate in the City of Virginia Beach,Virginia and being designated and described as: "PROPERTY TO BE ACQUIRED FOR RIGHT-OF-WAY PURPOSES (11,281 S.F/0.2585 ACRE)"and'RESIDUAL PROPERTY WEST'TO BE ACQUIRED 14,575 S.F./0.3346 ACRE)"and "RESIDUAL PROPERTY'EAST'TO BE ACQUIRED(15,679 S.F./0.3599 ACRE) and further designated and described as"PROPERTY TO BE ACQUIRED FOR RIGHT-OF-WAY PURPOSES 11,261 SQUARE FEET 0.2585 ACRES", "RESIOUALPROPERTY WEST'TO BE ACQUIRED 14,575 SQUARE FEET 0.3346 ACRES", "RESIDUAL PROPERTY'EAST'TO BE ACQUIRED 15,679 SQUARE FEET 0.3599 ACRES", as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM MILHWY PROPERTIES, LLC BYTFIE CITY OF VIRGINIA BEACH FOR BURTON STATION PHASE III(CIP NO. 9-091)VIRGINIA BEACH,VIRGINIA". Scale: 1"=30',dated February 26, 2016 and revised through March 31, 2016, prepared by Rouse-Sirine Associates,Ltd.,which plat is recorded in the Cleric's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20161026000969440, to which reference is made for a more particular description. TOGETHER WITH all right,title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach, a Municipal corporation of the Commonwealth of Virginia by deed from MILHWY Properties, LLC, by deed dated October 20, 2016 and recorded October 28, 2018 as Instrument Number 20161028000975690. GPIN#: '3459-81-5016 That certain portion of the property described below, referred to as'Area"B": All l-,Mt utktt4in 'tot, tract er parcel of land, together wish the improvements thereon belonging, ling, situated end being in the City of Virginia aeaVh, Virginia end designated mad described Dia: "ARIA "A" a 118,948 SQ. FT. . 2.754 ACRES" and "ARIA ".S," a,4::1 r,Q. PT. + 0.193 ACRES", "TOTAL AREA a 128,3$9 SQ. PT. 2.947 ACRCS" ea shown on that certain plat entitled: "PLAT SHOW1Nti PROPERTY COI4VICYRO TO .;'HZ CITY 07 VIRGINIA BEACH FROM SCATRTC3 O0Ni;S AND :'H1»:,$A HSRBF32T tom' ALS, R3AYSIDC aC7 F1 - VIRGIN:A BEACH, VIRGINIA SURVEY CURRAO CHOINUER1NO * W29ION DEPArx!'MENT OF PCCLIC WORM' CITY OP VIRGINIA BEACH, V:R0INIA OATS: SHPT. 07, 1994 SCALE: 1" = 40'4., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of. Virginia Reach, Virginia, in 'Kap Moak 251, at psga 35, 0o wktith reference is made for a more pas'ticul&r det+rription. IT BEING the same property conveyed to the City of Virginia Beach, a Municipal Corporation of the Commonwealth of Virginia by deed from James M. Pickreli, Jr., Special Commissioner, dated June 3, 1996 and recorded June 11,2996, in Deed Book 3826,page 1249. D-1. Exhibit D to Proffered Covenants, Restrictions and Conditions Legal De.sc!:iptipn of the City Property (conVd) GPIN#: 1459-81-6140 ".hat certain lot. tract or parcel of land together with the i.altprovements thereon, situate, lying and. being in the City of Virginia. Beach, Virginia, dea.:gasted ea 'A" containing .65 ecru as ahuwzi on that certain play entitled oBlihdiv cion or Put of Property of Aline P Wills, Burton Station, Bayside Borough, Virginia Reach, va ", Scale 1'' lc', dated April 36, 1y6S, prepared by w. tj. c3allcrp; Siurveymr. which plat 10 duly :•award,# in amiss Clerk s: Ortir* of the Circuit Con-et of the ^sty of Virg nsa 19mOcil, t'irgiaia, in Map Book 79, ?age 99 c4 which reference ie made-, for a more patio sar description of said property. :'r BEIM c:tin ri.Yrm pro er;.y honeyed 4o CITY OF VdRGUY3LA bRAC7t by deed from Raymond L. vWlas',tine,, Z./z. rased Rosette Valentine, ;iussbasad and 'wife, doted February 22. 1996, rerwded iv Deed Bcx.Y. '3c , page 0052. GPIN#: 1459-90-0680 ALL THAT certain lot, piece or parcel of land,together with the buildings and improvements therewith belonging, lying,being and situate in the City of Virginia Beach, Virginia and being designated and described as: "PROPERTY TO BE ACQUIRED FOR RIGHT OF-WAY PURPOSES(40,285 S.F./0.9248 ACRE)" and "RESIDUAL PROPERTY TO BE ACQUIRED 74,360 S.F./1.7071 ACRE)" and. further designated and described as "PROPERTY TO BE ACQUIRED FOR RIGT ADF- WAY PURPOSES 40,285 SQUARE FEET 0.9248 ACRES" and "RESIDUAL AREA 3•G BE ACQUIRED 74,360 SQUARE FEET 1.7071 ACRES"as shown on that certain plat entitled: "PLAT SHOWING PROPERTY AND EASEMENTS TO BE ACQUIRED FROM MILUWY PROPER'T'IES,L t<C BY THE CITY OF VIRGINIA BEACH FOR BURTON STATION PHASE Ill CII NO. 901. VIRGINIA BEACH,VIRGINIA," Scale. I" dated February 26,2016 and revised through March 31,2016,prepared by Rouse-Sirine Associates, Ltd. .,wings plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beads,Virginia as Instrument Number 20161026000969410,to which reference is made for a snore particular description. Together with those certain drainage easements designated and described as 'PROPOSED PUBLIC DRAINAGE EASEMENT T "A" TO BE ACQUIRED(8,632 S.P.10.1982 ACRE)' and "PROPOSED PUBLIC DRAINAGE EASEMENT"I3" TO BE ACQUIRED 8,236 S,F.10,1891ACRE" and further designated and describe as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED 8,632 SQUARE FEET 0.1982 ACRES"and "PROPOSED PUBLIC DRAINAGE EASEMENT "B" TO BE ACQUIRED 8,236 SQUARE FEET 0.1891 ACRES" as shown on the aforesaid plat for drainage facilities. D-2 Exhibit I to Prcrffereed Covenants, Restrictions and Conditions Legal Description r#..tic Cid ,gperty (cont'd) Together with those certain drainage easements designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED(8,632 S.F/0,1982 ACRE)" and "PROPOSED PUBLIC;DRAINAGE: EASEMENT "13" TO BE ACQUIRED 8,236 S.P10.1891.ACRE" and further designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED 8,632 SQUARE FEET 0.1982 ACRES" and "PROPOSED PUBLIC DRAINAGE EASEMENT "8" TO BE ACQUIRED 8,236 SQUARE FEET 0.1891 ACRES" as shown on the aforesaid plat recorded as Instrument Number 20161026000969410 for drainage facilities. IT BEING the same property conveyed to the City ofVirg #nus Reach by Deed dated October29,2016 from I#Ihwy Properties LLC',a Vin iasi l;na' ed llabtlity company, recorded in the aforesaid Clerk's Office on Cictober 28,2131 ti as Instrument No,20161028(1097%90, D-3 1 _ -....,......__ II, .* ...........0"\" N I ‘ cli . 130\IX WI .,.„,.•''''' I \ \\ \ . ,...._ , ., . . .,. i 4411,r1 >. Ni I co a 0 .. • /ead, I kli' iii Ce \\1111111111111\. Igik111111111111111%\ eti ta ., * / :,.......\...... ........ii cp \ , , 1 . i.. .....::6...........„ _ - -.0 .,. - ......-- ,, 1 ,.,,•,.,:;;- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C & J INVESTORS, LLC [Applicant] TRUSTEES OF GRACE COMMUNITY CHURCH, NIANZA EMORY WALLACE, II & CRESSLER LASALLE WALLACE [Property Owners] Conditional Change of Zoning (R-10 Residential District to Conditional PD-H2 Planned Unit Development (A-12 Apartment District)) 1725 & 1733 Salem Road (GPINs 1475832693 & 1475837614). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: July 11, 2017 Background: The site is currently zoned R-10 Residential District and exists as two parcels that are developed with a church and a single-family dwelling. The applicant intends to assemble the two parcels and rezone them to PD-H2 with an A-12 overlay in order to construct up to 33 townhouse dwellings at a density of 6.20 units per acre. Access is depicted from one point of ingress/egress along Salem Road, and two potential future points of connectivity between this neighborhood and the parcel to the south are also identified on the concept plan. The development will be concentrated on the eastern two acres of the site, as much of the property is impacted by the Floodplain Subject to Special Restrictions, the Southern Rivers Buffer area, and the presence of tidal wetlands. The proffered elevations depict townhomes with either a one-car or a two-car garage, with exteriors of vinyl siding with a mix of either board and batten siding accents or split shake siding accents. Standing-seam metal roof accents and architectural asphalt shingles are also proposed. The Planning Commission recommended that the rear elevations of the townhomes be upgraded prior to the City Council public hearing, in order to provide some architectural interest to the long façades facing Salem Road. The revised elevations are included in the attached Staff report. • Considerations: Given the similarity of densities in the general vicinity of this request of 5.20 and 8.01 units per acre, the proposed density of 6.20 units per acre is appropriate at this location. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study, and the DSC has indicated that the conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. The applicant has worked diligently with Staff to address the many environmental constraints of the site. As a result, the proposed development activity will be restricted to the front portion of the C & J Investors, LLC Page 2 of 2 property, while the sensitive portion of the site to the rear will be protected and undisturbed. The proposed community amenities, the amount of open space, and screening along Salem Road all provide desirable attributes that contribute to a quality site layout. The inclusion of future ingress/egress connections to the site to the south indicates forethought that will likely benefit the future residents of this neighborhood and those of the adjacent property, if and when it redevelops. Further details pertaining to the rezoning, as well as Staff's evaluation of the request, are provided in the attached Staff report. Staff received two letters of opposition, and there was one speaker in opposition who noted concerns with the maintenance of the drainage ditch along the western property line. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, with 2 abstentions. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen A 1 City Manager: Applicant C &1 Investors, LLC, a Virginia Limited Liability CompanyNB Agenda Item Property Owner Trustees of Grace Community Church, Nianza Emory Wallace, II & Cressler LaSalle Wallace Public Hearing June 14, 2017 4 City Council Election District Centerville Virginia Beach Request " nF"P"" Won haven Po tures perla Dave Conditional Rezoning (R-10 Residential to 1. Conditional PD-H2 Planned Unit Development tCattat tone (A-12 Apartment)) v £ { 1if,t..0,.. a„ c"'''' ,00,,,g,Star Dove Staff Recommendation o 111 ¢ Sunetrea m parkway Approval l.<4-4"04 ` f'` C Topaz Lane tC 1. mo„,,,, ,07", '4, Staff Planner o,''` I. 1 Jimmy McNamara P5 9 iPeed Rock t'Mtoop or 04I Location Glenwood Way CO U....awILane Independence Bouleaa Centennial Circle Boulevard °O 1725 & 1733 Salem Road ' GP I N s lantana Plate 1475832693 & 1475837614 Foga Way Site Size 5.32 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers I tit., -, , . .: ... .... .., Tf ', • . • .;,, iy 10-. , Existing Land Use and Zoning DistrictrA ,e iT Religious use, single-family dwelling/ R-10 ' Residential thi ~''" ter t .� . + ' Y iv S ', a N pot f- r_.': °' r' l Surrounding Land Uses and Zoning Districts ' .� .� ' • ��''. r 4 North Canal, duplex dwellings/ R-10 Residential, R-5D Residential Duplex South Cultivated field, single-family dwelling/ R-10 44 Residential ► aez East ;• Salem Road Single-family dwellings/ R-5D Residential Duplex West Salem Canal Elementary school/R-10 Residential C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 1 Background and Summary of Proposal • The site is currently zoned R-10 Residential District and exists as two parcels that are developed with a church and a single-family dwelling. • The applicant intends to assemble the two parcels and rezone the site to PD-H2 with an A-12 overlay in order to redevelop the site with 33 townhouse dwellings at a density of 6.20 units per acre. • Section 1127 of the Zoning Ordinance indicates that PD-H2 properties must provide a minimum of 15%of the overall acreage as open space. The concept plan indicates 65.60%of the site will be set aside as open space,which is in great excess of this minimum standard. • Several community amenities are planned that include a gazebo, a landscaped seating area and a tot lot. • The required 15-foot buffer with Category IV plant material is depicted along the southern property line that abuts a residential zoning district where duplexes exist. Additional landscaping is proposed along the Salem Road right-of- way that will include a berm two feet in height, a four foot high solid fence, and extensive plantings. • The proffered townhouse dwelling elevations,with either a one-car or a two-car garage, depict vinyl siding with a mix of either board and batten siding accents or split shake siding accents. Standing-seam metal roof accents and architectural asphalt shingles are also proposed. • The development will be concentrated on the eastern two acres of the site, along Salem Road,as much of the rear of the site is encumbered by a number of environmental constraints including the Floodplain Subject to Special Restrictions,the Southern Rivers Buffer area, and the presence of tidal wetlands. • Access is depicted from one point of ingress/egress along Salem Road. Two potential future points of connectivity between this site and the parcel to the south are depicted on the conceptual site layout. Salem Springs Way R U A-12 r 3,a $ vo' Zoning History R-5D. )l- 0 4Q # Request -40• Si 1 1 CRZ(R-10 to Conditional PD-H2(A-12))Approved R-5D 02/08/2000 FVR Approved 02/08/2000 "-1•' ,1k. 3 CRZ(R-10 to Conditional A-12) Denied 11/10/1998 2 CRZ(R 5D and R-10 to Conditional PD-H2(A-36, B-4&A- 12)Approved 06/27/2007 R-10 Z°°jsc 3 CUP(Daycare Center)Approved 07/08/1985 4 CRZ(0-2& R-5D to Conditional B-2)Approved 09/09/2003 B-2/' \ P-1 1`...1148" . Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Southern rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The northern property line runs along an existing ditch and the rear/western property line runs along the Salem Canal. This portion of the site is impacted by the 50-foot Southern Rivers Watershed Management(SRWM) buffer. Multiple backyards,fences and patios are proposed in the SRWM buffer; however, no buildings are proposed within the buffer. An administrative variance will be required for this development activity within the buffer. According to the applicant, the proposed improvements were sited so as to minimize land disturbance and impacts to the existing vegetation (turf) and maintain the functional value of the buffer as a stormwater filter. Staff is of the opinion that granting this minimal encroachment into the fifty-foot SRWM buffer will not adversely change the rate of runoff, have adverse impacts on the adjacent shoreline and watercourse, contribute to the degradation of water quality, be of substantial detriment to adjacent property, nor impair attainment of the objectives of the SRWM Ordinance. A formal review of the proposed encroachments with regard to an administrative variance will be done during construction plan review. Additionally, a large portion of the site is impacted by the Floodplain Subject to Special Restrictions (FSSR). Most of this area is located in the rear of the site. No disturbance is proposed in this area. However, a small portion of FSSR is located along the northern property line. The applicant intends to fill a portion of the site to correct an irregularity caused by a slight topographic change. Section 4.10 (2) of the Floodplain Ordinance permits the placement of fill within the FSSR provided that the fill result in no decrease in flood storage volume on the site, it be mitigated entirely on the same site, it be contiguous to the existing floodplain to be filled, limited to the smallest amount of area and volume possible to correct irregularities within the boundary of the project, and not exceed five percent of the total area within the floodplain on the site that will incur the fill. During the construction plan review process, the applicant intends to seek approval for the placement of fill within this area. There are no known significant cultural resources related to this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Salem Road 12,726 ADT 28,200 ADT'(LOS 4"C") Existing Land Use 2-85 ADT 30,600 ADT 1(LOS 4"D") Proposed Land Use 3-203 ADT 'Average Daily Trips 2as defined by an 8,500 3 as defined by 35 townhouse dwellings 4 LOS=Level of Service square-foot church&a single-family dwelling C & J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 3 Public Utility Impacts Water This site currently connects to City water. There is a 16-inch City water main along Salem Road. The existing 5/8-inch water meters for 1725 and 1733 Salem Road (City ID#95109262 and #95114933) may be used or upgraded to accommodate the proposed development. The developer may propose for the townhomes to be serviced by individual public water service lines and meters, all fed from a public waterline in an onsite 30-foot easement. Sewer The site currently connects to City sewer. There is a 10-inch City sanitary sewer gravity main along Salem Road. There is also a 16-inch sanitary sewer force main along Salem Road. The developer may propose for the townhomes to be serviced by individual public sanitary sewer laterals, all fed from a public sanitary sewer main in an onsite 30-foot easement. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Rosemont Forest Elementary 502 635 5 1 Salem Middle 1,041 1,031 3 1 Salem High 1,677 1,850 3 0 1"Generation"represents the number of students that the development will add to the school. 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). Evaluation and Recommendation This request to rezone 5.32 acres to PD-H2 with an A-12 overlay for the development of up to 33 townhouse units yields a density of 6.20 units per acre. The neighborhood directly to the north of the subject site (Southampton at Salem Springs) was developed at a density of 5.20 units per acre. The nearby 84.80-acre Spence Farm development was approved with a wide mix of housing types, as well as retail uses. The Spence Farm concept plan depicts up to 680 units with an overall density of 8.01 units per acre. Given the similarity of densities in the general vicinity of this request, Staff believes that the proposed density of 6.20 units per acre is appropriate at this location. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. The applicant has worked diligently with Staff to address the many environmental constraints of the subject site. As a result, the proposed development activity will be restricted to the front portion of the property, while the sensitive portion of the site to the rear will be protected and undisturbed from its current state. C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 4 The community amenities, the amount of open space,and screening along Salem Road all provide desirable attributes that contribute to a quality site layout. The inclusion of future ingress/egress connections to the site to the south indicates forethought that will likely benefit the future residents of this neighborhood and those of that adjacent property if and when it redevelops. It is Staff's opinion that the proposed site layout and elevations are appropriate for the site as they provide for a quality development while protecting sensitive areas. Based on the considerations above, Staff supports this request as proffered below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be as a residential condominium containing no more than thirty-three (33) units, each with a one (1) or two (2) car garage, no less than thirty percent (30%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibit titled "CONCEPTUAL SITE LAYOUT PLAN OF NORTH LANDING VILLAS VIRGINIA BEACH,VIRGINIA", dated 03/08/2017 prepared by MSA, P.C. (the "Concept Plan") a copy of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs and exterior building materials depicted on the six(6)eight (8)exhibits designated "NORTH LANDING VILLAS", FOUR UNIT FRONT ELEVATIONS, FOUR UNIT SIDE ELEVATIONS, FOUR UNIT REAR ELEVATIONS, FIVE UNIT FRONT ELEVATIONS, FIVE UNIT SIDE ELEVATIONS and FIVE UNIT REAR ELEVATIONS, dated 3/17/17(r) and 3/17/17, prepared by JLS Contractor Services (the "Elevations"), and the four (4) exhibits designated "RENDERING NORTH LANDING VILLAS TOWNHOMES", dated 03.17.17 prepared for Beach Building Group copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: When the Property is developed, the depicted "Tot Lot" shall include age appropriate playground equipment for youth under the age of ten (10)years old costing not less than Five Thousand and 00/100 Dlooars($5,000.00), which shall be reviewed and approved by the Director of the Department of Planning or his designee during Site Plan review. Proffer 4: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Declaration shall preclude the addition of any impervious surfaces within the fenced rear yards of units numbered 1 through 14 on the Concept Plan, with the exception of individual patios not exceeding 150 square feet. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. Proffer 5: The dimensional requirements applicable to North Landing Villas shall be as follows: • Minimum setback for an enclosed building from Salem Road 30 feet • Minimum rear yard setback from adjacent property 20 feet C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 5 • Minimum side yard setback from adjacent property 15 feet • Minimum distance from front of dwelling to front of cub 20.5 feet • Minimum distance from side of dwelling to front of curb on an Interior street 3.6 feet • Minimum distance between residential buildings side to side 10 feet • Maximum building height 35 feet • Maximum fence height for interior unit/yard vinyl clad privacy fences for all units 6 feet Proffer 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles,guest parking and driveways are open spaces which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). Proffer 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and ensure that the residential development will be developed consistent the submitted layout, elevations and renderings. 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. C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 6 Proposed Site Layout CONCEPTUAL SITE LAYOUT PLAN OF NORTH LANDING VILLAS `\ VIRG NIA BEACH,VIRGINIA ` f .r.. e-....-e-....-QQ oaj��I_ N Vis 44 /, 0 v. t0.40. Ittfr-oavA s♦ t ,�; .. fig„ �6, I I. �/ \ o s... , 1. r 4 I, >rw. =aYz. �._„ D4Z. o.!,ODI, 1�V�{ NASA ,...."==1"`,„=r7"...;., "' r+oiu....°.. what .1..o.w „„ „, . Revision per request of Planning Commission with enhanced plantings CONCEPTJAL SITE LAYOUT PLAN OF NORTH LANDING VILLAS VIRG NIA MAGI-- V R$INIA .1 _ RY=A ` l_ ��* - x • LLL '�, , -No.. ...# .isr. it4\ t �. , , _ .---...0-, ,, t IfiltAf. \ \' ' ” .s_ W. .. hath_. 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C &J Investors, LLC, a Virginia Limited CompanyLiabiAligtyendaItem4 Page 8 Proposed Elevations is l i F ...: ___., � a 1=111® • ILLS =I' ! �— Y =411;-■■�_. , SCAM e.^eN w..uttmc -. -. .. w**R+AT w» •K,45 SA:L"WAD 5L-7 45"i JN'5 i6-2.R:.AR:LLVAT.ON SP._*S.JAC SIVAS ALGEN, SNR1131S AT WR . _ FALAI/AID*.OA! I � ' •- ,Nb N UNITS 30-?..4 R`AR E.E 1A'fir. Revision per request of Planning Commission with change in facade materials C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 9 Proposed Renderings _. E3 NN 101 r _ u i • E INI Er ....._„,,, ..,. , ,:_. „, ,... . 0 iii • i 1 1 I RENDERING NORTH LANDING VILLAS TOWNHOMES I VIRGINIA BEACH.VIRGINIA ' ';'7 1 i liii Vu C� v ilii oil1 0 _ f1 fi ri":111 MEN OERINC I NORTH LANDING VILLAS TOWNHOMES I VIRGINIA BEACH.VIRGINIA I' FIJI :RI I tA' ani n C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 10 Proposed Renderings ^.._ ^ i1-1111 -- M . I rmasrrrae er:rNe: an !I ; I gu rR I 111 _-__, _•=,. ,• • , .?._ „,,.._„:„.:...„.....,„•.'- RENDERING NORTH LANDING VILLAS TOWNHOMES I VIRGINIABEACH,VIRGINIA 03 17 17 Iliplipv,*, ,, 8 s 'AO fA it ., ,,..,_. t __ ■■1 our I oiu 11j. IIII\ • I NW•/�// // Vii. RENDERING NORTH LANDING VILLAS TOWNHOMES I VIRGMw BEACH,,,,N, 03 17 17 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 11 Site Photos • } �, • .. r �{` tµ. .. aj IOW P1 f to 1 '' ib+ t C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 12 Disclosure Statement 'NB Vi:gi-;i:i Reach APPLICANT'S NAME C &J Investors, t.LC, a VA limited liability company DISCLOSURE STATEMENT FORM 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, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: fAcquisition of Property I Disposition of City Modification of I by City 1 Property J Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request � Rezoning g Certificate of �_ Floodplain Variance Appropriateness ! 1 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 Page 1 of 7 ry ,, iIs/ri C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 13 Disclosure Statement Virginia(teach j Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other un ncorporated organization. Ixi Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) t ist the Applicant's name: &C J Investors, LLC If an tt C, list all member's names. William H McCutcheon: Manager; Christopher D McCutcheon, Manager If a CORPORAIION. list the the names of all officers, directors, members, trustees, etc. below, (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant. (Attach List if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is di erent from Applicant. X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here it the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization; AND THEN,complete the following. (A) gist the Property Owner's name grace Community Church If an LIC, list the member's names Richard Moore Trustee Chairman, Edward L. Jones. Trustee rage2of7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 14 Disclosure Statement Virginia Beach Phillip Wiggleton, Trustee If a Corporatror, list the names ofall officers, directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing r'ore than Sq percent of the vpttny power of another torporahnn` See State and Local Government Conflict of Interests Act,Va Coce c 2 2 11C11 2 'Affiliated business enri y relationship' means -a relationship, other than parent-suhsitiiary reaaTiorfchlp- that exists when (U one business entity has a controlhntl owrershap ,ptcsint in the other business eptly fin a controlling owner in one entity is also a cnntio ltng owner in the other entity or liii! there is shared management or control between the business entities factors that should be considered to determining the existence of an affil,ated bus'ness entry relationsh p include that the same person or substantially the same person own or manage the two entities, there are common ur cnmrntngled funds or assets the business entities share the use of thr same offices or employees n' otherwise share activities, ,esciurces or personnel or a regular basis, or there is otherwise a close .working relationship between the entities' See Mate ar.d Local Government Co:"+ftici of Interests Act. Vatoce } 22310'. 9 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject ofihe application or any business operating or Tp be operated on.s►._Pt!operty. If the answer to any item is YES, please identify the firm nr individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFFRENT, EACH I MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 15 Disclosure Statement NAB APPLICANT Virginia Beach lYES I Sl RVICE I PROVIDER(use addrnal[NO i _ needed) Accounting and/or preparer of Jahn Caldwell Ma vin Riggins& your tax return i Ccmpary PC 1571 Architect/ Landscape Architect/ dor athar Speight Land Planner Contiact Purchaser(if.,other than Li [51 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Nom! purchaser of the subject property 1 (identify purchaser(s)and purchaser's service providers) 1 Construction Contractors Bcach Bwldirsg Grou4 Ire Engineers/ Surveyors/Agents MSA F'.0 Financing (include current To he deaerrninea j mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1Xi Legal Services l:IR Edward Bourdon,Jr Fsauire • Real Estate Brokers ;' WiK Smrth.Cushman, Agents/Realtors for current and WakefioldI halhimer anticipated future sales of the subject property "John Richardson Esouire • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 o` 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 16 Disclosure Statement NB Virginia Brach 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, VBDA I meeting, or meeting of any public body or committee in connection with this Application. _ _ I ; *Christopher D. McCutcheon, Mgr' 3-17-17 APPIICANIS S10,411110 PRINT NAM( 046 1- - C&.1 Investors,LLC Page 5 of 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 17 Disclosure Statement 1/3 OWNER Virginia Beach PROVIDER (use additional sheets if I YES NO SERVICE l needed) l Ir_. I Accounting and/or preparer of your tax return `XArchitect/landscape Architect/ f' Land Planner I Contract Purchaser(if.other-than ' N 11 the Apocant - identify purchaser I and purchaser's service providers Any other pending or proposed (-' purchaser of the subject property !! (identify purchasers)and purchaser's service providers) QConstruction Contractors 1 , [Xi Engineers /Surveyors/Agents i Financing(include current l x1 1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) LX Legal Services � Real [state brokers I H--Smith. Cus Aman, IX — Agcntc/RPaltars for current and IWakefrelnfThalhimer anticipated future sales of the cut ectprtperty - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ' Does an official or employee of the City of Virginia Beach have r- an interest in the subject land or any proposed development contingent on the subject public action? i If yes, what is the name o'the official or emp'oyee anti what Ps the nature of the interest? Page 6 of 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 18 Disclosure Statement { e z s u ; i a #�`f�� 5�� r 17•_ �SY�'�4 r��' c c� t*x*" ..¢ .,r' �,:I r '2 �i�'T-t`�;: 1 4 -A434. Vii' Fit geac>},{ _ 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE RI NT NAME DATE Page 7 of 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 19 Disclosure Statement Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. yittoo• Edward L.Jones,Trustee 4/.../f /7 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE '/ Page 7 of 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 20 Disclosure Statement ./B Virginia Beach 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, VBDA meeting, or meeting of any public body or committee in connection with this A.plication. / // Phillip Wiggleton,Trustee fLjIW? PROPERTY OWNER'S SIGNATUP PRINT NAME DATE Page 7 of 7 C &J Investors, LLC, a Virginia Limited Liability Company Agenda Item 4 Page 21 Item#4 C&J Investors, L.L.C. Conditional Rezoning R-10 Residential to Conditional PD-H2 with underlying A-12 Apartment District 1725& 1733 Salem Road District 1 Centerville June 14, 2017 REGULAR Bob Thornton: Okay, Ms. Secretary, call the next matter. Jan Rucinski: The next item is item 4, C&J Investors, L.L.C.for a Conditional Rezoning R-10 Residential to Conditional PD-H2 with underlying A-12 Apartment District on property located at 1725 & 1733 Salem Road, District 1, Centerville. And there is our representative. Eddie Bourdon: Thank you Ms. Rucinski. Thank you very much. Mr.Chairman, members of the Commission,again, Eddie Bourdon,A Virginia Beach attorney representing the applicants. Jonathan Spade, Chris and Joe McCutchen are all with us this afternoon, along with Bob Miller. His firm did the preliminary stormwater analysis that was presented to Staff. I think that Mr. McNamara did an excellent job in the informal briefing condition on the application. The proposal for the townhome condominium units, all of which the impervious surface construction is all outside, completely and totally outside of the floodplain on the property.The property has 55 percent open space,as proposed. The open space is high land in terms in not being a swamp. It is in a floodplain,for the most part, but it is in dry other than when there is a flood. There are some upper non-tidal wetlands on the back of the property but those too are dry.The water table is high.There is some vegetation but we are not even near any of that. None of that is being disturbed whatsoever with this proposal,with this application. The price point on the units$250-$260, are the price points that we anticipate. We've provided connectivity. We abided by the Southern Watersheds. We do have backyards of the units that are in it. That is all. There is a specific proffer that no structures will be placed in those backyards. I did meet about a month ago with the Board of Directors that South Hampton Salem Springs, across the large ditch, a canal between the two properties. I had the pleasure of representing the Dragas Companies when that property was rezoned.The Montz family had owned it to that time. That zoning came along with the change in our ordinance that created these floodplains Subject to Special Exceptions,or Special restrictions. And there was quite a substantial floodplain variance that was part of that approval. In fact,you can kind of see the floodplain in there was floodplain here too, but mitigation was created on site as part of that. Obviously, we don't need any of that. We're not approaching the floodplain. And, I will also say that the meeting was an excellent meeting with the folks that attended. There were six or seven community members on the Board. They were pleased that these two units that are close to us, and you they got their own buffer area plus the 50 foot where the small canal is located.You can't even see what's going on over there,for one thing. Prices are in line or a better to what their user currently is selling for. None of their properties had any water in them from Matthew whatsoever. They did have water standing water in the street, and things of that nature, so;what they expressed to me and I encourage them to write to you all because this thing it does need to be addressed. I still don't know to this day quite understand how we got a four lane highway that was built by VDOT, with a stormwater BMP for that public water that discharges into this canal,yet it is not owned by the State or the City, and I'm not sure there is a drainage easement over it. It also drains development on the east side of Salem Road. I believe it even gets some of the drainage from the Spence Farm development that is taking place. So, because what they were telling me was that they would make phone calls about limbs and Item#4 C&J Investors, L.L.C. Page 2 things being in the ditch because I walked the whole thing. Some of them did maintain it because it is not blocked at all now, but they would call and it be told,well it is not our responsibility. We don't own it. That is just not right. Our discharge,our BMP is totally outside the floodplain. We will either discharge in here or we will discharge into the large Salem canal, and will not cause anybody any flooding issues or flooding problems. We are 100 percent certain of that. Now,this morning, I want to address Commissioner Wall asked a question. We would like to point out that we need to have little bigger zoning maps in our write ups. On the north side of South Hampton Salem Springs is another A-12 PD-H, across Spence Farm,on the other side of Salem Road A-12 PD-H, and south of this is an undeveloped piece, and on the corner there is an A-18 PD-H. So,there is A-12,A-18 and there is higher density, by far,than what this is at six. You're not showing it on here, but there is a residential development that is, I think it is an A-12 PD-H,there is an A-12 PD-H, and then down here there is an A- 18 PD-H, and our density is 6.2 per acre with South Hampton is 5.2 units per acre over here, and a PD-H A-18 down here has, I believe it is a little up north at 12. It is not 18 units per acre, so; it is absolutely in keeping, in terms of density numbers, and in this case, it is environmentally sensitive as it can possibly be as the BMP and all the developments completely outside. All impervious surfaces are completely outside of the floodplain. And it will not cause any flooding. Now what came up in the informal,two things that I've spoken to my clients about with regards to Mr. Ripley's concern. These are two story units. They are not three story units like Chimney Hill like some of the thing you see on Shore Drive so the profile is a lot lower because they are two story units. But,what we would propose to do between now and city Council,we can back these lots,these units back There is plenty of setback here,so we can back those up two feet,and on this side,we will stagger the units so that one is two-feet further out than the other, so you don't have that flat feel. We can also put banding on the back of the building to break up the two-stories.We got dormers already on those particular building. We added those already, and then we can also use some cedar shake,first cedar shake,which we have on the front we can do that on the back. We can break up the material with the first cedar and then the regular high quality vinyl. As per the other request,as far as doing hardi-plank,the applicants are unwilling to do that because their price point,and this area is different at$250,000-$260,000, so the high quality vinyl and the first cedar,as well as,the racine metal, bricks skirts on the bottoms is all they're amenable to doing as far as building materials are concerned. I don't believe there is any opposition. The folks I met with they were pleased. They didn't have any complaints of what we were proposing. They were very happy that we weren't going anywhere in the floodplain but they were concerned,and I encourage them to write. It has been a long time I couldn't comprehend anybody suggesting that canal and its maintenance wasn't a City responsibility or a State responsibility because we're putting all kinds of public water through that canal. Bob Thornton: Ron? Ronald Ripley: Mr. Bourdon, I am glad you put that on the record because I think, I believe that. I believe some of the other Commissions believe that as well. The determination of who is responsible for that drainage is really important because it is not one person using it,one property using it, it is several. I am sure anybody that lives in there that was around that would look to the City because they would be the logical person to be responsible,so for the record, I think, hopefully City Council will take note, City Manager will take note,the Planning Staff will determine and make recommendations so that it is really clear to the public. But thank you. Eddie Bourdon: It has been a long time, and I've never come across the City or anybody aware you got undeniably all kinds of public water going through there and again, I wasn't a part of this telephone conversation that they related to me but I believe the City is maintaining it frankly, but there shouldn't be any ambiguity of that. Item#4 C&J Investors, L.L.C. Page 3 Ronald Ripley: I appreciate the modification of the elevations.That is very helpful. I think to stagger them and material and ban will probably plus the berming and the things that will go on that will be good. I would like for them to reconsider the Hardi-plank because I think. Hardi-plank is not going to add that much more cost. But I hear what you say about price point. And you mentioned the two Eddie Bourdon: $225,000-$260,000, $225,000-$250,000. Ronald Ripley: I can understand from a builder's eye that he cares. Eddie Bourdon: Salem Springs was there.Their units are actually,from what I was told,there was selling less than that at this point, not tremendously less but less than that. Ronald Ripley: The final that you're proposing is a cedar shake look. Eddie Bourdon: A first cedar, old cedar shake vinyl and then there is some high quality vinyl and they are both,we would add to the amount of the first cedar vinyl. On the title pictures that are in the report,you can see where the cedar vinyl is. It is a very good look. Folks at the North End and Shore Drive area there is a lot of that first cedar. It looks very practical. That is the extent to which they are willing to modify the building materials. Bob Thornton: Any more questions for Mr. Bourdon? Dee? Dee Oliver: I feel really strongly about that Hardi-plank only because in of the developments that we had coming forward as you know,you've been a party to most of them, along with just the 7-Eleven that we are trying our very hardest to change the look of a lot our new developments so they have a better appearance. Eddie Bourdon: I would say to you this. I'm just the messenger but I would also say to you that where the quality of the vinyl product is much better than it was 15 or 20 years ago, but most importantly it is the run,the flat more run of vinyl that tends to have a very poor quality appearance. When you break it up and you have smaller sections and with banding and it is broken up, it does not look like the stuff that you and I would point of as that looks cheap. And, it isn't all about. I'm not suggesting that vinyl and hardi-plank are the same, but it is really the way it is utilized. And,the stuff that looks bad is where you have as Ron was talking this morning,four units flat across,you got bands of vinyl along the entire length of the building. That is where you intend to have a lesser quality appearance. Dee Oliver: Correct. I guess as we drive through our City tours,we have seen lots of developments with the vinyl siding and we watch it fall apart basically. It becomes an eyesore. It is hard to maintain. Eddie Bourdon: Also,when you also have it as a condominium, and I'm not going to sit here and tell you that every condominium look great but again, a lot of the stuff that is really aged poorly and hasn't been maintained are the fee simple townhomes, and that is why you don't approve any more fee simple townhomes, because the exterior of the condos is controlled by the Association,and they have to do the replacement as it deteriorates, so there is another layer. Every pile across the board applies to all of them, so; again, I am not trying to argue. Dee Oliver: I understand. Item#4 C&J Investors, L.L.C. Page 4 Eddie Bourdon: to give you some perspective that is not all vinyl that turns out. It is how it is being maintained. Bob Thornton: Are there any other questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Bob Thornton: With that,we will close the public hearing. Jan Rucinski: No,we have one speaker in opposition. Bob Thornton: Okay, I'm sorry. Sorry. Jan Rucinski:Vaughn Williams. If you will please state your name for the record? Vaughn Williams: The name is Vaughn Williams. I live at 4468 Salem Springs Way. I appear in opposition in terms of the drainage. Now, I live... Jan Rucinski: You have to hold it(talking about laser pointer). Eddie Bourdon: Are you talking about the second house? Vaughn Williams: Which one? No. The next one. Right there. I've lived there for 15 years. We've had two floods almost floods to our house,the last one. I have a picture of it,from Matthew.The water came down the street and ended up six inches from my front step. Okay? The canal going down in the back here, my wife and I in 2005,which we were in our den, we heard an explosion. It was a lightning bolt that split a tree and put the tree inside that canal. It is blocking the canal now. There have been Wisteria growing for the last 13 years and that Wisteria has caught on to that street and onto the trees on both sides of the canal. So it is blocking ad beginning to block that canal. Okay. Drainage wise,when Matthew came along,the water from, because I could look out my back den window,the water from. My house is right here. Now, water from the field back here was two feet under water from Matthew. The water came down the street and it is on a three degree angle, and it came right toward my house. The water from the back from the field back here was 2 to 3 feet, it went to the canal and the canal was six inches from the top. Now,the reason why the water didn't run over the canal was because some of the water coming out of the field here went forward to the church parking lot and to where the church is. So, it didn't disburse totally off in the canal coming back on to my side of the property. When you're putting in the new housing,the water is not going to be able to disburse through the church the parking lot or not, all of that area is going to be blocked, now it is going to have to disburse to the side,which is a canal and on the other side. And that canal,when someone looks at it will find a dead tree that has been there for the last 10-12 years and it is blocked. Now we tried, I tried to find out because asking the Board of Directors,our Association,they want to go find out, supposedly that canal is owned by an individual. They gave me a name of an individual and an address,which doesn't seem to exist. So, I'm concerned that the drainage, no matter what they say,the front of it is going to be the buildings but the back field where it comes off the canal. The other concern that I have is they are asking for a variance to have the property run for Salem all the way back to the canal. Well,there is wetlands back there. There is woodland back there. So,that variance, either you can't build on it or in the future, someone is going to say we got a variance for that residential area, and we're going to be able to build on it. I don't have Item#4 C&J Investors, L.L.C. Page 5 a problem with the variance for the residential doing to the front of the place but to have it change the residential along the side of the canal a long side that little small creek back to the canal... Bob Thornton: Your time is up. Can you wind this up? Vaughn Williams: Okay. It is really a problem, and no one has really looked at it and nobody has looked at the canal that is now being field with trees and debris and with wisteria. Bob Thornton: Okay,thank you. Vaughn Williams: Okay. Bob Thornton: Thank you. Does anybody have any questions? I don't see any. Stand by. We might have something for you. Okay, Mr. Bourdon? Eddie Bourdon: Thank you Mr. Chairman. Certainly appreciate Mr.Williams.A couple of important points. I think on the last point that Mr.Williams is misunderstanding what's in the write up. All of the area and Mr. Williams' property is here,and this is as far back as development goes,this will be the BMP. We are not seeking and cannot under this rezoning, all of the property from this point back which is about where there is a shed. If you look at the overhead aerial there is a little shed in the church right here. That is as far back as we are going with any development in the floodplain is back here,where Mr. Williams is saying he saw water standing. I'm not sure of the depth of water and that is where the water would be,that is where the floodplain is, and that is where it was flooding. We are not going anywhere near that. Everything we are doing including the BMP is outside the floodplain, so and there is zero. All this is in perpetuity unless City Council changes it remains a natural open area. Nothing can be built on it and that cannot happen so, I'm not really a 100 percent sure what the misunderstanding concerns but there is nothing that would be happening with the piece of property at all other than essentially from here forward and the BMP behind it, again, outside the floodplain. And the water from the development has to be treated by the BMP and the rate of discharge and volume of discharge into a receding body, be it Salem canal or the smaller canal cannot exceed predevelopment rate of discharge. So, under the new stormwater regulations,which are much more stringent,than what Salem Springs developed under or the property to the north developed under,there is really not any chance this is going to cause flooding over there.The other point that Mr.Williams made, and I've already address, and totally agree with. And, I didn't see the tree that was down but the members of the board were very clear, and they were concerned about the Wisteria and the blockage of that canal.We share that concern that should be addressed but were not the makers of that issue. Bob Thornton: Yes, Mr. Ripley? Ronald Ripley: Could Mr. Miller come up since he is the engineer? Bob Miller: Good morning. Bob Miller, professional engineer. I thought Mr. Bourdon became a quite good engineer just a minute ago. I told my clients that I was no longer necessary. Ronald Ripley:You performed a preliminary drainage study? Bob Miller:Yes. Ronald Ripley: Can you talk about that?Can you talk about what seems to be a concern about drainage? How you're going to handle the drainage.Will the water also be designed to stay on site? Item#4 C&1 Investors, L.L.C. Page 6 Bob Miller: We're required as I think all of you know now to do the preliminary drainage studies. We got to look at the ten year storms, 25 year storms, 50 year storms, 50,years, and 100 year storms. Ronald Ripley:Which is brand new? Bob Miller: Which is fairly new. I think I was the first one back with the Indian River Road project that we had; so, what we do is obviously subordinate ourselves to DSC and the Public Works people to make sure that the engineering is done in a way that is acceptable to them.The current site, I once shot myself in the eye with this thing. There is no BMP for the church, and the existing parking lot. That was done in probably the 70s or the 80s,and it wasn't done by me. But whoever did that,there was no BMP. So, we got a BMP now and this is actually going to be a dry BMP,which means that the water table in that particular part of the site, but down further,the water table is much higher, and you go down to the Salem canal but up in this area it is farther down, so;we'll have a dry BMP. During a storm event, it will fill with water and we have accounted for everything for the 100 year storm, and my engineers the 10 year storm is a light reduction of an the 100 year storm is about 11 percent reduction of the runoff that is going off of there right now. So, we have reduced the runoff by being able to retain it in this BMP.The water will come directly to the BMP, all the water from our site. Ronald Ripley: So the water will rise up an out fall and it will spill into that? Bob Miller: Well, I love engineers. Multi-stage weir. Does that sound important? Dave Redmond: It does. Bob Miller: Let me explain that to you. What we do is we drain off,we'll have a hole in the weir of the riser pipe and one of the pieces will allow for the 10 year storm as it gets, as the storm gets higher up to and including the 100 year storm,there will be a different outlet structure but it will allow the outlet over a period of time, not during most casts, during the storm event will actually not be discharging but will be putting up the BMP. Ronald Ripley: What do you think it will look like if Mathew would have occurred in this development had already been there? Do you think it would drain back into that property like that? Bob Miller: Do you want me to explain this multi stage weir again. What happens is that when a storm like Matthew hits, there is so much intensity from a rain fall. Just take a one typically we have an August thunderstorm where we get a couple inches of rain in an hour, I mean it is just super intense. The water is going to be sitting in these driveway, drive aisles, not in the driveways, because the system is not,the inlets don't take in that big storm event that fast. Over the period of Matthew occurs, this would be cold water,there might be some water in some cases,where the stormwater drain inlets are but all the finish forward here are going to be 2—2 %feet above the FEMA elevations so nothing will be, in most cases, nothing in the driveway. Undeniably there will be water out on the street. There is water everywhere when an event like that happens. There is no place.You just can't suck it into the system. The pipes are not big enough. The inlets,they are not going to take it in that fast. I forgot Mr.Wall was here. He could explain multi stage weir stage too. Mike Inman: I think Ron's concern is not going on to adjacent properties. Item#4 C&J Investors, L.L.C. Page 7 Bob Miller: It is not. Right now it is going hit or miss wherever it wants to because there is no BMP system set up to drain directly to that canal. Mike Inman: Thank you. Bob Thornton: Are there any other questions for Mr. Miller? Thank you. Jan Rucinski: There are no other speakers. Bob Thornton: Okay,then we will close the public hearing and talk amongst ourselves. Does anybody have any thoughts to bring forth? Jeff? Jeff Hodgson: I hope this application brought some awareness, which, I think it did. This ditch is a mystery to everybody. Hopefully now,we can kind of get to the bottom of who owns it and who needs to maintain it. And it will get a better situation moving forward. I can also say the Culpepper's built a number of houses in my neighborhood and they are top notch products. I kind of which he would have built my house but he does a very,very fine job that the products he does build. I understand both of your comments about the Hardi-plank and I do agree with Eddie too that when you have shorter runs on a house, it is much less noticeable then when you have a whole side of and you have the whole back of the unit done in one linear vinyl.So, I'm one to support this application. Bob Thornton: Mike? Mike Inman: I want to support what Eddie had to say also about the maintenance aspect of it representing a lot of Condominiums Association and HOAs. I can tell you that with the maintenance responsibility on the Association to the exterior of the structures, it intends to get attended to because there is money put a side. There is a program for maintenance that encompasses all the buildings and it is not a one by one basis as it would be in a townhouse community where you're depending on everybody putting a side their own money,and stepping up at the right time to take care of their property. So, I think there will be some consistency and quality and maintenance that would allow for the use of the materials that he is proposing would be fine. Bob Thornton: Jan and then Ron. Jan Rucinski: Do we put something in the conditions that will not hold to making the backs on Salem Road offset as opposed too... Kay Wilson:This does not have any conditions. It is a conditional rezoning. Eddie Bourdon: If I may? For the record,we will make those revisions in conjunction with Staff and be happy to share it with any Commission members before we go to City Council.So,Staff will be able to share them with you,the changes that we spoke of on the rear of those units on Salem Road. Jan Rucinski: Okay. Thank you. Bob Thornton: Okay. Ron? Ronald Ripley: No. Item#4 C&J Investors, L.L.C. Page 8 Bob Thornton: Is there anybody else? Karen? Karen Kwasny: I don't know if I asked Bob this question or not still in relation to the engineering that he was talking about? Bob Thornton: I think so. Bob Miller: Yes ma'am. Karen Kwasny: So it is just mostly in relation to the gentleman speaker who came up in opposition. I think perhaps more concerned to what degree because this was not engineered to address stormwater management previously is what I understand you're using? Bob Miller: Correct. Karen Kwasny: And that the varying weir. I understand it completely. I don't know if that is the terminology but the rear and the BMP are the driving BMP are going to significantly address the site in the way it hasn't been addressed before. Bob Miller: Correct.Yes ma'am. Karen Kwasny: So, he will have some degree of relief from whatever he was seeing back there. Bob Miller: Yes,on our property it wouldn't be a flood. We are outside the floodplain. Karen Kwasny: In witnessing in terms of the standing water on the site during storm events like Matthew, it will not be to that degree because you have something on site addressing it now. Bob Miller: Right,on our site. Karen Kwasny: On your site. Okay,that is all that I have for you but I did have an additional question. Bob Thornton: Go ahead. Karen Kwasny: How can what this application is doing offset, and I don't know if it can so just forgive me if it is an ignorant question but to what degree to what is being seen dong on the site affect knowledge of the owner ship of that ditch that is not necessarily part of this problem but effecting. It's been a good part of our discussion so I'm wondering how this application can affect the ownership of that ditch, maybe not at all? Is that the case? Barry Frankenfield: Mr. Chairman,we will and if you give me the address,we will report to Public Works and make sure it is investigated and followed up, and more than likely it will be appropriate if they clean it up. Karen Kwasny: Right, because we would have problems. Barry Frankenfield: We will handle it. Item#4 C&J Investors, L.L.C. Page 9 Mike Inman: Are you talking about maintenance or ownership? Karen Kwasny: Ownership, because once we know ownership,we might be able to determine whether tis the private owner who has to maintain it. Mike Inman: That is a real estate title issue. It has to be researched. Barry Frankenfield: We agree with Mr. Bourdon. More than likely the City will have some responsibility but we will look into it and we'll, if you want to we will get back to you, but it is totally appropriate,we will handle it. Bob Thornton: Dave had a question. Dave Redmond: I was going to move approval of the application. Dee Oliver: I got one last ditch question. You're suggesting that the tree fell into the canal and that obviously that is going to cause a problem upstream and downstream, and as the ditch feeds into this canal, obviously it is privately owned, how does that get addressed? Barry Frankenfield: The same way. Dee Oliver: Okay. Barry Frankenfield: We're going to address it. Dee Oliver:That is just the obvious way! Bob Thornton: Dave? Mike Inman: I'll second the motion. Dave Redmond: I move approval of the application. Bob Thornton: A motion made to approve it and seconded by Mr. Inman.The vote is open. David Winer: I need to abstain on this. The developer is my partner. Bob Thornton: I also need to abstain too. Kay Wilson: Mr.Thornton,the reason for your abstention? Bob Thornton: My company is working on this project. We are representing the landowner. Kay Wilson: Thank you. Ed Weeden: The vote is open. AYE 9 NAY 0 ABS 2 ABSENT 0 Item#4 C&J Investors, L.L.C. Page 10 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE REDMOND AYE RUCINSKI AYE THORNTON ABS WALL AYE WEINER ABS Ed Weeden: By a vote of 9-0-2,with the abstentions so noted,the application of C&J Investors, L.L.C. has been approved. Bob Thornton: Thank you. G.A.,..,,, I `rl CITY OF VIRGINIA BEACH ...1.0. ,......_.,.„ ...t. 4c: .‘,..0..c . . ... ,..6 2 , .._ ._ '-,-,A-) �m \ ,)rya t a INTER-OFFICE CORRESPONDENCE ori of n .'''.** In Reply Refer To Our File No. DF-9816 DATE: June 27, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson `g DEPT: City Attorney RE: Conditional Zoning Application; C & J Investors, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2017. I have reviewed the subject proffer agreement,dated March 16, 2017 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: Nancy Bloom C &J INVESTORS, LLC, a Virginia limited liability company RICHARD MOORE, EDWARD L. JONES and PHILLIP WIGGLETON, Trustees of GRACE COMMUNITY CHURCH NIANZA EMORY WALLACE, II and CRESSLER LaSALLE WALLACE TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 16th day of March, 2017, by and between C & J INVESTORS, LLC, a Virginia limited liability company, party of the first part, Grantor; RICHARD MOORE, EDWARD L. JONES and PHILLIP WIGGLETON, TRUSTEES OF GRACE COMMUNITY CHURCH, parties of the second part, Grantor; NIANZA EMORY WALLACE, II and CRESSLER LaSALLE WALLACE, parties of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property containing approximately 4.545 acres located in the Centerville District of the City of Virginia Beach, Virginia, which is designated "PARCEL 1" and described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the parties of the third part are the owners of that certain parcel of property containing approximately 0.777 acres located in the Centerville District of the City of Virginia Beach, Virginia, which is designated "PARCEL 2" and described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel long with PARCEL 1 are together hereinafter referred to herein as the "Property"; and GPIN: 1475-83-2693-0000 1475-83-7614-0000 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the party of first part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-io Residential District to Conditional PDH-2 District with an underlying A-12 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District and the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. When the Property is developed, it shall be as a residential condominium containing no more than thirty-three (33) units, each with a one (1) or two (2) car garage, no less than thirty percent (30%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibit titled "CONCEPTUAL SITE LAYOUT PLAN OF NORTH LANDING VILLAS VIRGINIA BEACH, VIRGINIA", dated 03/08/17 r, prepared by MSA, P.C. (the "Concept Plan") a copy of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs and exterior building materials depicted on the eight (8) exhibits designated "NORTH LANDING VILLAS", SALEM ROAD FOUR UNIT SIDE ELEVATIONS, SALEM ROAD FOUR UNIT REAR ELEVATIONS, FOUR UNIT FRONT ELEVATIONS, FOUR UNIT SIDE ELEVATIONS, FOUR UNIT REAR ELEVATIONS, FIVE UNIT FRONT ELEVATIONS, FIVE UNIT SIDE ELEVATIONS and FIVE UNIT REAR ELEVATIONS, dated 3/17/17(r) and 3/17/17, prepared by JLS Contractor Services (the "Elevations"), and the four (4) exhibits designated "RENDERING NORTH LANDING VILLAS TOWNHOMES", dated 03.17.17, prepared for Beach Building Group, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the depicted "Tot Lot" shall include age appropriate playground equipment for youth under the age of ten (10) years old costing not less than Five Thousand and oo/ioo Dollars ($5,000.00), which shall be reviewed and approved by the Director of the Department of Planning or his designee during Site Plan review. 4. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Declaration shall preclude the addition of any impervious surfaces within the fenced rear yards of units numbered 1 through 14 on the Concept Plan, with the exception of individual patios not exceeding 150 square feet. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, tot lot, landscaping and other improvements on the Property as depicted on the Conceptual Plan. 5. The dimensional requirements applicable to North Landing Villas shall be as follows: 3 • Minimum setback for an enclosed building from Salem Road 30 feet • Minimum rear yard setback from adjacent property 20 feet • Minimum side yard setback from adjacent property 15 feet • Minimum distance from front of dwelling to front of curb 20.5 feet • Minimum distance from side of dwelling to front of curb on interior street 3.6 feet • Minimum distance between residential buildings side to side 10 feet • Maximum building height 35 feet • Maximum fence height for interior unit/yard vinyl clad, privacy fences for all units 6 feet 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are open spaces which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of 4 Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors further covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: C & J Investors, LLC, a Virginia limited liability company By: / V./ r (SEAL) Chris opher D. McCutcheon, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 17th day of March, 2017, by Christopher D. McCutcheon, Manager of C &J Investors, LLC, a Virginia limited liability company, Grantor. A-y,YL-./1/V )c0"(,14$1/41 .'• Notary Public ,b H. , H My Commission Expires: August 31, 2018 O Notary Registration Number: 192628114202 �+ P.f 6 WITNESS the following signature and seal: Grantor: Grace Community Church By: /•.ci•l w•-/ (SEAL) Richard Moore,Trustee (SEAL) Edwar L.Jones, stee By:_ (SEAL) Phillip iggleton,"1 Y` teL /e 00t1 � E Srep '., STATE OF RGINIA Q = 2 o CITY OF \J is ,' 6 Q Loth to-wit: commIss1oN : Q HUMBER :2 7586749 The foregoing instrument was acknowledged before me this ,(y ' day of •, •J� r 06 2017,by Richard Moore,Trustee of Grace Community Church, Grantor. '•,,��i{rl;�A• OF0% v►► IM.at is ,(J�.�.,,.,. Notary Public My Commission Expires: NievatAkyte 3DB 1-o I? , Notary Registration Number: 1W$Q 1 ti 9 .�` ONE %S !', e �. •�rRY Pt;d �r �•'�'� MY C1;s STATE OF VIRGINIA COMMISSION CITY OF � t��a �Q.QC.G� ,to-wit: 0:• (DUMBER :Q 7586749 2 ' The foregoing instrument was acknowledged before me this I VK day of ��''••,......•'S��.: 2017,by Edward L. Jones,Trustee of Grace Community Church, Grantor. T%;� ALTH.. .... Notary Public My Commission Expires: 103o 34011 Notary Registration Number: 113404?Zre t-f 7 STATE OF VIRGINIA CITY OF JW i 60." rj e4c4 ,to-wit: tottimittot, The foregoing instrument was acknowledged before me this ( ' day ofi',o,'i.• "�• '• '••. 2017,by Phillip Wiggleton,Trustee of Grace Community Church, Grantor. ;. • (9;..- .2' MY n. z n. COMMISSION O ; NUMBER :s- • n- A1� D� %7i.� 7580749 1/N�'fi wHrG /l Notary Public '•,� ••.......••��Q�\•` My Commission Expires: c(J g.Mc er >Orr """ Notary Registration Number: 1S1 014 q 8 WITNESS the following signature and seal: Grantor: _ (SEAL) ianza Emory Wallace, II STATE OF VIRGINIA V CITY/C014NTY OF 1,21 110 IA -t0a C40-Wit: The foregoing instrument was acknowledged before me this ) 9\ day of ii2J i 2017,by Nianza Emory Wallace, II, Grantor. ',--1" ::\u‘.1ell:/7 ' .,:, )4,e—t t- /1-/F---tfi \,\\\s,r\PIL ' `1.,, Notary Public ;v:'e� , 2 My Commission Expires: X213 i V � =C7:O o`rj o� :Lc AD - Notary Registration Number: 9 5 5 7 G ^cg' `` o 9 WITNESS the following signature and seal: Grantor: 2J j2o (SEAL) Cressler LaSalle Wallace STATE OF VIRGINIA CITY/COUFY OF v 11"111/41 i&, agQQ C to-wit: The foregoing instrument was acknowledged before me this I R day of#4 0 R14.- 21317, !4.-.2017,by Cressler LaSalle Wallace, Grantor. AieLts2. st ,,,,olitiflio,,/ Notary Public .\' P.\.-•••.•• // g`�'Je�.ic '. ..b�y�% w': Q :i o� cc My Commission Expires: 1 Al 31,I °?Ol 1) _ tr iu: c� :- Notary Registration Number: ) q69 517 = Q: ,4. Q4, :O � o p ,� :,, , z - ,- ; t�'` ��''•, COMM( \`� 10 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and appurtenances thereunto belonging,lying, situate and being in the City of Virginia Beach, Virginia, as shown on a certain plat entitled"4.71T7 acres field,`4.36 acres by plat'as shown on `Physical Survey of Property for Grace Brethren Church', made by John E. Shine and Associates, Ltd., dated December 23, 1985, and which plat is attached hereto and incorporated herein and reference to which is hereby made for a more particular description thereof, and also being shown on a certain plat entitled,"Physical Survey of Property sold to Chas.F. Martin by Ella F. Wilbur, widow, situated on the west side of Salem Road about one (1) mile south of Princess Anne Court House Road, containing 4.36 acres", made by Geo. H. Stuart, C.E., Norfolk,VA,April 24, 1936, and which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 10,at Page 70. LESS AND EXCEPT that 0.064 acre portion conveyed to the City of Virginia Beach, Virginia, for widening Salem Road by Deed dated December 17, 1986, recorded in the above referenced Clerk's Office in Deed Book 2629, at Page 2172, as further depicted on the plat recorded in Deed Book 2622,at Page 226. GPIN: 1475-83-2693-0000 PARCEL 2: ALL THAT certain tract, piece or parcel of land, situate, lying and being in Kempsville Magisterial District, Princess Anne County,Virginia(now referred to as City of Virginia Beach, Virginia), on the Salem Road, and described according to a plat and survey made by S. M. Simpson,County Surveyor,February 9, 1929,as follows: BEGINNING at a point on Public Road known as the Salem Road leading to Kempsville, a point distant 213 feet from the intersection of said above mentioned road and a county ditch; thence South 20° 3o minutes East 150 feet; thence South 72°West between parallel lines 250 feet;said parcel being adjacent to parcel marked"W.F.Wilbur"on said plat. LESS AND EXCEPT that 0.087 acre portion conveyed to the City of Virginia Beach,Virginia, by Deed dated February 3, 1998 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 3887,at Page 2116. GPIN: 1475-83-7614-0000 H:\AM\Conditional Rezoning\C&J Investors\Proffer Agreement_clean 3-27-17.doc 11 J ,k 1 1 L4-3 . Igi .--- </N.- .." t, I r eon ool v L f n n L. al —lam f --7 ��11 t J ' op • r amJaAels e ] 1 0 n n�L r I u uErill 1 M ? IZIQ AI.1a Ue1�1}seo I --u-- n- 1 so L_J. laf 1 CO \ 0 ; *65 Ll _r.,,--/—Th_l_r---1 r-----i r-r- l \ m 1 _ ' s ;anon uags�� ////' L�J f 1 5 COV L\- - il. ...- - / / ,,, 1% likt. „ --. .5,-/P1/:,/\ /N ' -mom onstittithaa Drive-- o'' �a. o- �, K ID .�----�-, _1 41 Li ' 11;1,44242 Nina Drive i 01, I 0 ED21:ri-LIThi ai AIL ct' . cL, LP0 ,:, J ct, , 0 , .2 C3 6:),Ar c_t:j. I _ T I 1--- 411 Ir* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INFOTEC, LLC [Applicant] THE RUNNYMEDE CORPORATION [Property Owner] Conditional Use Permit (Business & Vocational School) 100 Constitution Drive (GPIN 1477633810). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: July 11, 2017 • Background: The applicant is requesting a Conditional Use Permit for a Business and Vocational School located within a 57,000 square-foot office building. The business school, which provides custom training solutions for new technologies, operational improvements and leadership, has an approved business license and has been operating for several years at this location. The proposed expansion is limited to the addition of 255 square feet of classroom space. The total classroom space provided within the building will be 818 square feet. • Considerations: There is more than ample parking available on this site for the vocational school, as well as for the other uses within the building. While this site is not located within a Strategic Growth Area, it is directly adjacent to the Central Business Core District of the Pembroke SGA. The applicant's technology and information based organization is compatible with the vision of the SGA, and provides increased viability to the Central Business Core District. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. The Vocational School shall operate from the existing two-story building depicted on the submitted site layout entitled, "ALTA/ACSM LAND TITLE SURVEY OF LOTS 70-73 & THE EASTERN PORTION OF LOT 69 PART OF THE PORTER SHELDON FARM (MB 5, PG 46) FOR 100 CONSTITUTION DRIVE ASSOCIATES, L.L.C.," dated January 14, 2015 and prepared by MSA, P.C. 2. Any additional signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents Infotec, LLC Page 2 of 2 installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart • - - gency: Planning Departmen ErAAA City Manage 141NI?� Applicant Infotec, LLCAp3 Agenda Item Property Owner The Runnymede Corporation Public Hearing June 14, 2017 City Council Election District Lynnhaven 13 Virginia Beach Min Shen Request is Dutch Street Conditional Use Permit(Business and I Vocational School) Columbus Street bameu 4 CSouthern Ywlavar0 Staff Recommendation "^" Y y.,.• IRE , 74 Approval € yy camps• Drive i n f 'e < O � G Trllm,r D, j J F -- .. ...... ..... Kevin Kemp ^tic�rye 'oke J 1 i # I 1 Location ,°'6 & 160 :5 „c.o. 100 Constitution Drive GPIN c' 1477633810 B—d.„„, Site Size 2.50 acres AICUZ Less than 65 dB DNL Watershed .__..•• yr-r. Chesapeake Bay I k� yr.\ �n. I;V it 4. ..i, 'i•R eFs II I .5,.61 :Tf,l i 1 • . -. • s .. k `i,. Existing Land Use and Zoning District He ^• . Office&Commercial/ B-3 Central Business _` Surrounding Land Uses and Zoning Districts -, • ^r ,,M„ e 'T3. _ 1 . 6141 LOIlli North �. ,� , < awilit Norfolk Southern right-of-way , 14_ �. �„ Commercial/CBC Central Business Core , ,;- _ ,Y F South • ' : ,.. 'i . ,. i Multi-family dwellings/ 13-4 Mixed Use r...,...4 l 1.East . 3 � ` , • - : r _ . Multi-family dwellings/A-18 Apartment • t " �.;: °' �� ,, ` i West 444 le t_ ' � Constitution Drive Multi-family dwellings/B-4 Mixed Use Infotec, LLC Agenda Item 13 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit to expand a Business and Vocational School located within a 57,000 square-foot office building. • The business school has an approved business license and has been operating for several years. Infotec, LLC designs custom training solutions for new technologies, operational improvements and leadership. • The proposed expansion will be 255 square-feet of classroom space. The total classroom space provided will be 818 square-feet. • The 158 parking spaces provided on site satisfy the off-street parking requirement for the existing and proposed use of the site. • No changes are proposed to the site or to the exterior of the building. B...i. Court B CBC a CBC 2 0 9 4 a - Zoning History # Request suorruourrorruai 1 STC(Approved 12/11/2012) rL_ Segovia Court 2 CUP(Private College or University)Approved " L '��/ 10/11/2011 Plots Lune 3 REZ(B-3 to A-2)Approved 12/11/2012 ° STC(Approved 07/09/1984) Garavace Drive c REZ(B-3 to B-4) Denied 07/09/1984 4 CRZ(B-3 to B-4)Approved 12/12/1983 .'A S. Genoa Circle pec Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Infotec, LLC Agenda Item 13 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Constitution Drive 5,848 ADT 1 22,800 ADT (LOS°"D") Existing Land Use 2—165 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use 3—43 ADT 1 Average Daily Trips 2 as defined by 15,000 3as defined by a vocational school with °LOS=Level of Service square feet of general office 40 students Public Utility Impacts Water The site is currently connected to City water.There is an eight-inch City water main along Constitution Drive. Sewer The site is currently connected to City sanitary sewer.There is an eight-inch sanitary sewer force main along Constitution Drive and an eight-inch sanitary sewer gravity line along Constitution Drive. Evaluation and Recommendation This request to expand upon a vocational school within an existing office building is, in Staff's opinion, consistent with the surrounding land uses.Although this site is not located within a Strategic Growth Area, it is directly adjacent to the Central Business Core District of the Pembroke SGA. The applicant's technology and information based organization is compatible with the vision of the SGA, and provides increased viability to the Central Business Core District. As the applicant has been operating out of this space for several years without incident, no adverse impacts are anticipated to the surrounding properties. As such, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. The Vocational School shall operate from the existing two-story building depicted on the submitted site layout entitled, "ALTA/ACSM LAND TITLE SURVEY OF LOTS 70-73 &THE EASTERN PORTION OF LOT 69 PART OF THE PORTER SHELDON FARM (MB 5, PG 46) FOR 100 CONSTITUTION DRIVE ASSOCIATES, L.L.C.," dated January 14, 2015 and prepared by MSA, P.C. 2. Any additional signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. Infotec, LLC Agenda Item 13 Page 3 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. Infotec, LLC Agenda Item 13 Page 4 Existing Site Layout 9SfG,-.410 C.Y Cnn ,.,' . .]O...7�I.0.ry.,i1t.•.70 oft•�M 2.0 ;..,..r;•:'%:..., :\ • -___ - - waw (M M'4 Md i ---2::::,--....;Z=.7.7.--- 's'•, -.. IW.t.4:413.4 IOWOd su lD Le. , , •.• . W tO`,0.W010.10tlIT1 1.•[t-t ti0) 1 ;1 a i !lit 111t11tilil�illttt;till -'••T . et lt! ttt11 ( t1.111 �a, t . i !. ! II a +44/4 11 t !.(.t: : ..,1 1It .�t, iti �' k it.low — _ t arra• ( l - is .4 • '[t :l ,� ..._ ( •.,. s�.Pira° t .14 :11,.t`' ` , - - �-. - --_-- :311;1$411 ;ti t illi � _ `ill ' 1 '! 1 ..4- ..�. '_.+1�i' it ® I— 1...i. '11E !( ttttl 1"f i{` W i1t q1 e. :031i/ III ! I I It:44, i `, f ! i/1 H F 1` , a W .1._ ____i ,!, , 1 ., 1 ii ufi — , 0 i_ ..1 .# i 11'1 t - 1iiW0a t, I- )- 7.; )r ( I I ,' C-1 r I til oC t- 4 L.,2_,....,.._.,.— �•______-� \J := 1 �� I a�> r� z t=' ill ! , 1 s " I [�x-W [!f,� i i 1 .-- ,, oa _ i+1,• 1 p ggtttt e .5 V F i 1 t �i •+ I-' J V !+. It1 pit!. 1.4 ! , _ I , t I 1.. 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W.1 1;,!.' i ( Ill III11►' i i /i (1 �" i 1' t E 11 t ti1.a (0.Ili l i!;:1 'Cht , !MP i!l. i , 11 fait 7 !1 `+( II.It , = !1 ' tlr {S 1 t 1 i{ !! 1 +1 a ( + t i t . �; 1. 1 Ili; �:l t ttilli'1 :til! tt 011 1 1 A 11111 11111110011 a gll3:;n';�.,,1 !Orli . �� C�� � �, Pit :� i1 l I i t+a ! + �: •' t i:i� !gill, a� • i i t ! 0 t 9 i . iiii! I;t, • i 1�1+: , '1`. to Nig ttrt` a ,, {4 ,: ;�Z;, .��i ���iI� is���; '�ll4 l•1 �� 1!1�"� ! 41{' 10,�t�1 !lliotthlin i s 1 i5 3,t t ial i .r ,.rtl . 4 1,1 �L `!ti` r �� t . i 1 1 1 ,,�, �p !.► t l iii:Igi ht;;!liiit tl 1 ' lop I i 11141011•,1,1!1 .ii..e11i nhaiSliii%ilkk:it Naim l Infotec, LLC Agenda Item 13 Page 5 Existing Building , s. 'OP . r, J Y k Infotec, LLC Agenda Item 13 Page 6 Aerial Photos ‘.. , .rte; , T i1 _ _ _ _: - C - * , • , - „,„1,\ -i - - AERIAL VIEW FROM THE NORTH LOOKING SOUTH \ \Ill ' { ,I - ., r x � $6- C, i O will. AERIAL VIEW FROM THE WEST LOOKING EAST Infotec, LLC Agenda Item 13 Page 7 Disclosure Statement ISIE Virginia Beach APPLICANT'S NAME INFOTEC, LLC DISCLOSURE STATEMENT FORM 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, or 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 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 Page 1 of 7 .ili,...� -....v u i. k _ ...t-t•f(C"let�l 7C( i ._ 1 li:i.,, 0 APPLICANT NOTIFIED 01 HEARINC, NO CHANCES As OE (may /2V/7 Jimmy McNamara R.EYlSIONS sti3mi rTEU Infotec, LLC Agenda Item 13 Page 8 Disclosure Statement Vi;gitda Beach • Check here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Infotec,LLC If an LLC,list all member's names Mark Dreyfus(Manager) If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below (Attach list if necessary) (8) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) ECPI University LLC See next page for information pertaining to footnotesI and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only,if property,owner is different from Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. Fir 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:The Runnymede Corporation If an LLC,list the member's names Page 2 of 7 Infotec, LLC Agenda Item 13 Page 9 Disclosure Statement Virginia Bads If a Corporation,list the names ofall officers,directors,members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent subsidiary relationship` means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Rpolication or any business operating or to be ooerated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Infotec, LLC Agenda Item 13 Page 10 Disclosure Statement APPLICANT a Beach YES I NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) L] Construction Contractors _ Mid Atlantic Building Services Engineers/Surveyors/Agents Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Troutman Sanders LLP Real Estate Brokers/ '-' Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Infotec, LLC Agenda Item 13 Page 11 Disclosure Statement t rr '" 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 meetin any public body or committee in connection with this lication. CANTS dflMY #'? Page 5 of 7 Infotec, LLC Agenda Item 13 Page 12 Disclosure Statement x � tea• v# . » c r a:�.. �... ^�u t „�FwAt,e „a. ; OWNER r�t t�'��„"t' � ��"ff"41"m ��"�' ;,�-;;`arr_,ri-_• -^�.. � .y.,,.,L��� sYS"i'y.t� s ",ti! t . " � t ":, PROVIDER t x^,.�,':s elts rr YES [NO i SERVICE ( ` mt,. Ei ._._J Accounting and/or preparer of your tax return L-1 C Architect/landscape Architect/ Land Planner Contract Purchaser Of other than thl,Agokinti-identify purchaser and purchaser's service providers Any other pending or proposed I ( x 1 purchaser of the subject property (identify purchasers)and purchaser's service providers) L [x Construction Contractors Eln Engineers/Surveyors/Agents Financing(ndude current Towne Bank-Current Mortgage � mortgage holders and lenders Holder LTJ selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Real Estate Brokers/ U Fa Agents/Realtors for current and anticipated future sales of the subject property 4 + SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an offidal or employee of the City of Virginia Beach have L= an ingest in the subject land or any proposed development L I contingent on the subject public action/ If yes,what is the name of the official or employee and what is the nature of the Interest? Page 6 of 7 Infotec, LLC Agenda Item 13 Page 13 Disclosure Statement • • v „ tet :•M z t wx`t- i �sttK �,` +'_-'.fig"+a•� _ _ �'�ror F nh F t _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understan• •. receipt of notification that the application has been schedu • for public hearin., am responsible for updating the information prow •ed herein two- • or to the Planning Commission, Council, VBDA m Ogg,of meeting of any public body or committee in connection with this ••'icati• 'ROPE- . :-s SIGNATURE . RINT NAME DATE • Page 7 of 7 Infotec, LLC Agenda Item 13 Page 14 Item#13 Infotech, L.L.C. Conditional Use Permit 100 Constitution Drive District 5 Lynnhaven June 14, 2017 CONSENT An application of Infotech, L.L.C.for a Conditional Use Permit(Business and Vocational School)on property located at 100 Constitution Drive, District 5, Lynnhaven. GPIN: 1477-63-3810-0000. CONDITIONS 1. The Vocational School shall operate from the existing two-story building depicted on the submitted site layout entitled, "ALTA/ACSM LAND TITLE SURVEY OF LOTS 70-73 &THE EASTERN PORTION OF LOT 69 PART OF THE PORTER SHELDON FARM (MB 5, PG 46) FOR 100 CONSTITUTION DRIVE ASSOCIATES, L.L.C.," dated January 14, 2015 and prepared by MSA, P.C. 2. Any additional signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 13. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 13 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. ^Hv �a1 X114JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 111, 207, 232, 301 (Preservation District), 401 (Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts), 701 (Hotel Districts), 801 (Office Districts), 901 (Business Districts), 1001 (Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core Districts), and the Oceanfront Resort District Form-Based Code Sections 5.2 and 5.3.17 pertaining to Small Wireless Facilities and definitions, requirements and uses MEETING DATE: July 11, 2017 • Background: During the 2017 Legislative Session, the Virginia General Assembly adopted Virginia State Senate Bill 1282. This amendment will bring the City Zoning Ordinance into compliance with the recently adopted legislation. This ordinance amends the definition of "small wireless facilities," specifically identifying two criteria that must be met: (i) the antenna and all elements are located within an enclosure no larger than six (6) cubic feet in volume or are no larger than six (6) cubic feet in volume, (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet. This amendment also makes changes to the requirements for wireless facilities placed on existing structures. Section 207 is amended to allow up to 35 facilities for existing structures on one application, replace "shall" with "should" in regard to concealment and landscaping, remove the prohibition for those properties containing a single-family or duplex dwelling and require removal of the facility if unused for one year. Section 232 is amended to require a Conditional Use Permit for any small wireless facility not placed on an existing structure. This distinction between a permitted use on existing structures and a conditional use on structures not existing is amended throughout the Preservation, Agricultural, Residential, Apartment, Hotel, Office, Business, Industrial, RT-1, RT-3, Central Business Core and Oceanfront Resort Districts. City of Virginia Beach, Small Wireless Facilities Page 2 of 2 • Considerations: Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department`�� peatl2frif:1 City Manager: el 1 AN ORDINANCE TO AMEND SECTIONS 111, 207, 232, 2 310(PRESERVATION DISTRICT), 401(AGRICULTURAL 3 DISTRICTS), 501(RESIDENTIAL DISTRICTS), 4 601(APARTMENT DISTRICTS), 701(HOTEL DISTRICT), 5 801(OFFICE DISTRICTS), 901(BUSINESS DISTRICTS), 6 1001(INDUSTRIAL DISTRICTS), 1501(RT-1 RESORT 7 TOURIST DISTRICT), 1521 (RT-3 RESORT TOURIST 8 DISTRICT), 2203(CENTRAL BUSINESS CORE DISTRICT) 9 OF THE CITY ZONING ORDINANCE, AND THE 10 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 11 SECTIONS 5.2 AND 5.3.17 PERTAINING TO SMALL 12 WIRELESS FACILITIES AND DEFINITIONS, 13 REQUIREMENTS AND USES 14 15 Sections Amended: §§ 111, 207, 232, 301, 401, 501, 601, 16 701, 801, 901, 1001, 1501, 1521, and 2203 of the City 17 Zoning Ordinance 18 19 Sections Amended: §§ 5.2 and 5.3.17 of the Oceanfront 20 Resort District Form-Based Code 21 22 WHEREAS, the public necessity, convenience, general welfare and good zoning 23 practice so require; 24 25 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 26 VIRGINIA: 27 28 That sections 111, 207, 232, 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 29 and 2203 of the City Zoning Ordinance and sections 5.2 and 5.3.17 of the Oceanfront 30 Resort District Form-Based Code are hereby amended and reordained to read as follows: 31 32 Sec. 111. Definitions. 33 34 Small wireless facility. Small wireless facilities include smaller antennas and 35 -e -• :- . _ :•: ' - - - - - - - - - - - - - - - - - - . . -- 37 - - - - - - - - - - - • - - - - -e - - - - - - - - - •• - -e • 39 •• - - - - - - - - - -- - - - - - - e - - - 40 • - - - - - - - -- _ , - - - - - - • - -- - - • - - -• - - , - = - 41 - - -- - - - - - _ .. - - -- - - - - - - - - -- - , 42 cables, wires, braces, masts or other appurtenances. Small wireless facility means a 43 wireless facility that meets both of the following qualifications: (i) each antenna is located 44 inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an 45 antenna that has exposed elements, the antenna and all of its exposed elements could fit 46 within an imaginary enclosure of no more than six (6) cubic feet and (ii) all other wireless 47 equipment associated with the facility has a cumulative volume of no more than twenty- 48 eight (28) cubic feet. 49 50 Sec. 207. Building-mounted antennas, small wireless facilities and temporary 51 communication towers. 52 53 . . . . 54 55 (b) The following provisions shall apply to small wireless facilities placed on an 56 existing structure, other than those located on public rights-of-way or other public 57 property or in the interior of a building, in all districts in which they are permitted:; 58 _ - _ - - - • - - • - - - - -• - - - - - .. 59 60 (1) Application requirements. Applications for small wireless facilities may 61 encompass multiple sites up to thirty-five (35) on a single application, 62 provided that all such sites are located within a single, discrete area of 63 the City. Applications shall include: (i) a plan showing the proposed 64 location by Geographic Parcel Identification Number (GPIN) of each 65 small wireless facility, and a diagram or other suitable representation of 66 the proposed location of each such facility on a building or structure, 67 showing the dimensions of each facility, its height from ground level and 68 the type of building or structure on which each such facility is to be 69 affixed; (ii) photographs or accurate renderings, including correct colors 70 and exact dimensions, of each type of proposed small wireless facility; 71 (iii) a statement signed by a professional engineer licensed in the 72 Commonwealth of Virginia the proposed facilities comply with all 73 applicable Federal Communications Commission regulations, including, 74 without limitation, regulations pertaining to the emission of radio 75 frequency radiation; and (iv) such additional information as the planning 76 director may reasonably require in order to determine whether the 77 requirements of this section are met. 78 79 (2) Such facilities shall should be substantially concealed from view by 80 means of painting or tinting to match the surface of the building or other 81 structure to which they are affixed or by other suitable method, such as 82 by flush-mounting or integration into the design elements of the building 83 or structure. 84 85 (3) - 86 - - -- - - - - - - - - - - -- - - - - - - - - '87 -- - - -- - - • - - - - - - - - - 88 five (25) feet. 89 90 (4) Electrical power and battery backup cabinets shall, to the extent 91 practicable, be roof-mounted or otherwise located so as to not be visible 92 from a public street or, where not practicable, such equipment shall 2 93 should be appropriately screened by landscaping or other means 94 minimizing visibility from a public street. 95 96 (5) Minimum height of antennas, if affixed to a building or other vertical 97 structure shall be ten (10) feet. 98 99 (6) - - - - - - - - •• " - - - - - -1 • • • • 00 - - - - - - • - - •- - - • - • - - - - -- - - - -• - - - Any 101 small wireless facility that is not in use for a period of one (1) year shall 102 be removed within ninety (90) days after notification by the planning 103 director. If not so removed, the city may contract for its removal and 104 charge the cost thereof to the owner of the small wireless facility. 105 106 Sec. 232. Communication towers; building-mounted antennas; small wireless 107 facilities. 108 109 . . . . 110 111. (k) - •• _ ' - - _ -• • •__ _ - : - .. _: - - Temporary communication towers not 112 meeting the requirements of Section 207 may be allowed as conditional uses where so 113 provided by the regulations of the district in which they are located. Small wireless 114 facilities not placed on existing structures may be allowed as conditional uses where 115 so provided by the regulations of the district in which they are located. 116 117 118 Sec. 301. Use regulations. 119 120 (a) Principal and conditional uses. The following chart lists those uses permitted 121 within the P-1 Preservation District. Those uses and structures shall be 122 permitted as either principal uses indicated by a "P" or as conditional uses 123 indicated by a "C." No uses or structures other than as specified shall be 124 permitted. 125 Use P 1 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities : • - _ _ - .• - - _ • - - _ _. - •• - - _ _ _ _ not placed on existing structures 3 126 127 Sec. 401. - Use regulations. 128 129 (a) Principal and conditional uses. The following chart lists those uses permitted within 130 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective 131 agricultural districts shall be permitted as either principal uses indicated by a "P" or as 132 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 133 prohibited in the respective districts. No uses or structures other than as specified shall be 134 permitted. 135 Use I AG-1 AG-2 Small wireless facilities meeting the requirements of Section 207 P P Small wireless facilities other than-these meeting the requirements of C C Section 207 not placed on existing structures 136 137 Sec. 501. - Use regulations. 138 139 (a) Principal and conditional uses. The following chart lists those uses permitted within 140 the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective 141 residential districts shall be permitted as either principal uses indicated by a "P" or as 142 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 143 prohibited in the respective districts. No uses or structures other than as specified shall be 144 permitted. 145 Residential Districts Uses R- R- R- R- R- R- R- R- R- ' R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 _ .. _ . _ . _ PPXXX X X X X X 4 , duplex Small wireless facilities other than those .. __ • - • - ' - - - - - - - - - • ! not placed on existing structures, except on C ` C C X X X X X X X duplex 146 147 Sec. 601. - Use regulations. 148 149 (a) Principal and conditional uses. The following chart lists those uses permitted within 150 the A-12 through A-36 Apartment Districts. Those uses and structures in the respective 151 apartment districts shall be permitted as either principal uses indicated by a "P" or as 152 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 153 prohibited in the respective districts. No uses or structures other than as specified shall be 154 permitted. 155 Use A-12 A-18 A-24 A-36 . . . . CC C C Small wireless facilities meeting the requirements of Section 207 ' PPP P Small wireless facilities not placed on existing structures CCC C . . . . C C C C 156 157 Sec. 701. - Use regulations. 158 159 (a) Principal and conditional uses. The following chart lists those uses permitted within 160 the H-1 Hotel District. Those uses and structures in the district shall be permitted as either 161 principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and 162 structures indicated by an "X" shall be prohibited in the district. No uses or structures other 163 than as specified shall be permitted. 164 Use H-1 5 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities other than those meeting the requirements of Section 207 not placed on existing structures 165 166 Sec. 801. - Use regulations. 167 168 (a) Principal and conditional uses. The following chart lists those uses permitted within 169 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office districts 170 shall be permitted as either principal uses indicated by a "P" or as conditional uses 171 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 172 respective districts. No uses or structures other than as specified shall be permitted. 173 Use 01 02 Small wireless facilities meeting the requirements of Section 207 P P Small wireless facilities other than these meeting the requirements of Section 207 C C not placed on existing structures 174 175 Sec. 901. - Use regulations. 176 177 (a) Principal and conditional uses. The following chart lists those uses permitted within 178 the B-1 through B-4K Business Districts. Those uses and structures in the respective 179 business districts shall be permitted as either principal uses indicated by a "P" or as 180 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 181 prohibited in the respective districts. No uses or structures other than as specified shall be 182 permitted. 183 Use B-1 B-1 A B-2 B-3 B-4 B-4C B-4K 6 Small wireless facilities meeting the requirements P P P P P P P of Section 207 Small wireless facilities ether-than-these-meeting - - • _ _' - •- • • _ _ __ _ e not placed on C C CCC C C existing structures 184 185 Sec. 1001. - Use regulations. 186 187 (a) Principal and conditional uses. The following chart lists those uses permitted within 188 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial 189 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses 190 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 191 respective districts. No uses or structures other than as specified shall be permitted. 192 Use 1-1 1-2 Small wireless facilities meeting the requirements of Section 207 " P P Small wireless facilities e • - - _ • •: - •- - - _ • - • _ _ • •• • _ _ _ • _ 207 not placed on existing structures C C 193 194 Sec. 1501. - Use regulations. 195 196 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District 197 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." 198 Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 199 seq.). No uses or structures other than those specified shall be permitted. All uses, 200 whether principal or conditional, should to the greatest extent possible adhere to the 201 provisions of the Oceanfront Resort Area Design Guidelines. 202 Use RT-1 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities e • - - - - •• - - • - • - - - - •• - • - - • - - not placed on existing structures 203 204 Sec. 1521. - Use regulations. 205 206 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 207 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." 208 Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 209 seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings 210 within the RT-3 District may include any principal or conditional uses in combination with 211 any other principal or conditional use. No uses or structures other than those specified 212 shall be permitted. All uses, whether principal or conditional, should to the greatest extent 213 possible adhere to the provisions of the Special Area Design Guidelines (Urban Areas) set 214 forth in the Reference Handbook of the Comprehensive Plan. 215 RT- Use 3 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities - - - • _ - • - - -- - - - - - - _ -- - • - - - - - . not placed on existing structures C 216 217 Sec. 2203. - Use regulations. 218 219 (a) The following chart lists those uses permitted within the Central Business Core 220 District. Uses and structures shall be allowed either as principal uses, indicated by a "P", 221 or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be 222 prohibited, unless allowed by special exception for Alternative Compliance pursuant to 8 223 Section 2205. No uses or structures other than as specified herein or as allowed pursuant 224 to subsection (b) shall be permitted. 225 District Use CBC Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities e • - • - - • -- - •• • - • - - - •• - • - - • - - C 207 not placed on existing structures 226 227 OCEAN FRONT RESORT DISTRICT FORM-BASED CODE 228 229 Sec. 5.2 Permitted Use Table 230 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 • Public utilities, public utility -- -- -- -- - See Sec.5.3.14 storage,maintenance Small wireless facility L L L L L L L L See Sec.207 and 5.3.17 Wind energy conversion _- L L L L L L L See Sec.5.3.15 systems 231 ---- 232 5.3.17 Small Wireless Facility 233 234 Small wireless facilities meeting the requirements of Section 207 are allowed as principal 235 uses, and small wireless facilities not meeting the requirements of Section 207 not placed 236 on existing structure are allowed as conditional uses, on the building types designated in 237 Section 5.2 or on utility poles other than those in the public right-of-way unless allowed 238 pursuant to franchise or Io, �,cen a agreement. e - -• - ' • - _ • - _ • _ _ • - _ - 239 family-dwelling-Of-el.ufalex, 240 241 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 242 , 2017. 9 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;arty - -nken el. A ilson Planning Department . City Attornelt Office CA14061 R-4 June 1, 2017 10 Applicant City of Virginia Beach Agenda Item Public Hearing June 14, 2017 Small Wireless Facilities 14 ( w/o Virginia Beach Request An Ordinance to Amend Sections 111, 207, 232, 301 (Preservation District),401 (Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts),701 (Hotel Districts), 801 (Office Districts),901 (Business Districts), 1001 (Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core Districts), and the Oceanfront Resort District Form-Based Code Sections 5.2 and 5.3.17 pertaining to Small Wireless Facilities and definitions, requirements and uses. Summary of Request This amendment will bring the Zoning Ordinance into compliance with Virginia State Senate Bill 1282, recently adopted by the Virginia General Assembly.This ordinance amends the definition of"small wireless facilities," specifically identifying two criteria that must be met: (i)the antenna and all elements are located within an enclosure no larger than six(6) cubic feet in volume or are no larger than six(6)cubic feet in volume, (ii)all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight(28)cubic feet.This amendment also makes changes to the requirements for wireless facilities placed on existing structures. Section 207 is amended to allow up to 35 facilities for existing structures on one application, replace "shall" with "should" in regard to concealment and landscaping, remove the prohibition for those properties containing a single-family or duplex dwelling and require removal of the facility if unused for one year. Section 232 is amended to require a Conditional Use Permit for any small wireless facility not placed on an existing structure. This distinction between a permitted use on existing structures and a conditional use on structures not existing is amended throughout the Preservation,Agricultural, Residential, Apartment, Hotel,Office, Business, Industrial, RT-1, RT-3, Central Business Core and Oceanfront Resort Districts. Recommendation Staff recommends approval of this Ordinance as it will provide consistency between the Zoning Ordinance and the recently approved State Senate Bill 1282. City of Virginia Beach Agenda Item 14 Page 1 Item#14 City of Virginia Beach An Ordinance to Amend Sections 111, 207, 232, 301 (Preservation District),401 (Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts),701 (Hotel Districts), 801 (Office Districts), 901 (Business Districts), 1001 (Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District),2203 (Central Business Core Districts), and the Oceanfront Resort District Form-Based Code Sections 5.2 and 5.3.17 pertaining to Small Wireless Facilities and definitions, requirements and uses June 14, 2017 CONSENT An Ordinance to Amend Sections 111, 207, 232, 301 (Preservation District),401 (Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts), 701 (Hotel Districts), 801 (Office Districts), 901 (Business Districts), 1001 (Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core Districts), and the Oceanfront Resort District Form-Based Code Sections 5.2 and 5.3.17 pertaining to Small Wireless Facilities and definitions, requirements and uses. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 14. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 14 for consent. Kevin Kemp appeared before the Commission. "cos.? --1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 103 of the City Zoning Ordinance pertaining to notice to property owners of appeals to the Board of Zoning Appeals MEETING DATE: July 11, 2017 • Background: During the 2017 Legislative Session, the Virginia General Assembly adopted Virginia State Senate Bill 1559. This amendment will bring the City Zoning Ordinance into compliance with the recently adopted legislation. This legislation stipulates that the 30-day appeal period for a Board of Zoning Appeals appeal or a determination by the Zoning Administrator will not commence until the notice is given to the property owner by registered mail or posting. There is also a rebuttable presumption that the address in the tax records or State Corporation Commission (for registered agents) is correct. • Considerations: This amendment will not impact the current notification process used by the zoning office. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning ,..AAVvilf0A,‘,( City of Virginia Beach, Board of Zoning Appeals Page 2 of 2 City Manager: 1 AN ORDINANCE TO AMEND SECTION 103 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICE TO PROPERTY 4 OWNERS OF APPEALS TO THE BOARD OF 5 ZONING APPEALS 6 7 Section Amended: § 103 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 103 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 103. - Administration. 20 21 (a) The zoning administrator shall have all necessary authority on behalf of the city 22 council to administer and enforce this ordinance, including the ordering in writing of the 23 remedying of any condition found in violation of this ordinance, and the bringing of legal 24 action to ensure compliance with this ordinance, including injunction, abatement or 25 other appropriate action or proceeding authorized by this ordinance or the laws of this 26 state. 27 28 . . . . 29 30 (I) The zoning administrator shall provide written notice to the owner of any real 31 property that is the subject of a request for a written order, requirement, decision, or 32 determination of the zoning administrator. Such notice shall be given by the zoning 33 administrator or by the applicant on forms provided by the zoning administrator within 34 ten (10) days of the date of the request. Such notice mailed to the owner at the last 36 records shall satisfy the notice requirement. The appeal period for such order, 37 requirement, decision or determination shall not commence until the notice is sent by 38 registered mail to, or posted at, the last known address or usual place of abode of the 39 property owner or its registered agent, if any. There is a rebuttable presumption that the 40 property owner's last known address is that shown on the current real estate tax 41 assessment records, or the address of a registered agent that is shown in the records of 42 the Clerk of the State Corporation Commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z))\( 2__ :arry ankenfiel: B. Kay Wilson Planning Departm- • City Attorney's Office CA14049 R-1 May 2, 2017 Applicant City of Virginia Beach Agenda Item Public Hearing June 14, 2017 Board of Zoning Appeals - Property Owner Notification 15 ( „t, Virginia Beach Request An Ordinance to Amend Section 103 of the City Zoning Ordinance pertaining to notice to property owners of appeals to the Board of Zoning Appeals. Summary of Request This amendment will bring the Zoning Ordinance into compliance with the Virginia State Senate Bill 1559,which was introduced by Senator i. Chapman Petersen from Fairfax, and approved on March 20, 2017.This bill states that the 30- day appeal period for a Board of Zoning Appeals appeal or determination by the Zoning Administrator will not commence until the notice is given to the property owner by registered mail or posting.There is also a rebuttable presumption that the address in the tax records or State Corporation Commission (for registered agents) is correct. Recommendation Staff recommends approval of this Ordinance, as it will bring the Zoning Ordinance into compliance with the recently approved Senate Bill.This Ordinance provides further clarification on notification requirements,and will not have any impact to the current notification process. City of Virginia Beach Agenda Item 15 Page 1 Item#15 City of Virginia Beach An Ordinance to Amend Section 103 of the City Zoning Ordinance pertaining to notice to property owners of appeals to the Board of Zoning Appeals June 14, 2017 CONSENT An Ordinance to Amend Section 103 of the City.Zoning Ordinance pertaining to notice to property owners of appeals to the Board of Zoning Appeals. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 15. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 15 for consent. Kevin Kemp appeared before the Commission. L. APPOINTMENTS 2040 VISION COMMUNITY COALITION BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************************ CITY COUNCIL ONE DA Y RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center September 12, 2017 8:30 AM to 3:30 PM 7/11/17 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D A V S DATE:06/20/2017 PAGE: 1 A E H E W B N E J S U 1 B P DN OK MS H LW O O Y LN A 0 0 R S 0 AGENDA T R EEENSM 1 O O ITEM# SUBJECT MOTION VOTE T T R Y S E S S N N D CITY MANAGER BRIEFINGS A.NEIGHBORHOOD SPECIAL SERVICE Phill Roehrs,Water DISTRICT(Hurd's Cove,Brock Cove, Resource Engineer— Bayville Creek) Public Works B. CAFE FRANCHISE AMENDMENT Mike Eason,Resort Administrator- Convention and Visitors Bureau C. NATIONAL FLOOD INSURANCE Whitney McNamara, PROGRAM'S"COMMUNITY Environmental RATING SYSTEM" Planner-Planning and Community Development D. HURRICANE PREPAREDNESS Erin Sutton,Director- Office of Emergency Management E. INTERIM FINANCIAL REPORT Patti Phillips, Director-Finance IUIIUN CERTIFICATION OF CLOSED CERTIFIED 9-0 A Y Y Y Y A Y Y Y Y Y N A-E SESSION F/G MINUTES: APPROVED 9-0 A Y Y Y Y A Y Y Y Y Y June 7,2017 H.1 MAYOR'S PRESENTATION 1. TBA SCHOLARSHIP AWARDS: a.Bhavik Patel:Ocean Lakes High School-Howards and Nancye Weisberg Scholarship b.David Scherrer:Cox High School Richard D.Guy Scholarship c.Gauge DiCenso:Landstown High School—Young Designers' Scholarship Competition d. Nash Euman:Landstown High School—Young Designers' Scholarship Competition e. Jack Troxell:Landstown High School—Young Designers' Scholarship Competition f. Lucas Tasayco:Landstown High School—Young Designers' Scholarship Competition CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D A V S DATE:06/20/2017 PAGE: 2 A E H E W B N E J S U I B P DN OK M S H LW O O Y LN A 0 0 R S 0 AGENDA T R EEENSM I 00 ITEM# SUBJECT MOTION VOTE T TR YS ES SNND PUBLIC HEARING: NO SPEAKERS 1.FRANCHISE AGREEMENTS: a.2701 Atlantic Avenue 2. MODIFY Hurd's Cove Neighborhood Dredging project(SSD)—District 5, LYNNHAVEN 3. DECLARE EXCESS City Property at 1428 Southern Boulevard—District 6, BEACH 4. LEASE of City Property to Dawley Family Farms,LLC-District 7, PRINCESS ANNE: a.2848 Indian River Road b.2400-2500 Tournament Drive J.1 Ordinances to AMEND the City Code: ADOPTED,BY 9-0 A Y Y Y Y A Y Y Y Y Y a. §5-520,5-521,5-524,and 5-527 re CONSENT dangerous/vicious dogs b.§12-27 re authority of the Fire Chief, during an emergency incident c.§23-8 re calling Ambulance or Firefighting apparatus without cause/ §23-8.3 re reimbursement of expenses incurred in responding to emergencies d.§35-136/§143.1 re meal taxes re "off-premises consumption" e.§35-169 to provide Short-Term Rental Registry/direction Commissioner of Revenue in collection of information f. §35-66 re Elderly/Disabled Tax Relief extensions g.ADD§18-108.1 re Church/ Non-Profit fundraising activities J.2 Ordinance to AMEND the City's Open Air ADOPTED,BY 8-0 A Y Y Y Y A Y e Y Y Y Cafe Franchise Regulations CONSENT A D J.3 Ordinance to GRANT F&B,LLC. ADOPTED,BY 8-0 A Y Y Y Y A Y s Y Y Y Franchise Agreements re Open Air Cafes CONSENT in the Resort Area,District 6—BEACH A a.Connector Park Cafe b. Boardwalk Cafe D J.4 Ordinance to MODIFY the boundary of DEFERRED 9-0 A Y Y Y Y A Y Y Y Y Y Hurd's Cove Neighborhood Dredging INDEFINITELY, (SSD)/AUTHORIZE the REFUND of BY CONSENT Levies—District 5,LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D A V S DATE:06/20/2017 PAGE: 3 A E H E W B N E J S U I B P DNOK MS H L W O O Y LN A 0 0 R S 0 AGENDA T R EEENSM I 0 0 ITEM# SUBJECT MOTION VOTE T T R Y S E S SNND J.5 Ordinance to DECLARE EXCESS City ADOPTED,BY 8-0 A Y Y Y Y A Y s Y Y Y Property at 1428 Southern Boulevard CONSENT AUTHORIZE City Manager to sell same A to Jon W.Dobbs-District 6,BEACH D J.6 Ordinance to AUTHORIZE execution of a ADOPTED,BY 9-0 A Y Y Y Y A Y Y Y Y Y Lease of City-owned farm land with CONSENT Dawley Family Farms,LLC-District 7, PRINCESS ANNE: a.2400-2500 Tournament Drive(Ballfield Farm) b.2848 Indian River Road(School Farm) J.7 Ordinance to APPOINT Viewers to view ADOPTED,BY 9-0 A Y Y Y Y A Y Y Y Y Y each streets or allies proposed to be closed CONSENT J.8 Resolution OPPOSING offshore oil/gas ADOPTED,BY 8-0 A Y Y Y Y A e YY Y Y exploration,including Seismic testing CONSENT A N D J.9 Resolution to AMEND City Council ADOPTED,BY 9-0 A Y Y Y Y A Y Y Y Y Y Resolution 03612 to recoup certain CONSENT expenses related to special events J.10 Resolution to DIRECT City Manager to ADOPTED 9-0 A Y Y Y Y A Y Y Y Y Y undertake a traffic noise evaluation along Northampton Boulevard/report findings to VDOT/if needed;the Commonwealth Transportation Board shall fund the noise abatement—District 4,BAYSIDE J.1 I Ordinances to ACCEPT/APPROPRIATE/ ADOPTED,BY 9-0 A Y Y Y Y A Y Y Y Y Y TRANSFER: CONSENT a.$336,375 from Sheriff's office Special Revenue Fund to their FY 2016-17 Operating Budget re leave payouts b.$150,000 to the Sheriffs office/ AUTHORIZE expansion of the in- house Fresh Inmate Meals Program c.$25,000 State funds to Human Services for Opioid Prevention, Treatment/Recovery d.$26,760 State funds to Human Services for a Gap Analysis of Adult Outpatient Same Day Access e.$70,000 State funds to Human Services for Peer Support Services (Homelessness Transition) K.1 TITAN INVESTMENT GROUP,INC.a APPROVED/ 9-0 A Y Y Y Y A Y Y Y Y Y Subdivision Variance to§4.4(b)/(d)of CONDITIONED, Subdivision Regulations re duplexes at 5024 Bonney Road!adjacent parcels DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D A V S DATE:06/20/2017 PAGE: 4 A E H E W B N E J S U I B P DNOKMS HL W O O Y LN AOOR S 0 AGENDA T R EEENSM I 00 ITEM# SUBJECT MOTION VOTE T T R Y S ES SNND K.2 AD VENTURE WORKS,INC./KOA,INC. APPROVED/ 9-0 A Y Y Y Y A Y Y Y Y Y Modification of Conditions re outdoor CONDITIONED, recreation at 1252/1304 Prosperity Road. BY CONSENT DISTRICT 6—BEACH K.3 OCEAN BAY HOMES,INC.Special APPROVED/ 8-0 A Y Y Y Y A Y s Y Y Y Exemption Alternative Compliance re Row CONDITIONED, Housing at 314,316,/318 30th Street/2905 BY CONSENT A Arctic Avenue DISTRICT 6—BEACH N D K.4 CONNIE L.HIEBERT/CONNIE/ APPROVED/ 9-0 A Y Y Y Y A Y Y Y Y Y ANTHONY HIEBERT for a CUP re home CONDITIONED, based wildlife rehabilitation at 2905 BY CONSENT Bamberg Place DISTRICT 3—ROSE HALL K.5 Ordinance to AMEND§111,203,230,901, ADOPTED, 9-0 A Y Y Y Y A Y Y Y Y Y 1001 of(CZO)/§5.2 of Ocean Front Resort BY CONSENT Form-Based Code re Craft Wineries K.6 Ordinance to AMEND Comp Plan Policy ADOPTED, 9-0 A Y Y Y Y A Y Y Y Y Y document to reference/identify Seapines BY CONSENT Station/AMEND Reference Handbook to ADD the Voluntary Design Guidelines for Seapines Station L. APPOINTMENTS: RESCHEDULED,BY 9-0 B YC ON S EN S U S CONSENSUS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION PERSONNEL BOARD Appointed: 9-0 A Y Y Y Y A Y Y Y Y Y Patricia West Unexpired thru 2/28/18 TIDEWATER COMMUNITY COLLEGE Appointed: 9-0 A Y Y Y Y A Y Y Y Y Y Delceno Miles 4 year term 7/1/17-6/30/21 VIRGINIA BEACH CLEAN COMMUNITY Appointed: 9-0 A Y Y Y Y A Y Y Y Y Y COMMISSION Jennifer Powell Unexpired thru 3/31/18 M/N/ ADJOURNMENT 6:33 PM 0