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FEBRUARY 9, 2010CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOU/S R. JONES, Bayside -District 4 GLENN R. DAVIS, Rase Hall -District 3 WILL/AM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District I BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHRIM Beach -District 6 ROSEMARY W/LSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES C/TY MANAGER -JAMES K. SPORE C/TY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S REM/AS CITY CLERK -RUTH HODGES FRASER, MMC I. CITY COUNCIL BRIEFING: CITY COUNCIL AGENDA 9 February 2010 -Conference Room - A. HAMPTON ROADS TRANSIT -Federal Grant and Right-of--Way Acquisition Philip Shucet, Interim President/CEO, HRT 2:30 PM II. CITY MANAGER'S BRIEFINGS: -Conference Room- 3:00 PM A. PRINCESS ANNE COUNTY TRAINING SCHOOL/Union Kempsville High School Museum Mark Reed, Historical Resources Coordinator, Museums and Cultural Arts B. 2009 CRIME STATISTICS Chief A.M. Jacocks, Police C. CITY CODE SECTION 23-50 -Enforcement re Hazardous Trees/Overgrown Grass Andrew Friedman, Director, Housing and Neighborhood Preservation III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DR/VE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com C. RECESS TO CLOSED SESSION VII. FORMAL SESS:[ON AGENDA -City Council Chamber - 6:00 PM A. CALL T'O ORDER -Mayor William D. Sessoms, Jr. B. INVOCE~TION: Reverend Rod Puckett Senior Pastor -Avalon Hills Bible 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 I. INFORMAL and FORMAL SESSIONS 2. SPECIAL FORMAL SESSION G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. CON`JEYANCE OF EXCESS PROPERTY Arctic Avenue neaz 29`h Street 2. ELECTION POLLING LOCATION CHANGE Windsor Oaks Precinct I. CONSEr1T AGENDA J. ORDINA NCES/RESOLUTIONS January 26, 2010 February 2, 2010 1. Ordin~~nces to AMEND the City Code: a. § :i0-1 re changing the Polling location of Windsor Oaks Precinct to Windsor Oaks Elementary School b. § ~!3-46.2 re release of any hazardous substance 2. Ordin~mce to CONFIRM Declaration of a Local Emergency issued by the City Manager due to the threats posed by the January 2010 winter storm event. 3. Resolution to EXECUTE a Memorandum of Agreement between the City and the School Board re the Princess Anne County Training School Museum 4. Ordinance DECLARING City property on Arctic Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to the Hampton Roads Sanitation District (HRSD) 5. Resolution REQUESTING the Governor to activate all available emergency and relief resources for the benefit of homeowners impacted by "Chinese Drywall" 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right- of-way for STEVEN G. ROSE to construct and maintain a pier, bulkhead and boat ramp into Pike Inlet at 325 Teal Crescent (DISTRICT 7 -PRINCESS ANNE) 7. Ordinances to ACCEPT and APPROPRIATE: a. $115,079 in excess Four-for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) b. $997,400 from the Fire Programs Special Revenue Fund as a substitute funding source for State Fire Program revenues in various Fire Grants in the Grants Consolidated Fund and $173,200 for the Fire Training Center improvements -Phase III as a financial housekeeping measure $162,482 from the Virginia Department of Fire Programs to Fire Training Center Improvements -Phase III d. $1,500,000 from U.S. Department of Homeland Security to cover expenses in conjunction with deployment of FEMA VA-TF 2 Urban Search and Rescue Team to Haiti K. PLANNING Application of MARK W. and LAUREL N. LLOBELL for a Nonconforming Structure to replace a detached garage apartment at 112 69~' Street DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 2. Application of LAURIE RICHARDS -GREEN PARROT GRILLE/KAY BURTON for Expansion of a Nonconforming Structure to allow outdoor patio dining at 4494 Lookout Road. DISTRICT 4 - BAYSIDE DISTRICT RECOMMENDATION DENIAL 3. Application of BRUCE and VIRGINIA RADER for Expansion of a Nonconforming Structure to allow an addition at 307 55TH Street DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 4. Application of THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC for Modification of Proffers (previously approved by City Council on September 8, 2009) for a change in the building site layout at 2236-2240 General Booth Boulevard DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPLICANT REQUESTS DEFERRAL TO 2/23/10 Applications of REED ENTERPRISES re an auto repair shop at Princess Anne Road and South Plaza Trail: DISTRICT 2 - KEMPSVILLE a. Modification of Proffers and adding conditions (previously approved by City Council on February 23, 1999) b. C~~nditional Use Permit RECOMMENDATION APPROVAL 6. Applications of BONNEY G. BRIGHT at Princess Anne and Pocahontas Club Roads: DISTRICT 7 -PRINCESS ANNE a. Closure of an unimproved southernmost portion of Pocahontas Club Road b. Conditional Use Permit to expand excavation at an existing borrow pit RECOMMENDATION APPROVAL 7. Appli~;ation of TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/J.G. HOR'TON & SON CONSTRUCTION for a Conditional Use Permit re a church at 5109- 5111 '~Vitchduck Court DIST]Z CT 4 - BAYSIDE DISTRICT RECOMMENDATION APPROVAL 8. Appli~~ation of JC'S PLACED. E. BONNEY for a Conditional Use Permit re an indoor Christian based Teen Club at 596 Princess Anne Road DISTRICT 7 -PRINCESS ANNE 9. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. AMEND § 111 re definition of adult bookstores b. AMEND § 111 and §401 and ADD §209.1 re "Farm Winery" regulations c. AMEND § 111 and ADD §217 re requirements for monument and electronic display signs L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *~k~c***~c~c*~c~c*~~c~c~c~~'c~'c**~c~c~c*~c~c~c*~c~c*~ 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 385-4303 Agenda 2/9/lost www.vbgov.com I. CITY COUNCIL BRIEFING: -Conference Room - 2:30 PM A. HAMPTON ROADS TRANSIT -Federal Grant and Right-of--Way Acquisition Philip Shucet, Interim President/CEO, HRT II. CITY MANAGER'S BRIEFINGS: -Conference Room- 3:00 PM A. PRINCESS ANNE COUNTY TRAINING SCHOOL/Union Kempsville High School Museum Mark Reed, Historical Resources Coordinator, Museums and Cultural Arts B. 2009 CRIME STATISTICS Chief A.M. Jacocks, Police C. CITY CODE SECTION 23-50 -Enforcement re Hazardous Trees/Overgrown Grass Andrew Friedman, Director, Housing and Neighborhood Preservation III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION AGENDA -City Council Chamber - 6:00 PM II A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rod Puckett Senior Pastor -Avalon Hills Bible 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 January 26, 2010 2. SPECIAL FORMAL SESSION February 2, 2010 G. FORMAL SESSION AGENDA ~r~ntixfinn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHERE~~S: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the af:Frmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHERE~~S: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body treat such Closed Session was conducted in conformity with Virginia Law. NOW, T)E[EREFORE, I3E IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified. in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS 1. CONVEYANCE OF EXCESS PROPERTY Arctic Avenue near 29th Street 2. ELECTION POLLING LOCATION CHANGE Windsor Oaks Precinct Public Hearings J•~ r 'fff~f.~. }u~" ~1 ~` X44. ~,,,,,,.~ PUBLIC HEARING CONVEYANCE OF EXCESS CITY PROPERTY The '~`ir~nia Beach City Council will hold a PUBLIC HEARINti on the disposition and ~:onv?yance of property I~~cated an Arctic Av?nue near 29th Street, Tuesday. February 9, 1010, at B:00 p.m., in the Cr.uncil Chamber of the City Hall Building tBuilding +fli at the Yir~nia Beach Municipal Center. Virginia Beach, Virginia. The property is located at GPIN 2418-91-9113. The purpose of this Hearing will be to obtain public input to determirw whether this property ;•heuld be declared "ExCCES of the City's needs" and conveyed to the adjacent landowner. Hampton Roads Sanitation District iHRSDj. If ynu are physically dlaabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 38ri4303; Hearing Impalrvd, ,all 1-$00~828~1120 N'irginia ib~lay -Telephone Devi~:e for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building JF2. Room 392. at the Virginia Beach Municipal Center. The Real Estate Office telephone number is 1757j.385-4161. Ruth Haiges Fraser, h1MC City Clerk Beacon Jan. 31. 2010 20975778 Public Hearings rA r~*~~ 5~~j `~." ''.~ PUBLIC HEARING CHANGING POLLING LOCATION CITY OF VIRGINIA BEACH The City Council of Virginia Beach, Virginia .at its formal session on February 9, 2010 at 6:00 P,M. will consider an ordinance to make changes to the polling location for the 'Windsor Oaks Precinct. The ordinance proposes that the ',Vndsor Oaks Precinct polling place be moved from St Francis Episcopal C'•hurch at 509 S. Rosemont Road to t4indsor Oaks Elementary School at 3800 Van Buren Drive. After adoption by City Council, these changes will k~ecome ~ffectnre following appn:,val by the United States Department of lustioe, pursuant to the Voting Rights Act of 1965. as amended. A description and map of the polling place change, as well as a copy of the aforesaid on-Jinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road. Municipal Center. Building 14, Virginia Beach. Yrginia, 23456. The Public Hearing will be conducted in the City Coun,;il Chamber of the Administration Building iBuikling #1) at the Municipal Center. If you are physwally disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFk:E at 3854303: Hearing impaired, call: TDD only 711 ITDD -Telephonic Device for the Deaf. Ruth Hckiges Fraser, MMC City Clerk Brecon Jan. 31 & Feb. 7, 2010 20993631 http://epilot.hamptonroads.com/oli~ CONSENT AGENDA ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 10-1 re changing the Polling location of Windsor Oaks Precinct to Windsor Oaks Elementary School b. § 23-46.2 re release of any hazardous substance 2. Ordinance to CONFIRM Declaration of a Local Emergency issued by the City Manager due to the threats posed by the January 2010 winter storm event. 3. Resolution to EXECUTE a Memorandum of Agreement between the City and the School Board re the Princess Anne County Training School Museum 4. Ordinance DECLARING City property on Arctic Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to the Hampton Roads Sanitation District (HRSD) 5. Resolution REQUESTING the Governor to activate all available emergency and relief resources for the benefit of homeowners impacted by "Chinese Drywall" 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right- of-way for STEVEN G. ROSE to construct and maintain a pier, bulkhead and boat ramp into Pike Inlet at 325 Teal Crescent (DISTRICT 7 -PRINCESS ANNE) 7. Ordinances to ACCEPT and APPROPRIATE: a. $115,079 in excess Four-for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) b. $997,400 from the Fire Programs Special Revenue Fund as a substitute funding source for State Fire Program revenues in various Fire Grants in the Grants Consolidated Fund and $173,200 for the Fire Training Center improvements -Phase III as a financial housekeeping measure c. $162,482 from the Virginia Department of Fire Programs to Fire Training Center Improvements -Phase III d. $1,500,000 from U.S. Department of Homeland Security to cover expenses in conjunction with deployment of FEMA VA-TF 2 Urban Search and Rescue Team to Haiti ~L~~BP~'~. i'ti. t :.. ..+~~Y t .V { ' :~.:1~.~. f+: ' ~ F`L'~~r4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location of the Windsor Oaks Precinct MEETING DATE: February 9, 2010 ^ Background: Windsor Oaks Elementary School served as the polling location for the Windsor Oaks precinct for many years. In 2007, however, because of construction at the school, City Council temporarily changed the polling location for the precinct to St. Francis Episcopal Church. Construction at the school has been completed. ^ Considerations: Windsor Oaks Elementary School meets the requirements of the Americans with Disabilities Act. If adopted by Council, this change will become effective upon approval by the U. S. Department of Justice, pursuant to the Voting Rights Act of 1965, as amended, beginning with the June 8, 2010 Primary Election (if a primary election is held). ^ Public Information: Public notice of the proposed change was published in the Beacon on January 31 and February 7, and this item also was advertised in the same manner as all other agenda items. All voters in the precinct will receive new voter cards with the name and address of the new polling location. Finally, advertisements will be placed in the newspaper prior to the June 8, 2010 Primary Election (if one is held) and also prior to the November 2, 2010 General Election. ^ Attachments: Ordinance and Map Recommended Action: Approval Submitting Department/Agency: Voter Registrar~~GC, ~ ~ f ~~ City Manager: ~ ~ ` ~yt 1 AID ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 Ci~DE TO CHANGE THE POLLING LOCATION OF THE 3 WINDSOR O AKS PRECINCT 4 5 S1=CTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 10-1. Est~iblishment of precincts and polling places. 14 15 There a~~e hereby established in the city the following precincts and their 16 respective polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Kemps Landing Magnet School 22 Arrowhe~~d Arrowhead Elementary School 23 Avalon Avalon Church of Christ 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Virginia Beach Free Will Baptist Church 29 Brandon Brandon Middle School 30 Brookwood Bow Creek Recreation Center 31 Buckner Green Run Baptist Church 32 Cape Henry Research and Enlightenment Building (Edgar 33 Cayce Library) 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesape;~ke Beach Bayside Baptist Church 37 College F'ark College Park Elementary School 38 Colonial Colonial Baptist Church 39 Colony Lynnhaven Colony Congregational Church 40 CorporatE~ Landing Corporate Landing Middle School 41 Courthouse Courthouse Fire Station 42 Creeds Creeds Fire Station 43 Cromwell Salem United Methodist Church 44 Culver Ocean Lakes High School 45 Dahlia Green Run High School 46 Davis Corner Bettie F. Williams Elementary School 1 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Recreation Center 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Princess Anne Middle School 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest Precinct Victory Baptist Church 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Indian Lakes Indian Lakes Elementary School 61 Kings Grant St. Nicholas Catholic Church 62 Kingston King's Grant Presbyterian Church 63 Lake Christopher New Convenant Presbyterian Church 64 Lake Joyce Morning Star Baptist Church 65 Lake Smith Bayside Church of Christ 66 Landstown Landstown Community Church 67 Larkspur St. Andrews United Methodist Church 68 Lexington Kempsville Church of God 69 Linkhorn Virginia Beach Community Chapel 70 Little Neck Lynnhaven United Methodist Church 71 London Bridge London Bridge Baptist Church 72 Lynnhaven Grace Bible Church 73 Magic Hollow Virginia Beach Moose Family Center 74 Malibu Malibu Elementary School 75 Manor Providence Elementary School 76 Mt. Trashmore Windsor Woods Elementary School 77 Newtown Good Samaritan Episcopal Church 78 North Beach Galilee Episcopal Church 79 North Landing Hope Haven 80 Ocean Lakes Ocean Lakes Elementary School 81 Ocean Park Bayside Community Recreation Center 82 Oceana Scott Memorial United Methodist Church 83 Old Donation Old Donation Center for Gifted 84 Pembroke Pembroke Elementary School 85 Pinewood Lynnhaven Presbyterian Church 86 Plaza Lynnhaven Elementary School 87 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 88 Point O'View Kempsville Church of Christ 89 Red Wing Fraternal Order of Police, Lodge #8 90 Reon Woodstock Elementary School 91 Rock Lake Salem Elementary School 92 Rosemont Forest Rosemont Forest Elementary School 2 93 Roundhill 94 Rudee 95 96 Seatack 97 Shannon 98 Shelburne 99 Shell 100 Shelton I~ark 101 Sherry Park 102 Sigma 103 South BE~ach 104 Stratford Chase 105 Strawbridge 106 Tallwoocl 107 Thalia 108 Thorougligood 109 Timberlake 110 Trantwood 111 Upton 112 Village 113 Windsor Oaks 114 115 Witchduc:k 116 Wolfsnare 117 Central p~bsentee Voter 118 Precinct 119 Satellite ,4bsentee Voter 120 Precinct. (only for November 121 Elections and Presidential 122 Primarie:c) Salem High School Virginia Beach Volunteer Rescue Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building Squad Courthouse Fire Station, Department of Motor Vehicles Office-Donna Drive, Department of Motor Vehicles Office-Buckner Boulevard 123 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 124 day of , 2010. APPROVED AS TO CONTENT: c ~~~~ Voter Registrar City Attorney's O ice CA 11364 R-1 January 13, 2009 3 APPROVED AS TO LEGAL SUFFICIENCY: r,~yh ~°~~ - ~~, ~~ ~ ~;t << ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Ordinance to Amend City Code § 23-46.2 Pertaining to the Release of Hazardous Substances MEETING DATE: February 9, 2010 ^ Background: The Virginia Beach Fire Department's Hazardous Materials Team handles thousands of calls related to hazardous materials through preparation, response, mitigation and recovery. Calls range from the lowest Level D spills handled with absorbent materials up to the highest Level A entries requiring the use of every specialized piece of equipment we carry. The expenses associated with equipment replacement and upgrades to better meet the technical challenges of today's hazardous incidents is critical to our continued success. ^ Considerations: The attached amendment clarifies the language of the City Code to describe the treatment of those funds recovered by the City when the release of hazardous substances requires the response of the Hazardous Materials Team of the Fire Department. The amendment which is technical in nature, makes clear that the funds shall be placed in a segregated account within the general fund. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: It is recommended that Council approve the attached ordinance. ^ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Fire Department G~~ City Manage ~ ~ ~ D~'1 G 1 AN ORDINANCE TO AMEND CITY CODE § 23-46.2 2 PERTAINING TO THE RELEASE OF HAZARDOUS 3 SUBSTANCES 4 5 SECTION AMENDED: § 23-46.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-46.2 of the City Code is hereby amended and reordained, to 11 read as follows: 12 13 Sec. 23-46.2. Releases of hazardous substances. 14 15 (a) Any hazardous substance which is released or allowed to accumulate or 16 remain upon any property within the city, except as prescribed or permitted by 17 governmental law or regulation, is hereby declared to constitute a public nuisance 18 subject to the provisions of section 23-46. 19 20 (b) Notwithstanding any other provision of law, in the event of a response by the 21 Hazardous Materials Team of the Virginia Beach Fire Department to a release or 22 accumulation of a hazardous substance in which such team undertakes measures to 23 contain such substance or to abate or otherwise mitigate the effects thereof upon health 24 or the environment, the responsible party shall be liable to the city for all costs of such 25 response; provided, however, that in the event the city shall be eligible for 26 reimbursement by the commonwealth or the United States, or an agency thereof, the 27 responsible party shall be liable to the city only to the extent such response costs are 28 not so reimbursable. 29 30 (c) Monies recovered from responsible parties pursuant to subsection (b) shall 31 be placed in a~ a separate account in the general fund, and shall be used 32 for the purpose of necessary replacement, purchase or upgrade of equipment used to 33 contain, abate or otherwise mitigate releases of hazardous substances. 34 35 .... 36 37 COMMENT 38 39 This amendment clarifies the treatment of funds are recovered for services provided by the 40 Hazardous Materials Team. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED ~-S TO CONTENT: ~ ~. ~ Fire Department APPROVED A,S TO CONTENT: agement :iervices CA11373 R-1 January 25, 2C 10 APPROVED AS TO CONTENT: c Finance Department APPROVED AS TO LEGAL SUFFICIENCY: City rney's Office un~c }. ~' ,~~4 ~c ~A. ~~~_ ` .. S << ~~,, ,.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to the Threats Posed by the January 2010 Winter Storm Event MEETING DATE: February 9, 2010 ^ Background: Virginia Code § 44-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On January 29, 2010, the Acting City Manager issued a declaration of local emergency in light of the imminent threat of a winter storm event. The declaration was issued at 4:00 p.m. on January 29, 2010 and concluded at 6:00 a.m. on February 2, 2010. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effect of this unusual winter storm event. ^ Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency within 14 days. ^ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ^ Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval ~~~ City Manager: c~.yS'~ .~ ~~ U 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 L~DCAL EMERGENCY DUE TO THE THREATS POSED BY 3 THE JANUARY 2010 WINTER STORM EVENT 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency m2~nagement to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management ;and appointed the City Manager as the Director of Emergency 13 Management; ~~nd 14 15 WHEREAS, in response to the imminent threat of damage caused by a winter 16 storm event th~~t began on January 29, 2010, the Acting City Manager, as the Director 17 of Emergency IVlanagement, issued a Declaration of Local Emergency at 4:00 p.m. on 18 January 29, 20'10. 19 20 NOW, TI-IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA E~EACH, VIRGINIA: 22 23 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the Acting City Manager on January 29, 25 2010, a copy of which is attached hereto and incorporated by reference, and hereby 26 ends the declared emergency, effective February 2, 2010 at 6:00 a.m. Adopted by the Council of the City of Virginia Beach on the day of _, 2010. APPROVED A~- TO CONTENT: 0 City Manager's Office APPROVED AS TO LEGAL SUFFICIENCY: ity A y's ice CA11379 R-2 February 3, 2010 B~ F~ s~~ 4L~. -' Ms ~~ ~~~`~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Memorandum of Agreement Between the City of Virginia Beach and the School Board of the City of Virginia Beach MEETING DATE: February 9, 2010 ^ Background: The Renaissance Academy ("Academy") is Virginia Beach City Public Schools' new alternative education center serving students in grades six through twelve. The Academy opened in January 2010, and contains the school division's alternative education programs. The Academy also houses the Princess Anne County Training School Museum ("Museum"), which is a replica of the auditorium of the historic Princess Anne County Training School that closed in 1969. The Alumni Association of the former Princess Anne County Training School has been a driving force in the creation of the Museum. The mission of the Museum is to educate the public, and to exhibit and conserve artifacts related to the former school. The Museum is scheduled to open in May 2010. ^ Considerations: The City and the School Board of the City of Virginia Beach ("School Board") have negotiated an agreement to construct, operate and maintain the Museum. ^ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ^ Attachments: Resolution; Memorandum of Agreement, Summary of Terms Submitting Department/Agency: Department of Museums.~~-° `- City Manager S ~ ,~ ~ 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND THE SCHOOL BOARD OF THE CITY 5 OF VIRGINIA BEACH 6 7 WHEREAS, the City of Virginia Beach ("City") and the School Board of the City of 8 Virginia Beach ("School Board") wish to enter into an agreement to construct, operate 9 and maintain the Princess Anne County Training School Museum ("Museum"), to be 10 located within the Renaissance Academy in Virginia Beach, Virginia ("Facility"); and 11 12 WHEREAS, the Facility opened in January 2010; and 13 14 WHEREAS, the Facility will house the Museum, which shall be a replica of the 15 auditorium of the historic Princess Anne County Training School that closed in 1969; 16 and 17 18 WHEREAS, the Museum is scheduled to open in May 2010; and 19 20 WHEREAS, the Museum shall be open to the public, and the City and the School 21 Board shall share responsibility for the operation and maintenance of the Museum. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 The City Manager is hereby authorized and directed to execute the 27 Memorandum of Agreement, on behalf of the City of Virginia Beach, with the School 28 Board of the City of Virginia Beach for the operation and maintenance of the Princess 29 Anne County Training School Museum. A copy of the Memorandum of Agreement is 30 attached hereto. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day 33 of , 2010. Approved as to Content: /J• Department of Museums Approved as to Legal Sufficiency: City Attorne 's Office CA 11347 January 13, 2010 R-4 MEMORANDUM OF AGREEMENT FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF P]EtINCESS ANNE COUNTY TRAINING SCHOOL/UNION KEMPSVILLE HIGH SCHOOL MUSEUM THIS MEMORANDUM OF AGREEMENT ("Agreement") is made and entered into this day of . , 2009 ("Effective Date") by and between the CITY OF VIRGINIA BEACH, a mwucipal corporation of the Commonwealth of Virginia ("City"), and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, a political Subdivision of the Commonwealtr~ of Virginia ("School Boazd") (collectively, "Parties"). WHEREAS, the Parties wish to enter into an Agreement to construct, operate and maintain the P~~incess Anne County Training School/Union Kempsville High School Museum ("Museum"), t~~ be located within the Renaissance Academy in Virginia Beach, Virginia ("Facility"); anti WHERiEAS, the Facility is currently under construction and construction is projected to be completed b~~ January 2010; and WHEREAS, the Facility will house the Museum, which shall be a replica of the auditorium of tree historic Princess Anne County Training School that closed in 1969; and WHEREAS, the Museum shall be open to the public, and the City and the School Boazd shall share responsibility for the operation and maintenance of the Museum. NOW, 7CHEREFORE, in consideration of the premises and the mutual promises herein made, the Parties hereto agree as follows: ARTICLE I. SCOPE OF PROJECT As set forth herein, the Parties agree to construct, operate and maintain the Museum. ARTICLE II. 'TERM The Agreement shall commence on the Effective Date and shall continue thereafter until June 30; 2010. The Agreement may be extended for four (4) successive one (1) year periods ixpon mutual agreement by both Parties. Extensions shall not be automatic, and any and .~11 extensions shall be by written agreement and shall be signed by both Parties. ARTICLE III. DESIGN AND CONSTRUCTION 3.1 Design ~ind Construction Objectives. The School Board shall cause the Museum to be designed and constructed in accordance with all applicable specifications and standards of the Crty of Virginia Beach. The City may designate a representative to participate in the design and construction of the Museum. The School Board shall be responsible for procurement of construction services for the Museum, and for supervising and overseeing the design and construction of the Museum. 3.2 Change Order. The School Board shall receive and coordinate all requested change orders with its construction contractor. 3.3 Permits. The School Boazd shall be responsible for obtaining all construction permits required for completion of the Museum. 3.4 Insurance During Construction. Insurance during construction shall be provided by the School Board. 3.5 Construction Management Responsibilities. The School Board shall manage and oversee the construction of the Museum. The School Boazd shall be responsible for all aspects of the construction of the Museum, and shall inspect the contractors and subcontractors work to ensure conformity with drawings, specifications, and materials, quality of workmanship, and standards of construction procedures are being carried out. 3.6 Parking. In designing the Facility, the School Board shall comply with Section 203 (a)(22) of the City of Virginia Beach's Zoning Ordinance by building not less than ten (10) parking spaces, and one additional parking. space for each three hundred (300) squaze feet of floor azea or fraction thereof of the Museum in excess of one thousand (1000) squaze feet, reserved specifically as "Visitor/Museum Parking." ARTICLE IV. FINANCIAL OBLIGATIONS 4.1 Construction and Design. The School Board shall have full financial responsibility for the design and construction of the Museum. 4.2 Maintenance. The School Boazd shall have full financial responsibility for maintenance of the Museum, as set forth in Section 8.1.1. 4.3 Utilities. The School Board shall have full financial responsibility for all utilities deemed necessary to operate the Museum. As set forth in Section 8.1.1.3, utilities shall include electrical, gas, water, sanitary sewer, heating, ventilation and air conditioning, and telephone service. 4.4 Initial Purchase of Museum Artifacts and Exhibits. The School Boazd shall have full financial responsibility for the initial purchase, acquisition, and/or loan of all artifacts and exhibits to be housed at the Museum. 4.5 Operation of the Museum. Upon substantial completion of the construction of the Museum, the City shall have full financial responsibility for (1) maintaining the artifacts and exhibits housed in the Museum; (2) providing staff to operate and manage the Museum; (3) providing curatorial services within the Museum; (4) operational administration of the Museum; (5) purchasing or acquiring new artifacts and exhibits; and (6) performing any upgrades to the existing artifacts or exhibits. ARTICLE V. GENERAL OBLIGATIONS 2 5.1 During; the traditional school year (September through mid-June), the City agrees to operate: the Museum on each day that classes are held for students at the Facility. Follov~ring the closing of the Facility in mid-June, and during the months of July and August ("Summer Months"), the City shall operate the Museum on a Tuesday through Saturd;~y schedule that is consistent with the operation of the other historic houses operate:d by the City's Department of Museums. The Museum shall be open during the Summer Months for special group events, as needed. 5.2 Title to the Museum shall belong, in fee simple, to the School Board. Subject only to the approvals required by law, the School Boazd shall grant unto the City the right to use the Museum for the term of this Agreement. Neither the School Board nor the City shall pledge; lease or convey its interest, as referenced above, to any third party without prior written approval of the other party and such other approvals as may be required by law. 5.3 Title to all of the collections and exhibits housed within the Museum shall belong to the City. 5.4 No party to this Agreement shall be responsible for the debts of any other party arising from this Agreement. 5.5 No party to this Agreement shall be responsible or liable for the negligence or willful acts or omissions of any other party arising from this Agreement. 5.6 The School Board shall employ an Executive Director of the Renaissance Academy ("Director") who shall be responsible for managing and overseeing the day to day operations of the Renaissance Academy. 5.7 The City shall provide Museum donors with a deed of gift form that shall convey ownership of artifacts and exhibits to the City. The deed of gift form shall indicate that the artifacts and exhibits will be returned to donors, heirs, estates, etc. should the Museum cease to exist. ARTICLE VI. USE OF THE MUSEUM 6.1 The Museum shall be open to the Parties' invitees, students, and the public during operations hours established by the Parties, subject to the limitations set forth below. 6.2 Beginning on the first day that the Museum opens to the public, the City shall charge an admission fee for general admission to the museum. The admission fee shall be set by the (:ity at a rate that is consistent with admission fees charged by the Francis Land House and/or other historic houses operated by the City. The City may chagge a fee for special events held at the Museum including, but not limited to, lectures, theatrical and musical presentations, re-enactments, commemorations, and achievement programs ("Speci~il Events"). 6.3 The Museum shall be open to the public; however, the School Board shall have priority for use of the Museum. The City shall coordinate with the Director prior to (1) 3 scheduling a Special Event at the Museum or at the Facility; or (2) leasing the Museum to the public. 6.4 Management and scheduling of the Museum shall be the responsibility of the City. As set forth in Section 6.2 above, the City shall coordinate with the Director prior to (1) scheduling a Special Event at the Museum or at the Facility; or (2) leasing the Museum to the public. The City shall require all individuals or entities desiring to lease the Museum to complete, and to submit to the appropriate School Board personnel, the Virginia Beach City Public Schools Application for Use of School Facility, attached hereto as Exhibit A. Schedules and activities in the Museum shall be communicated to the School Board by the City. 6.5 Use of Common Areas. Common azeas are defined as the parking facilities, restrooms, hallways, and the Facility's schola area. Common azeas may be open to the public during normal hours of operation and shall be subject to scheduling with the Director. 6.6 Gift Shop. A gift shop may be located in the Museum. The gift shop may sell, among other things, educational materials and souvenirs, and shall be staffed and operated by the City. Net income from the gift shop shall be retained by the City for goods sold by the City. The City shall not retain net income from goods sold by the Princess Anne County Training 5chool/Union Kempsville High School Alumni Association. ARTICLE VII. MANAGEMENT AND OPERATION OF THE MUSEUM Upon substantial completion of construction of the Museum, City shall operate and manage the Museum as set forth in this Agreement. City shall design, arrange, display and maintain all artifacts and exhibits in the Museum. Except as provided in Section 8.2.1, City shall be responsible for providing all employees, including volunteers, necessary to operate and manage the Museum. City shall provide curatorial services to the Museum. City shall be responsible for managing the day-to-day administrative operations of the Museum. City shall be responsible for purchasing or acquiring new artifacts and exhibits, after substantial completion of construction of the Museum, and for performing any upgrades to the existing artifacts or exhibits. ARTICLE VIII. OPERATIONS AND MAINTENANCE 8.1 Operational Expenses, Maintenance and Repairs. As set forth herein, operational costs of the Museum shall be the joint responsibility of the City and the School Board. Operational costs shall be defined as those expenses attributable to the daily and periodic activities and general services required to operate and sustain the Museum. These costs include, but are not limited to, maintenance and operations support activities and security of the facility. 8.1.1 Maintenance and Operations Obligations. The School Board shall provide general maintenance, preventative maintenance, minor repair, custodial services, and garbage/trash removal in support of the Museum. 4 8.1.1.1 Grounds. The City of Virginia Beach shall provide day-to-day grounds maintenance of the Facility. 8.1.1.2 Trash Removal. The School Board shall provide the garbage/trash pickup for the Museum. 8.1.1.3 Utilities. The School Board shall provide utility services for the Museum, including electrical, gas, water, sanitary sewer, heating, ventilation and air conditioning, and telephone service. 8.1.1.4 Parking. The School Board shall provide routine maintenance for the Facility parking lot. The Facility parking lot shall be available for the general public to use when visiting the Museum. 8.1.1.5 Custodial. The School Board shall provide day-to-day custodial services for the Museum and the common areas. 8.2 Security for the Facility. The City and the School Board shall jointly provide security for the Museum, as set forth below. 8.2.1 On weekdays (specifically, Monday through Friday), the School Board shall be responsible for providing security for the Museum. Such security shall include, at a minimum, the School Board employing a security assistant to work at the main reception desk of the Facility during normal hours of operation of the Facility. 8.2.2 On weekends (specifically, Saturdays and Sundays), the City shall be responsible for providing security for the Museum. Such security shall include, at a minimum, a City employee or volunteer working at either the main reception desk of the Facility or inside of the Museum .during normal hours of operation of the Museum. 8.2.3 Requirements for additional security to support Special Events shall be determined jointly by the City and the Director, and shall be charged on an hourly rate to the sponsoring party. The sponsoring party shall be billed for additional security on a monthly basis. 8.3 General Maintenance, Preventative Maintenance, and Repair. The School Board shall provide the day-to-day maintenance for the Museum and the common areas. 8.4 Capital Expense/Improvements. Costs for capital expenses or capital improvements of the Mu:,eum shall be the responsibility of the School Board. 8.5 Purchases of goods and/or services covered by the Parties shall be subject to the Virginia Public Procurement Act and regulations set forth in the Department of General 5 Services/Division of Purchases and Supply's Agency Procurement and Surplus Property Manual. 8.6 Each Party to this Agreement shall be relieved of the consequences of any breach, default, penalty of deficiency hereunder which results from a cause or causes beyond its control. Cause or causes which result from a substantial fault or negligence of any Party shall not be deemed beyond such Party's control. Excused causes include, without limiting the generality of the forgoing, labor disputes, civil disobedience, fire, hurricanes, earthquakes, loss of power, any act of God, and acts, actions and proceedings or regulations of any governmental authority (whether legislative, executive, administrative or judicial), but other than, as to the Parties' performance hereunder, the School Board and the City. ARTICLE IX. INSURANCE The School Board shall maintain insurance against loss or damage to the Facility and the Museum due to fire and other covered perils. The City shall maintain insurance against loss or damage to the artifacts and exhibits housed within the Museum. The Parties, at their option and, at their own cost and expense, may insure their equipment and personal property against damage or destruction by fire or other casualty. The proceeds of any insurance policy of a Party arising from the damage or destruction of that Party's equipment or personal property by fire or other casualty shall belong solely to that Party. The City and School Board shall be responsible for providing liability insurance covering claims attributable to their own operations and acts or omissions of their officers, employees and agents. ARTICLE X. DEFAULTS AND REMEDIES Except as provided in Section 12.6, in the event of any failure of any Party to this Agreement to timely and fully comply with any item of this Agreement, such Party shall be in default. If such default shall continue for more than thirty (30) days after written notice thereof shall have been mailed or delivered to the defaulting Party, the noticing Party at its option, may exercise any and all rights and remedies available to it by law or equity, provided, however that nothing herein contained shall be deemed, or purport to be a waiver of the sovereign immunity of the Parties to this Agreement. ARTICLE XI. JOINT EFFORTS The Parties shall engage in joint efforts deemed beneficial to the purpose and advancement of the Museum. ARTICLE XII. MISCELLANEOUS PROVISIONS 12.1 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 12.2 Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 6 12.3 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, all of which together shall constitute but one an~i the same Agreement. 12.4 Notice;. All notices, demands, requests and other communications required or permitted pursua~~t to this Agreement shall be in writing and shall be delivered in person or shall be sent b;~ registered or certified mail, postage prepaid, return receipt requested, to .the person: and at the addresses set forth below or to such other persons or addresses as the party entitled to notice shall specify: To City: Historic Resources Coordinator City of Virginia Beach Department of Museums 3131 Virginia Beach Boulevard Virginia Beach, Virginia 23452-6923 To the School Board: Office of Facilities Planning and Construction School Administration Annex Building 16 Virginia Beach, VA 23456 12.5 Recordkeeping and Accounting. Records for construction and operating budget expenditures and revenues will be maintained and audited in accordance with standard proced»res of the Commonwealth of Virginia. 12.6 Modification. There may be no modification of this Agreement, except in writing executed by the authorized representatives of the City and the School Board. 12.7 It is understood and agreed between the Parties hereto that the City and the School Board shall bc; bound and obligated hereunder only to the extent that funds shall have been appropriated and budgeted for the purpose of this Agreement. In the event funds are not appropriated for the purpose of this Agreement, the City and/or the School Board shall immediately notify the other Party of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which (an) appropriation(s) (was) were received without penalty or expense to the City and/or the School Board of any kind whatsoever. City of Virgini~c Beach City Manager or Designee School Board of the City of Virginia Beach Superintendent or Designee 7 Approved as to Content: ~'=" ,~. 'sk Mana ent as to Content: Approved as to Legal Sufficiency: . (fn ~---- ! lb Office of C Attorney Approved as to Content: and Department of Museums Approved as to Content: c,~.. ~ Mu e Chair, Princ s e'County Training School/ Unio empsville Hi School Alumni Association 8 SUMMARY OF TERMS Memorandum of Agreement for Construction, Operation, and Maintenance of Princess Anne County Training SchooVUnion Kempsville High School Museum ("MOA") Parties: Ci~y of Virginia Beach, through Department of Museums ("Department") Sc:nool Board of the City of Virginia Beach ("School Board") Purpose: To memorialize the rights and responsibilities of each party with respect to the Princess Anne County Training SchooUUnion Kempsville High School Museum ("Museum") Term: MICA commences upon execution and continued until June 30, 2011; may be renewed for up to four (4) successive one (1) year periods upon mutual agreement. Department's Responsibilities: • Department's responsibilities begin upon completion of construction. • Maintain artifacts and exhibits. • Provide staff to operate Museum. • Provide curatorial services within Museum. • Operational administration of Museum. Museum will be operated on a schedule that is consistent with the operation of other historic houses operated by the City. • Purchase and/or acquisition of new artifacts and exhibits. • Perform upgrades to existing artifacts and exhibits. • Provide day-to-day grounds maintenance for the school. • Provide Museum security on weekends. • Maintain insurance for loss or damage to the artifacts and exhibits School Board's Re~~ponsibilities: • Design and construct Museum. • Manage and oversee construction. • Finance design and construction of Museum. • Provide general maintenance, preventative maintenance, minor repair, custodial services, and garbage removal. • Provide and pay for utilities for Museum, including electric, gas, water, sanitary sewer, heating, ventilation and air conditioning, and telephone service. • Finance the initial purchase, acquisition, and/or loan of artifacts for Museum • Provide Museum security on weekdays. • Finance capital expenses or capital improvements of the Museum. • Maintain insurance for loss or damage to Museum due to fire. Other Terms: • Modification: MOA may only be modified by writing, executed by both parties. • Non-appropriation- Parties are bound only to extent that funds are appropriated and budgeted for purpose of MOA. ~ ~u 8~+~ ,P~' s ~6. ~.I~~ L of ~; ~~~ ~~ ~. ts~ ~°- .~; ~~yti~w~ •~~~Y:' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring certain property fronting on Arctic Avenue excess and authorizing the City Manager to execute a deed to convey same to Hampton Roads Sanitation District (HRSD) (District 6 -Beach) MEETING DATE: FEBRUARY 9, 2010 ^ Background: The 29~' Street HRSD sewer pump station is a critical piece of the local utility infrastructure because it serves the entire Beach Resort Area. The sewer pump station is located on a 6,000 sq. ft. site on Arctic Avenue, and it was constructed in the mid-1970s. Due to its criticality and to ensure compliance with the Regional Special Order of Consent, the Department of Public Utilities desires that HRSD perform needed capacity enhancements including installing a backup generator and upgrades to on- site piping, pump and wet well capacity on an as-needed basis. In addition, due to the proximity of the Laskin Gateway project, the City would like HRSD to improve the pump station facade (i.e. awnings, fencing, and other aesthetic features), and perform general site improvements to better blend with the surrounding new development. HRSD is willing to improve the site's aesthetics in conformance with the Laskin Road Gateway Design Guidelines and implement needed capacity upgrades in exchange for the City dedicating the neighboring, vacant 3,000 sq. ft. City-owned property for future expansion or replacement of the pump station facilities. A map of the location as well as an agreement drafted by the City's and HRSD's attorneys is attached. The Department of Public Utilities desires that the vacant Cit~r-owned lot (GPIN 2418- 91-9113) adjacent to the HRSD sewer pump station at 29 Street (GPIN 2418-91- 9201) be dedicated to HRSD in exchange for aesthetic and capacity improvements of the pump station site and facility. ^ Considerations: The site is not being considered for any future City improvements. The site is a nonconforming lot due to its small size and has limited potential for development except for uses such as this proposal for HRSD. If HRSD ceases to use the site for pump station purposes, the City will have a right to reacquire it at no cost. ^ Public Information: Advertisement of public hearing in the Virginian-Pilot and advertisement of City Council agenda. ^ Alternatives: Retain ownership of the subject site. ^ Recommendations: Approve the request and convey (dedicate) the subject site to HRSD. ^ Attachments: Ordinan~;,e, Location Map and Agreement Recommende~~ Action: Approval Submitting DepartmentlAgency: Public Utilities~~iJ ~~ Ayr/ ~C City Manager f ~ .~` 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY FRONTING ON ARCTIC 3 AVENUE EXCESS AND AUTHORIZING THE 4 CITY MANAGER TO EXECUTE A DEED TO 5 CONVEY SAME TO HAMPTON ROADS 6 SANITATION DISTRICT (HRSD) 7 8 WHEREAS, the City of Virginia Beach acquired ownership by deed 9 recorded in Deed Book 139 at Page 377 of a certain parcel of real property containing 10 approximately 0.07 acres, located on Arctic Avenue (GPIN 2418-91-9113) near 29 11 Street in the City of Virginia Beach, Virginia (the "Property'); 12 13 WHEREAS, the Hampton Roads Sanitation District ("HRSD") has 14 requested that the City of Virginia Beach declare as excess and convey the Property to 15 HRSD to combine with an adjacent parcel owned by HRSD (GPIN 2418-91-9201), upon 16 which an existing pump station is located, in order to upgrade and expand said pump 17 station; 18 19 WHEREAS, HRSD is willing to make aesthetic improvements to the pump 20 station to conform with the Laksin Road Gateway Design Guidelines in exchange for the 21 City conveying the Property; and 22 23 WHEREAS, the City Council is of the opinion that the Property as shown 24 on the "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY 0.07 25 ACRES, LOCATED ON ARCTIC AVENUE (GPIN 2418-91-9113)", attached hereto as 26 Exhibit A, is in excess of the needs of the City of Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 29 THE CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the Property is hereby declared to be in excess of the 32 needs of the City of Virginia Beach and that the City Manager is hereby authorized to 33 execute a Deed and any other necessary documents to effectuate the conveyance of 34 the Property to HRSD. 35 36 Section 2. That the Property shall be conveyed in accordance with the 37 Agreement attached hereto as Exhibit B and such other terms, conditions or 38 modifications as may be satisfactory to the City Manager and the City Attorney. 39 40 This ordinance shall be effective from the date of its adoption. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 day of , 2010. APPROVED AS TO CONTENT Gr - Departrrient of Public tilities APPROVED AS TO CONTENT ~. C ~ ublic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY ~~ City Attor ey's Office CA-11226 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom321Wpdocs\D012\P007\00038718.DOC R -1 Preparecl: 01 /06/2010 EXHIBIT "B" HAMPTON ROADS SANITATION DISTRICT AND CITY OF VIRGII~iIA BEACH AGREEMENT FOR EXPANSION AND IMPROVEMENT OF ARCTIC AVENUE PUMP STATION #101 THIS AGREEMENT, between THE CITY OF VIRGINIA BEACH (CITY) and the r HAMPTON ROADS SANITATION DISTRICT (HRSD), entered this - day of October, 2009. WITNESSETH: WHEREAS, HRSD owns and operates the Arctic Avenue Pump Station on its Atlantic Trunk Interceptor Force Main, also known as Pump Station #101, and located between the intersections of Arctic Avenue with 28~' Street and with 29"' Street in the City of Virginia Beach, Virginia; and WHEREAS, the CITY owns an adjoining parcel, formerly a Dominion Virginia Power Electric Substation; and 10' of the closed 20' lane; and WHEREAS, the parties agree to the transfer of the above mentioned site by the CITY to HRSD, and wish to formalize their agreement with respect to same as set forth herein; and NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. HRSD is willing to acquire from the CITY the former substation site, more particularly the parcel known as "Central Park Southern 50' of Lot 2 Bk 5 and 10' x 50' Closed Portion of 20' Ln", said site also being known by the current GPIN # 24189191130000 (the "Property"), to become a part of the adjoining HRSD parcel known as the Arctic Avenue Pump Station, also known as Pump Station #101 and also being known by the current GPIN 24189192010000 (the Adjoining Parcel). The Property will not constitute a separate lot or parcel. Following the conveyance of the Property to HRSD, HRSD and CITY will cooperate to resubdivide the Property to incorporate the Property into the Adjoining Pazcel and delete internal lot lines. 2. After the execution of this Agreement, HRSD will procure a Phase II environmental report for the Property. If the environmental assessment shows no contamination, or if contamination, indicates that the cost of environmental remediation will not be excessive in the sole discretion of HRSD, then the parties will proceed further. If the environmental report is not satisfactory, HRSD may cancel this Agreement by giving written notice to the CITY on or prior to the date that is one yeaz after the date of full execution of this Agreement, and neither party will have any other and further liability hereunder except that HRSD will beaz the cost of the Phase II environmental assessment. HRSD will order the report within six months and have it completed within one yeaz. 3. HRSD, or its agents, contractors, representatives, successors and assigns shall be .permitted access to the Property for the purpose of making- studies to the Property, including the Phase II set forth above. It is expressly agreed, however, that (a) such access shall be at HRSD's sole risk and expense; (b) the CITY shall not be responsible for any claims, obligations, demands, actions or suits for bodily injury ~~r property damage by any person arising from such access or the conduct of ~ictivities on the Property by HRSD, its agents, contractors, representatives, 2 successors and assigns; and (c) neither HRSD nor any of its agents or contractors shall suffer or cause to be created any lien or encumbrance arising from such activities, and HRSD shall repair any damage to the Property resulting from such access. The obligations of this paragraph 3 shall survive settlement or termination of this Agreement. 4. Upon receipt of a satisfactory environmental report, HRSD shall obtain and attach to this Agreement, a plat or survey of the subject property. 5. In consideration of the CITY's conveyance of the Property to HRSD, HRSD agrees that it will use the Property for sewage disposal and treatment and transmission purposes and will improve the exterior appearance of its pump station site. HRSD will, at its sole cost and expense, install landscaping, fencing, awnings and aesthetic features, consistent with the CITY's "Laskin Gateway Design Guidelines" (the "Improvements"). 6. Upon approval of the environmental report, HRSD will employ an acchitect to draft a plan of such Improvements consistent with the Laskin Gateway Design Guidelines. If the cost of the architect, the plans and the estimated cost for construction (including the generator) are acceptable to HRSD, in its discretion, HRSD will submit same to the CITY for its approval, which shall not be unreasonably withheld. In addition, HRSD agrees to install a backup generator and to periodically evaluate on-site piping, pump and wet well capacity on an as- needed basis. 7. Upon approval of HRSD's plans, CITY will execute and deliver a Special 3 Warranty Deed conveying good title, free and cleaz of all liens and encumbrances, conveying fee simple title to the Property to HRSD. 8. If (a) HRSD ceases to use the Property for sewage disposal, treatment and/or transmission purposes for a period of thirty (30) days, or (b) HRSD fails to complete the Improvements within two (2) yeazs from the date of the conveyance of the Property to HRSD, then the CITY shall have the right and option to re- acquire its Property at no chazge; whereupon HRSD shall promptly re-convey the Property back to the CITY by deed free and cleaz of liens and encumbrances other than (i) those encumbering the property at the time conveyed by the CITY to HRSD, (ii) those contained in the deed from the CITY to HRSD, or (iii) those otherwise created or approved by the CITY. In the event HRSD for any reason fails or refuses to convey title back to the CITY as required herein, then the CITY shall have the right to enter upon and take possession of the Property, along with all rights and causes of action necessary to have title to the Property conveyed back to the CITY. If HRSD's improvements are damaged by storm, act of war or other accident or force majeure event, and HRSD elects to rebuild or replace the facilities, it shall not be deemed to have ceased to use the property and shall have a reasonable time to redesign and replace its facilities. The provisions of this pazagraph 8 shall survive closing and aze continuing obligations that will be included in the Deed conveying the Property to HRSD at settlement and will run with the land. 4 9. HRSD's rights under this Agreement may not be assigned by HRSD without the CITY's written consent in its sole discretion. 10. If for any reason this Agreement is not fully performed within five (5) years, this Agreement shall be cancelled and of no further force and effect. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed by the City Manager in its behalf pursuant to resolution adopted by the City Council on 20_, and the Hampton Roads Sanitation District Commission has caused this AGREEMENT to be signed in its behalf by its General Manager in accordance with authorization granted at its regulaz meeting held on , 20 THE CITY OF VIRGINIA BEACH, VA Approved as to Form: By. City Manager Approved as to Content: City Attorney Signature STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: Department The foregoing agreement was acknowledged before me this day of 2009, by ,City Manager, City of Virginia Beach, Virginia; Notary Puhlic My commission expires: s Registration No.: (This signature page is a part of the Agreement for Expansion and Improvement of Arctic Avenue Piunp Station #101 between Hampton Roads Sanitation District and City of Virginia Beach.) HAMPTON ROADS SANITATION DISTRICT By General Manager STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: 2009, by Edward G. Heni'finmP E ,General Man g ear Ham on this ~_ day of d~ ~ p Roads Sanitation District. ~=~ C^~,~ Notary Public MY commis:;ion expires: O~ '~ 1 p I ~_ Registration No.: 1 ~ ~ ~~-} °~ _"+~~~ STEVEN A. RICIIENOp~(~ Cwnmonw~ a y~ t~~~~ ""''^'^R'+~saMn FxDl~s= M~ Sl, 201= HRSD~AGREEMEI~'MRC'17C AVE PS AGMT FINAL 10-19-09 we~~ My /~ 4 "y. .~ ~ w ,~~ ~~ ~` S~ <~~N~~~ -~.r;~.,~.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting That the Governor Activate All Available Emergency and Relief Resources for the Benefit of Homeowners Impacted by "Chinese Drywall" MEETING DATE: February 9, 2010 ^ Background: Gypsum wallboard imported from China, commonly referred to as "Chinese drywall," has been associated with negative health effects and adverse effects upon electrical systems and other structural components in residences and other structures in which such drywall has been installed. It has been documented that heat and humidity causes the Chinese drywall to release gases, which not only create a noxious odor, but also corrode copper and other metal surfaces, thereby damaging air conditioners, electrical wiring, copper plumbing, appliances and electronics. Corrosion of electrical wiring can hamper the effectiveness of smoke detection and can create a risk of fire. Chinese drywall is also very friable, which means it is in a state where small particles can easily become dislodged with little friction, thus enabling them to easily enter an individual's lungs, resulting in the potential that toxic drywall particulate may remain in a structure unless the drywall is carefully and properly removed. Residents of the City of Virginia Beach have suffered damages from Chinese Drywall installations in their homes. Owners of homes with Chinese drywall have alleged that they are suffering health problems due to the effects of the Chinese drywall. City residents have stated that their insurance companies have denied coverage and that their developer has refused to replace the Chinese drywall, thereby leaving them with no means with which to fund the necessary drywall repairs to avoid the health problems that they have been suffering. There is a possibility that federal funds could be made available to assist the Virginia Beach residents with their Chinese Drywall problems. The Commonwealth of Virginia may need to declare an emergency in order for such funds to be released. ^ Considerations: This Resolution requests that the Governor of the Commonwealth of Virginia, through Executive Order and/or other powers available under law, activate all available emergency and relief resources and mechanisms for the benefit of homeowners impacted by defective or reactive drywall, including, but not limited to, requesting immediate federal assistance through the Federal Emergency Management Agency ("FEMA") and any other agency of the United States Government. ^ Public Information: This item will be advertised in the same manner as other agenda items. ^ Attachments: Resolution Requested by Councilmember DeSteph Requested by Councilmember DeSteph 1 A RESOLUTION REQUESTING THAT THE 2 GOVERNOR ACTIVATE ALL AVAILABLE 3 EMERGENCY AND RELIEF RESOURCES 4 FOR THE BENEFIT OF HOMEOWNERS 5 IMPACTED BY "CHINESE DRYWALL" 6 7 WHEREAS, gypsum wallboard imported from China, commonly referred to as 8 "Chinese drywall," has been associated with negative health effects and adverse effects 9 upon electrical systems and other structural components in residences and other 10 structures in which such drywall has been installed; and 11 12 WHEREAS, City of Virginia Beach residents have suffered damages from 13 Chinese Drywall installations in their homes; and 14 15 WHEREAS, it has been documented that heat and humidity causes the Chinese 16 drywall to release gases, which not only create a noxious odor, but also corrode copper 17 and other metal surfaces, thereby damaging air conditioners, electrical wiring, copper 18 plumbing, appliances and electronics; and 19 20 WHEREAS, corrosion of electrical wiring can hamper the effectiveness of smoke 21 detection and can create a risk of fire; and 22 23 WHEREAS, Chinese drywall is also very friable, which means it is in a state 24 where small particles can easily become dislodged with little friction, thus enabling them 25 to easily enter an individual's lungs, resulting in the potential that toxic drywall 26 particulate may remain in a structure unless the drywall is carefully and properly 27 removed; and 28 29 WHEREAS, owners of homes with Chinese drywall have alleged that they are 30 suffering health problems due to the effects of the Chinese drywall; and 31 32 WHEREAS, City residents have stated that their insurance companies have 33 denied coverage and that their developer has refused to replace the Chinese drywall, 34 thereby leaving them with no means with which to fund the necessary drywall repairs to 35 avoid the health problems that they have been suffering; and 36 37 WHEREAS, there is a possibility that federal funds could be made available to 38 assist the Virginia Beach residents with their Chinese Drywall problems; and 39 40 WHEREAS, the Commonwealth of Virginia may need to declare an emergency in 41 order for such funds to be released. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 That the City of Virginia Beach hereby requests that the Governor of the 47 Commonwealth of Virginia, through Executive Order and/or other powers available 48 under law, activate all available emergency and relief resources and mechanisms for 49 the benefit of F~omeowners impacted by defective or reactive drywall, including, but not 50 limited to, req~~esting immediate federal assistance through the Federal Emergency 51 Management p,gency ("FEMA") and any other agency of the United States Government. 52 53 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 54 BEACH, VIRGINIA: 55 56 That the City Clerk is hereby directed to forward a copy of this resolution to the 57 Governor and to each member of the City's local delegation to the General Assembly. 58 59 Adopted by the City Council of the City of Virginia Beach, Virginia, this 60 day of , 2010. APPROVED A;i TO LEGAL SUFFICIENCY: ~~ ~ City Attorney's i ffice CA11367 R-2 January 20, 201 C ~t ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Pike Inlet located at the rear of 325 Teal Crescent, for property owner Steven G. Rose MEETING DATE: February 9, 2010 ^ Background: Steven G. Rose has requested permission to construct and maintain a pier, bulkhead and boat ramp in a portion of a variable width canal on City property known as Pike Inlet located at the rear of 325 Teal Crescent, Virginia Beach, Virginia. Pike Inlet is a part of the waterways in the Sandbridge section of the City. There are other encroachments on Pike Inlet that are similar to this encroachment. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of three (3) trees of a size and species of Applicants' choice, as long as the trees are native trees, should be planted fifteen (15) feet landward of the bulkhead near the north property line. An access path through the buffer to the shoreline will be allowed. The Department of Planning/Environmental Management Center has determined that the applicant shall make a SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City-owned property. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recomrnendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinarn~e, Agreement, Plat, Pictures and Location Map. Recommende~~ Action: Approval of the ordinance. Submitting Department/Age'/ncy: Public Works/Real Est ~ ~'~¢' City Manager: I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS PIKE INLET LOCATED AT 8 THE REAR OF 325 TEAL CRESCENT, 9 FOR PROPERTY OWNER STEVEN G. l0 ROSE 11 12 WHEREAS, STEVEN G. ROSE desires to construct and maintain a pier, 13 bulkhead and boat ramp upon a portion of a variable width canal on City property known 14 as Pike Inlet located at the rear of 325 Teal Crescent, in the City of Virginia Beach, 15 Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 2 3 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, STEVEN G. ROSE, his 2 5 heirs, assigns and successors in title are authorized to construct and maintain 2 6 temporary encroachments for a pier, bulkhead and boat ramp in a portion of the City's 27 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 28 REQUEST - 'EXHIBIT A' FOR STEVEN G. ROSE, SANDBRIDGE SHORES NORTH 29 SECTION 1-B LOT 68 (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 3 0 DATE: AUG. 12, 2009," a copy of which is on file in the Department of Public Works and 31 to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and STEVEN G. ROSE (the "Agreement"), which is attached 3 6 hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 9 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as STEVEN G. ROSE and the City Manager or his authorized designee execute 4 3 the Agreement. 44 4 5 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 6 of .2010. CA-11221 X:101D\REAL ESTATE1Encroachments\PW Ordinances1CA11221 Rose Ordiance.doc V:lapplications\dtylawprod\<:ycom321W pdocs1D0141P007100039165. DOC R-1 PREPARED: 1/15/2010 APPROVED ~-S TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1im~- C ~ c~~s~,~ LIC WORIKS, REAL ESTATE 1 ~-- N RMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 18th day of September, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEVEN G. ROSE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 68" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 325 TEAL CRESCENT, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a pier, bulkhead and boat ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Pike Inlet, the "Encroachment Area"; and GPIN: 2433-16-7395-0000 2433-16-9348-0000 (City Property-Canal) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and tl~e City of Virginia Beach, and in accordance with the City's specifications and approval .and is more particularly described as follows, to wit: .4 Temporary Encroachment into the Encroachment Area as :shown on that certain plat entitled: "ENCROACHMENT I~EQUEST. - 'EXHIBIT A' FOR STEVEN G. ROSE, SANDBRIDGE SHORES NORTH SECTION 1-B LOT 68 (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT SHEET 1 (~F 1 DATE: AUG. 12, 2009," a copy of which is attached Hereto as Exhibit "A" and to which reference is made for a rnore particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. li is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must Z be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 3 It is further expressly understood and agreed that the Grantee shall establish and maintain three (3) trees (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of 'the bulkhead near the north property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. I~~ is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assurnes all responsibilities and liabilities, vested or contingent, with relation to the constructicm, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, STEVEN G. ROSE, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of _,, 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE CAF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/AutF~orized Designee of the City Clerk STATE OF VIFGINIA CITY OF VIRGINIA BEACH, to-wit: '(SEAL) The foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF= THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registr~ition Number: My Commission Expires: (SEAL) 6 r -~-_ --. . , ° r, ..: s'~+ Steven G. Rose ,'-;~~4, ,~ F`~` `~'u~, ~ r 'rt ~1:~f t1 ~~ ~~ !.~/i i H i NG C~./i'1 "~ v ST~tT~S ~j~.~'i~"•v `a ize~~S - C , to-wit: The foregoing instrument was acknowledged before me this ~ ~ day of Sc~Pit~l' "~ , 2009, by Steven G. Rose. G Notary Public Jd~yr-~ ~~ uS~ ~, /~ ~ ~ ~ci Usti Notary Registration Number: /v My Commission Expires: _ 7 ,(~~ L .?OD'd APPROVED AS TO CONTENTS ~ ~ ~`n ~ ~ S NATURE Pau F~~,1 ~,tr~~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM D A HARMFYER, ASSISTANT CITY ATTORNEY 7 OJ~~'~ PIKE INLET MAN-MADE CANAL ~ Cr ~-FLOOD N/F CITY OF VIRGINIA BEACH \O~PO,yQ EBB- GPIN: 2433-16-9348 M.B. 103 PG. 24 ~~, ~,~ PROPGSED ~ 12' VINYL ~ BULKHEAD PROPOSED P010 ~NYL V iv PIER BULKHEAD o d 32' r- TOP OF BANK ~~ ca .- r- i ~ `~ U ~ Z ~~~~ ~ I F- ~ O=N~ ~ ~- ~ z oa ~ ~o a z 732.19' TO BLUEBILL DR. v ~ N 49'12' E 1 rPF PROPOSED 10.2'x12'STONE FILLED GEOWEB BOAT RAMP 0 0 et z rPF TEAL CRESCENT (50') f~~ALTN p~L' ~, .~:.~, v~o„v~ 2 VIN E. SWAN ER > Ltc. No. 005478 o b' - ZS • Ofll ,~'~' B _ Mew ~'~. ~... -•.. ____~~r~ M 3 0 cv N z L07 69 N/F RtCHARD WILCOX GPtN: 2433-16- 7215 D.B. 4203 PG. 429 r~_ R=15O' 1-` =19.18' 1 ~ PLAN VIEW SCALE i" = 30' J 2009 WATERFRONT CONSlJLTlNG, fNC. ALL RIGHTS RESERVED. waTERFF~ONr ENCROACHMENT REQUEST - 'EXHIBIT A' ,i i~r~ DnwNG's~ z FOR _ VIRGINIA BEACH, VA 23451 STEVEN G. ROSE PH: 757 425-8244 FAQ: 757 216-6687 r:NaNa~RINC satvtce~ PROwnt=.D eY SANDBRIDGE SHORES NORTH SECTION 1-B LOT fib SEA DESfGN SEFtV1CES, INC. 4724 souTHO~N PrNES aRrvE (M.B. i03 PG. 24) PA SANDBRIDGE DISTRICT VIRGINIA BEACH, VA 23462 PHONE: (757) 467-7486 SHEET 1 OF Z DATE: AUG. 12, 2009 ? s'~. ~2s ~ o • a w • -~ -. • ~~~~ . \ . ..''Q~ e a O~v . V •° 68 GPtN: 2433-16- 7395 # 200404020052503 ZONED: R-15 r : • N 49'12' E 89' GNU ~C +.~y, 4 w. , !+ 4~~~ A ~~~ CITY OF VIRGINIA BEACH AGENDA. ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Health, Office of Emergency Medical Services MEETING DATE: February 9, 2010 ^ Background: The General Assembly established the Four-for-Life program to provide financial assistance for emergency medical programs and projects. The Four- for-Life program collects four additional dollars on each state automobile license. Twenty-five percent of these funds are provided in grants to municipal EMS agencies and volunteer rescue squads. State law restricts the use of these funds to the purchase of additional or enhanced equipment or training needs. The funds may not be used to offset or supplant current services. During May and June of FY 2008-09; the Virginia Department of Health, Office of Emergency Medical Services remitted slightly more than $426,179, or about $115,079 more than was budgeted ($311,100) in the Department of Emergency Management Services' FY 2008-09 State Four-for-Life Grant ("Grant"). Thus, $115,079 is available for qualifying training and equipment. However, to meet the Grant's expenditure reporting requirements, these funds need to be accepted and appropriated before March 2010. ^ Considerations: The Department of Emergency Medical Services proposes that these funds be used to purchase additional equipment and supplies to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. The following are examples of the training, equipment and supplies to be purchased with these funds; however, the exact items may change if the need changes or if circumstances change: • Immediate Operational Needs: Maintenance contract for the new 12-lead defibrillators and a Zone 6 Glidescope; • Basic Life Support, Advanced Life Support (ALS) and Pediatric ALS Training and Skill Rooms: office supplies to support additional training classes, automatic defibrillators, suction units, glidescope, training manikins for cardiac arrest, difficult airways, airway creation, pediatric and neonatal airways, 10 Trainer (Intraosseous Infusion system) for vascular access to provide intravenous therapy to patients; • Helicopter: automatic ventilator that supports patients that have airway problems in flight, airway monitoring device designed for the helicopter, and landing zone lights for Fire and EMS trucks; • Electronic patient care reporting: four additional computer tablets for use in training (currently tablets are pulled off active units/ambulances to teach new members); and • Medical supplies and equipment for volunteer rescue squads. • Public Information: Public information will be disseminated through the regular Council agend~~ notification process. Recommendations: Accept the additional funding and appropriate $115,079 of State revenue to the Department of Emergency Medical Services' FY 2009-10 Operating Budget in the FY 2008-09 State Four for Life Grant in the Grants Consolidated Fund. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager:' k ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF HEALTH, OFFICE OF EMERGENCY MEDICAL SERIVCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Funds in the amount of $115,079 are hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2008-09 EMS State Four- For-Life Grant in the Grants Consolidated Fund of the FY 2009-10 Operating Budget for rescue, medical and training purchases. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content V~ . Management Services Approved as to Legal Sufficiency 1 City o s i CA11368 R-2 January 22, 2010 >. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Fire Programs Special Revenue Fund to Fire Department Grants in the Grants Consolidated Fund and to Appropriate Funds to Capital Project #3-133, Fire Training Center Improvements -Phase III MEETING DATE: February 9, 2010 ^ Background: Annually, the Fire Department receives approximately $1.1 million from the State of Virginia, Department of Fire Programs under the Virginia Fire Programs Fund/Aid to Localities program, which pays for improvements in fire services, such as training, fire training facilities, fire prevention and public safety education programs; emergency medical care and equipment for fire personnel; personnel costs, vehicles, equipment and supplies for use to provide fire services. These funds cannot be used to supplant local funding for current fire services. Prior to FY 2008-09 these monies were budgeted and deposited in the Fire Programs Special Revenue Fund. In FY 2008-09, this Special Revenue Fund was eliminated, and State Fire Programs revenues were appropriated as an annual grant in the Grants Consolidated Fund. For FY 2008-09, $1,000,000 was initially budgeted. However $1,157,260 was received. The Fire Programs Special Revenue Fund remained open in the City's financial system until its fund balance of $2,028,599 could be transferred in the FY 2009-10 CIP to the Capital Project #3-133, "Fire Training Center Improvements -Phase III." Thereafter, the Department of Finance was to close out this Special Revenue Fund in the City's financial system. ^ Considerations: This ordinance will resolve the outstanding accounting issues related to the discontinuance of the Fire Programs Special Revenue Fund, including the correction of a deposit of $1,157,260 into the Special Revenue Fund instead of the Grants Consolidated Fund that occurred in FY 2008-09. These revenues lapsed into the fund balance of this Special Revenue fund and are available for appropriation to replace the existing financing sources budgeted in the grants shown below. Additionally, the Department of Finance wishes to close the Fire Programs Special Revenue Fund, so the remaining fund balance is recommended to be appropriated to Capital Project #3-133, "Fire Training Center Improvements -Phase III" to accumulate funds for the next project at the Training Center. Examples of proposed projects include parking lot expansion, main classroom and administration building expansion, amulti-purpose building to include the burn building control room, a "dirty" classroom, health and safety training area, multi- purpose training tower, and numerous outside training prop areas for hazmat training, technical rescue training, and heavy apparatus emergency vehicle operator training. Grant or Project dame Fire Programs Grant FY09 Fire Programs Training Mini Grant FY09 FEMA Assistance to Firefighters Grant '08 ECG Monitor and Driving Simulator FY09 Sub-total - Fund Balance to Appropriate in the Grants Consolidated Fund Existing Revenue Source State Fire Programs Fund State Fire Programs Fund State Fire Programs Fund Appropriate Remaining Fund Balance to: Capital Project #3-133, "Fire Training Not Center Improvements - Phase III° applicable Total Fund Balance to Revenue Source to be Changed to Transfer from State Fire Programs Special Revenue Fund - Fund Balance Transfer from State Fire Programs Special Revenue Fund - Fund Balance Transfer from State Fire Programs Special Revenue Fund - Fund Balance Transfer from State Fire Programs Special Revenue Fund - Fund Balance Amount $ 913,751.20 1, 091.80 82, 557.00 $ 997,400.00 173,200.56 $1,170,600.56 ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Alternatives;: If these funds are not appropriated and revenue sources are not . changed in these girants, the grants will have uncollectible revenues and the Fire Programs Special Revenue Hand cannot be closed out in the City's financial system. ^ Recommendations: Appropriate the fund balance from the Fire Programs Special Revenue Fund to ~~rovide $997,400 as a substitute funding source for State Fire Programs revenues in various Fire Department grants in the Grants Consolidated Fund, and appropriate $173,2(10 to Capital Project # 3-133, Fire Training Center Improvements -Phase III. ^ Attachmentr::Ordinance Recommended Aci:ion: Approval Submitting Departrnent/Agency: Fire Department City Manager: ~~~ ~ c~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FUND BALANCE OF THE FIRE PROGRAMS SPECIAL REVENUE FUND TO FIRE DEPARTMENT GRANTS IN THE GRANTS CONSOLIDATED FUND AND TO APPROPRIATE FUNDS TO CAPITAL PROJECT #3-133, FIRE TRAINING CENTER IMPROVEMENTS -PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That $997,400 of estimated revenue from Virginia Fire Programs Fund is hereby decreased. 2) That $997,400 from the Fund Balance of the Fire Programs Special Revenue Fund is hereby appropriated, with estimated revenues increased accordingly, to the Grants Consolidated Fund in the following amounts: a. $913,751 to the Fire Programs Grant FY 09; and b. $1,091 to the Fire Programs Training Mini Grant FY 09; and c. $82,557 to the FEMA Assistance to Firefighters Grant '08 ECG Monitor and Driving Simulator FY 09. 3) That $173,200 from the Fund Balance of the Fire Programs Special Revenue Fund is hereby appropriated, with estimated revenues increase accordingly, to Capital Project #3-133, Fire Training Center Improvements - Phase 111. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Conte--` ~~ ~~/ U~ Management Service; Approved as to Legal Sufficiency 1 City ey's Office CA11376 R-2 February 1, 2010 Nu ~~~~ ~~- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs to Capital Project #3-133, Fire Training Center Improvements, Phase III MEETING DATE: February 9, 2010 ^ Background: Annually, the Fire Department receives approximately $1.1 million from the State of Virginia, Department of Fire Programs under the Virginia Fire Programs Fund/Aid to Localities program, which pays for improvements in fire services, such as training, fire training facilities, fire prevention and public safety education programs; emergency medical care and equipment for fire personnel; personnel costs, vehicles, equipment and supplies. These funds cannot be used to supplant local funding for current fire services. State Fire Programs allocations are budgeted as annual grants in the City's Operating Budget, of which $400,000 has previously been allocated to Capital Project #3- 133, Fire Training Center Improvements -Phase III. ^ Considerations: During the budget process an estimate is made of the amount of funds that will be received from the State. Additional funds received must be appropriated by Council. The estimate for FY 2009-10 Fire Programs Grant in the Fire Department's Operating Budget was $1,010,757. However, actual revenue received was $1,173,239. The Fire Department wishes to allocate the additional $162,482 to Capital Project #3-133, Fire Training Center Improvements -Phase III, to accumulate funds for the next project at the Training Center. Examples of proposed projects include parking lot expansion, main classroom and administration building expansion, amulti-purpose building to include the burn building control room, a "dirty" classroom, health and safety training area, multi- purpose training tower, and numerous outside training prop areas for hazmat training, technical rescue training, and heavy apparatus emergency vehicle operator training. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate $162,482 of State Fire Programs grant funds to Capital Project # 3-133, "Fire Training Center Improvements -Phase III." ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department( City Manager ~~~ ~~ 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FROM THE VIRGINIA 3 DEPARTMENT OF FIRE PROGRAMS TO 4 CAPITAL PROJECT #3-133, FIRE TRAINING 5 CENTER IMPROVEMENTS, PHASE III 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $162,482 is hereby accepted from the Virginia Department of Fire Programs 11 and appropriated to Capital Project #3-133, Fire Training Center Improvements, Phase 12 III, with estimated State revenues increased accordingly, for future expansion projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 20'10. Requires ~~n affirmative vote by a majority of all of the members of City Council. Approved ~s to Content Approved as to Legal Sufficiency • Management ;>ervices l Cit ey's Office CA11377 R-1 January 26, 2010 04 . _ ~ }}jj }S2f~ ~ ~ Sy of.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the United States Department of Homeland Security to the FY 2009-10 Operating Budget of the Fire Department for the Deployment of the Virginia Task Force-2 (VA-TF 2) Urban Search and Rescue Team to Haiti MEETING DATE: February 9, 2010 ^ Background: The City of Virginia Beach is the sponsoring agency for VA-TF 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. Eighty-three members of the VA-TF2 were activated to the country of Haiti (80 on January 13, 2010, and 3 on January 15, 2010) to assist with the search and rescue efforts following the massive earthquake the country sustained on January 13, 2010. This is in support of the U.S. Agency International Development's Office of Foreign Disaster Assistance activities. Upon activation and deployment, the U.S. Department of Homeland Security (DHS) through FEMA provides funding to reimburse participants for equipment, supplies and overtime supporting this event. ^ Considerations: As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, DHS through FEMA has authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of VA-TF 2. Based on the size and type of deployment, the estimated cost is $1,500,000; however the actual cost will be better known once the reimbursement request documents have been completed. ^ Public Information: Public information will be handled through the normal agenda process. ^ Recommendations: Appropriate $1,500,000 to cover expenses of VA-TF2 for the assistance of the Search and Rescue Plans related to the Haiti Earthquake. ^ Attachments: Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: Fire Department~~ City Manager. ~ , ~ 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE UNITED STATES DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2009-10 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 FOR THE DEPLOYMENT OF THE VIRGINIA TASK 6 FORCE-2 (VA-TF2) URBAN SEARCH AND RESCUE 7 TEAM TO HAITI 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That funds in the amount of $1,500,000 from the U.S. Department of Homeland 13 Security, Federal Emergency Management Agency are hereby appropriated, with 14 estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget 15 of the Fire Department for costs related to the deployment of VA-TF2 Team for the Haiti 16 Earthquake. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content Approved as to Legal Sufficiency ~ G~~'~ Management Services l Ci ey's Office CA11369 R-2 January 22, 2010 K. PLANNING i. Application of MARK W. and LAUREL N. LLOBELL for a Nonconforming Structure to replace a detached garage apartment at 112 69~' Street DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 2. Application of LAURIE RICHARDS -GREEN PARROT GRILLE/KAY BURTON for ExRansion of a Nonconforming Structure to allow outdoor patio dining at 4494 Lookout Road. DISTRICT 4 -BAYSIDE DISTRICT RECOMMENDATION DENIAL 3. Application of BRUCE and VIRGINIA RADER for Expansion of a Nonconforming_Structure to allow an addition at 307 55TH Street DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 4. Application of THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC for Modification of Proffers (previously approved by City Council on September 8, 2009) for a change in the building site layout at 2236-2240 General Booth Boulevard DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPLICANT REQUESTS DEFERRAL TO 2/23/10 5. Applications of REED ENTERPRISES re an auto repair shop at Princess Anne Road and South Plaza Trail: DISTRICT 2 - KEMPSVILLE a. Modification of Proffers and adding conditions (previously approved by City Council on February 23, 1999) b. Conditional Use Permit RECOMMENDATION APPROVAL 6. Applications of BONNEY G. BRIGHT at Princess Anne and Pocahontas Club Roads: DISTRICT 7 -PRINCESS ANNE a. Closure of an unimproved southernmost portion of Pocahontas Club Road b. Conditional Use Permit to expand excavation at an existing borrow pit RECOMMENDATION APPROVAL 7. Application of TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/J.G. HORTON & SON CONSTRUCTION for a Conditional Use Permit re a church at 5109-5111 Witchduck Court DISTRICT 4 -BAYSIDE DISTRICT RECOMMENDATION APPROVAL 8. Application of JC'S PLACED. E. BONNEY for a Conditional Use Permit re an indoor Christian based Teen Club at 596 Princess Anne Road DISTRICT 7 -PRINCESS ANNE 9. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. AMEND § 111 re defmition of adult bookstores b. AMEND §111 and §401 and ADD §209.1 re "Farm Winery" regulations c. AMEND § 111 and ADD §217 re requirements for monument and electronic display signs :,1.~ ~.•:t ~r NOTICE OF PUBLIC HEARING [°rginia Beach Ciry Cowxil will meet in tM Chamber at City Hall, Municipal Center 401 Courthouse Drive, Tuesday, Februar 9, 2010, at 6:00 p.m. The followinj ,ipplicaUOm will be heard: BAYSIDE DISTRICT taupe Rkhards Green Parrot Grille/ltal Burton Application: Exaanslon of a '~onconformi Structure at 4494 Lookout Hoed, iuee Know Him New Birth Full Gospel Ministries/J. G. Horton & Son ConstnuUon lpplicattom: Condhional USE Permit for a church at 5109.5111 WltchduCk Court. LYNNHAVEN DISTRICT Nark W. and Laurol N. Llogell Application: Vonconfortnirr[ SWCture at 112 69tH Street Bnue Rader/Bn>ce and Virginia Retkr Application: F~[slon of a Nonconformirra Stnt~ at 307 55th Street PRINCESS ANNE DISTRICT JC'S Place/D. E. Bonney Application Conditional Use Pemrtt for Bn indoo commercial recreation faclllq at 591 Princess Anne Road. The Rabkee Comparry/Jones Real Estef Irnestment Comparry, LLC. Applicatia Madifkatfon of Condhlons (epprwed by Ct CouncA on September 8, 2009) at 2238 an 2240 General Badth Boulevard. Bonney G. Bright Application: SVeet YL235L4r for the unimproved southen r. xtromity of Pocahontas Club Road. Bonney G. Bdgrt Applkatlon: CondltiorW l'se Pertnlt for a borrow pit at Princess Anne Road end PocatrorRas Club Road (GPINs 2317821327; 2317723259; 2317612520; 2317801537;2316698832;2316896801; 2317803371). CITY OF VIRGINIA BEACH Jrdinarxe to amend Clty Zoning Ordinance Secbon 111 pertaining to 11[a definition of adult bookstoros. Ordinance to Artierrd the Section 111 and 401 and Add a Haw Sactlon 210 bf rile CitZ Zoning OrdMrtce de6nirtg 'Fenn Winery, establishing Farm VWnerles es a permitted use In the AGS and AG•2 Agdculturel Districts and settlrg forth rogulaUOns pertaining to such uee. Ordinance to amend Secdor 111 and add new Sectldn 217 to the Clly Zoning Ordinance dsMln{ monument signs and electr0111C dlepley signs end establishing requiremenU far such slgrrs. KEMPBVILLE DISTRICT Reed Enterprises, Inc. Application: ModHkatlan of Conditions (approved by City Council an February 23, 1999) at Princess Anne Road and Souttl Plaza Trail IGPINs 1478801748;1476802957). Reed Enterprises, Inc. Applcation: Condlbonel Use PertnR for an automobile repair establishmem at Princess Mne Road and South Pleze Trail (GPIN 1476802957). hll interested citizens are Invited to attend. Ruth Hedges Fraser, MMC Gry Clerk Copies of the proposed ardlnances, resolutions and amendments are on file antl r.[ay be examined in the Department of Planning or online a[ ~Ktp:/; www.y¢gov.com/oc For information call 385.4621. If you are physkally disabled or vlaasgy impaired and need assistarrre at trns neeUng, please call the CITY CLERK'S OFFICE st 386-4303. Beacon January 24 8r 3L 2010 209755b5 Ai.~p L-3 Map NattaScafe M~li'k w Rr T ,~»rpl N T lnholl ~~,~ ~ti R5R - Non-Conforming Use :~ ro ¢~~ f~ ~ . s~ <~~ ,: :~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 112 69th Street, Owned by Mark W. and Laurel N. Llobell. LYNNHAVEN DISTRICT MEETING DATE: February 9, 2010 ^ Background: The applicant is requesting approval of the replacement of an ~-- existing nonconforming detached garage apartment that is located behind an existing single-family dwelling on a lot in the R-5R Resort Residential District. The applicant desires to preserve the existing principal single-family dwelling structure, which is nearly a century old, but replace the detached garage apartment. Both units are located on the same 7,500 square foot lot, and the Zoning Ordinance requires that each single-family dwelling in the R-5R Resort Residential District be located on a separate parcel. Since the existing lot is only 7,500 square feet in size, it cannot be subdivided into two conforming lots of 5,000 square feet, which is required for asingle-family dwelling in the R-5R District. Thus, the garage apartment is nonconforming and the applicant's proposed construction can only occur with City Council's approval. ^ Considerations: The single-family dwelling was constructed in 1915 and has been modified over the years, while the garage was originally constructed just prior to 1950. The R-5R Resort Residential District permits duplex units, and the applicant could, as a matter of right, replace these structures with a single duplex. Neither the single-family dwelling nor the garage apartment meet the setbacks as required in the R- 5R District. The front porch of the single-family dwelling encroaches approximately five feet into the front yard setback and approximately four feet into the side yard setback. The detached garage apartment encroaches approximately seven feet into the side yard setback, as the structure sits almost on the eastern property line. With the proposed construction, the degree on nonconformity will be decreased as the new dwelling in the rear of the lot will meet all required setbacks. The existing dwelling will not meet the required parking requirement of two parking spaces per unit and, as depicted, the parking for the rear unit is not designed to meet the minimum required turning radius. The detached garage apartment of 501 square feet will be replaced with a two story, 2,176 square foot dwelling designed to mimic the historic character of the existing single-family dwelling. The elevation of the proposed dwelling depicts an exterior of yellow shake shingles with a dark green asphalt roof. MARK W. & L~~UREL N. LLOBELL Page 2 of 4 The proposed architectural style and superior building materials are reminiscent of old beach cottage designs, which are in line with the goals of the North Virginia Beach Civic League. In fact, the design of the rear unit mimics the historic character of the existing d~nielling on the front portion of the lot, which is almost a century old. The new dwelling on the rear of the site is proposed to be constructed with no encroachment; into the setbacks. The applicant has taken care to design the new dwelling so as to protect a very significant live oak tree on the adjacent property. While this amazing tree and other notable trees on the parcel to the west are not on this site, the root systems of some of the largest live oaks in Virginia Beach lie in the back yard. ^ Recomrnendations: Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." It is Staffs opinion that the proposed changes to the site are preferable to the by-right development o~f a duplex. Staff concludes that the request, with the conditions below, is reasonable, as the density will remain the same as the by-right option, will have a minimal impact, and should be as appropriate or more appropriate to the district as the existing non-conforming use. The :site shall be redeveloped substantially as shown on the exhibit entitled, "CO~JCEPTUAL SITE PLAN LLOBELL RESIDENTIAL DEVELOPMEMT, 112 69T" STREET, VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated November 13, 2009, which has been exhibited to the City Council and is on file in the Planning Department with the exception that the proposed two-story cotta~ae shall provide two off-street parking spaces with a minimum turning radius of 24 feet or as otherwise deemed acceptable by the Planning Director durin~~ final site plan review. 2. The exterior of the dwelling unit proposed to replace the existing two story, detached garage apartment shall substantially adhere to the submitted elevation entitled, "PROPOSED REAR COTTAGE ELEVATION," prepared by WPL, dated November 13, 2009, in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The ;applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. MARK W. & LAUREL N. LLOBELL Page 3 of 4 ^ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: ~ ~c~'V ~ A RESOLUTION AUTHORIZING THE ENLARGEMENT 2 OF A NONCONFORMING USE ON PROPERTY 3 LOCATED AT 112 69th STREET OWNED BY MARK W. 4 & LAUREL N. LLOBELL 5 6 WHERI.AS, Mark W. and Laurel N. Llobell, (hereinafter the "Applicants") have 7 made application to the City Council for authorization to enlarge a nonconforming use 8 having the address of 112 69th Street, in the R-5R Resort Residential District, by 9 replacing an existing nonconforming detached garage apartment located on the same 10 parcel with asingle-family dwelling; and 11 12 WHEREAS, the said garage apartment is nonconforming, as it is located on the 13 same parcel as another dwelling unit in the R-5R Zoning District, which does not allow 14 two dwelling units on the same parcel; and 15 16 WHEREAS, the use was commenced prior to the adoption of the applicable 17 regulations; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement o~f a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the conditions of approval 30 set forth hereinlbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGIINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The site shall be redeveloped substantially as shown on the exhibit entitled, 39 "CONCEPTUAL SITE PLAN LLOBELL RESIDENTIAL DEVELOPMENT, 112 40 69T" SZ~REET, VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated 41 NovembE:r 13, 2009, which has been exhibited to the City Council and is on file in 42 the Planning Department with the exception that the proposed two-story cottage 43 shall pro~~ide two off-street parking spaces with a minimum turning radius of 24 44 feet or as otherwise deemed acceptable by the Planning Director during final site 45 plan reviE~w. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 2. The exterior of the dwelling unit proposed to replace the existing two story, detached garage apartment shall substantially adhere to the submitted elevation entitled, "PROPOSED REAR COTTAGE ELEVATION," prepared by WPL, dated November 13, 2009, in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT Planning De ~ rtment APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ~. City Attorney's Office CA11370 R-1 January 22, 2010 ~~~°~:~~,r ~1ark VV. & Laurel N. Llobell . ,, ~25F2" ,' ~ D ~ _- ~..;_ 9 ~, ~ ~ ~~ ~, ~ ~~- ~~, ~~ ~ ; - , i ~1._. ' ~ ~ - F7SR - '~ ~~ ~, - - `-_:. __ i RSR ,S February 9, 2010 City Council Meeting APPLICANT Zip PROPERTY OWNER: MARK W. & LAUREL N. LLOBELL Non-Conforming Use REQUEST: Replacement and Enlargement of a Nonconforming Use STAFF PLANNER: Carolyn A.K. Smith ADDRESS / CiESCRIPTION: 112 69`" Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24197418800000 LYNNHAVEN 7,500 square feet Less than 65 dB DNL The applicant is requesting approval of the replacement of an SUMMARY OF REQUEST existing nonconforming detached garage apartment that is located behincl an existing single-family dwelling on a lot in the R-5R Resort Residential District. The applicant desires to preserve the existing principal single-family dwelling structure, which is nearly a century old, but replace the detached garage apartment. Both units are located on the same 7,500 square foot lot, and the Zoning Ordinance requires that each single-family dwelling in the R-5R Resort Residential Di:~trict be located on a separate parcel. Since the existing lot is only 7,500 square feet in size, it cannot be subdivided into two conforming lots of 5,000 square feet, which is required for asingle- family dwelling in the R-5R District. Thus, the garage apartment is nonconforming and the applicant's proposed con:;truction can only occur with City Council's approval. The single-farr~ily dwelling was constructed in 1915 and has been modified over the years, while the garage was originally constructed just prior to 1950. The R-5R Resort Residential District permits duplex units, and the ~3pplicant could, as a matter of right, replace these structures with a single duplex. Neither the single-family dwelling nor the garage apartment meet the setbacks as required in the R-5R District. MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 1 The front porch of the single-family dwelling encroaches approximately five feet into the front yard setback and approximately four feet into the side yard setback. The detached garage apartment encroaches approximately seven feet into the side yard setback, as the structure sits almost on the eastern property line. With the proposed construction, the degree on nonconformity will be decreased as the new dwelling in the rear of the lot will meet all required setbacks. The existing dwelling will not meet the required parking requirement of two parking spaces per unit and, as depicted, the parking for the rear unit is not designed to meet the minimum required turning radius. The detached garage apartment of 501 square feet will be replaced with a two story, 2,176 square foot dwelling designed to mimic the historic character of the existing single-family dwelling. The elevation of the proposed dwelling depicts an exterior of yellow shake shingles with a dark green asphalt roof. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling and detached garage apartment SURROUNDING LAND North: . 69th Street USE AND ZONING: . Single-family homes / R-5R Residential District South: Single-family homes / R-5R Residential District East: Single-family homes / R-5R Residential District West: Single-family homes / R-5R Residential District NATURAL RESOURCE AND The site is within the Atlantic Ocean watershed. There are several CULTURAL FEATURES: notable, significant live oak trees on an adjacent parcel that will remain undisturbed. The canopy of the trees spreads over the applicant's parcel. The applicant has worked extensively with adjacent property owners to communicate their desire and proposed means to protect these trees during construction. Other than the existing dwelling that is almost a century old, there do not appear to be any significant cultural features on the site. IMPACT ON CITY SERVICES TRAFFIC: The proposal has no impact on traffic or roadway issues. WATER 8 SEWER: This site is already connected to City water and sanitary sewer. MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request The applicant desires to maintain an existing early-20'h century cottage on the front of the lot and to demolish the existing two-story detached garage apartment on the rear of the lot, replacing it with a two- story, 2,000 square foot dwelling. As there are two units on this 7, 500 square foot lot, which is zoned R- 5R, and both were constructed prior to 1953, the year the City of Virginia Beach adopted its Zoning Ordinance, they are considered to be nonconforming. The R-5R Residential District permits either single- family dwellin~~s or duplex dwellings on a parcel. The applicant could opt, by right, to demolish the existing structures anti construct one duplex, with two dwelling units, thereby netting the same density as proposed. The probable result would be a narrow, three-story duplex with a very long facade facing existing residE~nts and likely resulting in the loss of several significant live oaks. A duplex building, in Staffs opinion, would be out of character with many of the older beach cottages typical of the North End. The request to continue to have two units on this single lot rather than an disproportionate duplex is similar to a development option available for property owners in the Old Beach neighborhood, south of 31st Street. In the Old Beach area, an overlay district allows this type of development on a site provided certain design criteria are met. The proposed architectural style and superior building materials are reminiscent of old beach cottage designs, which are in line with the goals of the North Virginia Beach Civic League. In fact, the design of the rear unit mimics the historic character of the existing dwelling on the front portion of the lot, which is almost a century old. The new dwelling on the rear of the site is proposed to be constructed with no encroachmenl:s into the setbacks. The applicant has taken care to design the new dwelling so as to protect a very significant live oak tree on the adjacent property. While this amazing tree and other notable trees on the p~~rcel to the west are not on this site, the root systems of some of the largest live oaks in Virginia Beach lie in the back yard. As a result of 1:he applicant's desire to keep the existing home, it is difficult to meet the Zoning Ordinance requirement oi` two parking spaces per unit on the site. The front unit is actually one parking space shy of the four space requirement. As depicted, maneuvering into the spaces in front of the existing house and in front of the rear unit will be difficult if not impossible for an average size vehicle. On-street parking is available in frcnt of the house and can be used to make up this deficiency. It should be noted that, in Staffs opinion, this exception is only valid due to the desire to preserve the existing century old house. In regard to the F~arking for the rear unit, Staff recommends a condition that the site layout be revised to include parkinc~ for the rear unit that meets the minimum required turning radius of 24 feet. The result will likely be an extension of the parking spaces to the east and a redesign of the proposed patio for the existing front dwelling. In order to meet the maximum impervious cover requirement of 60 percent, it may also be likely that the parking space depicted for the front unit will be eliminated. Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." It is Staffs opinion that the proposed changes to the site are preferable to the by-right development of a duplex. Staff concludes that the request, with the conditions below, is reasonable, as the density will remain the same as the by-right option, will have a minimal impact, and should be as appropriate or more appropriate to the district as the existing non-conforming use. MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 3 CONDITIONS The site shall be redeveloped substantially as shown on the exhibit entitled, "CONCEPTUAL SITE PLAN LLOBELL RESIDENTIAL DEVELOPMENT, 112 69T" STREET, VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated November 13, 2009, which has been exhibited to the City Council and is on file in the Planning Department with the exception that the proposed two-story cottage shall provide two off-street parking spaces with a minimum turning radius of 24 feet or as otherwise deemed acceptable by the Planning Director during final site plan review. 2. The exterior of the dwelling unit proposed to replace the existing two story, detached garage apartment shall substantially adhere to the submitted elevation entitled, "PROPOSED REAR COTTAGE ELEVATION," prepared by WPL, dated November 13, 2009, in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 4 i r ~~ 4 _ ~1 f ~ ~ `~' ~-~ - ~' ~- -.~ -.~ T ~' ~ ~.. ~ff ~ ~' ~ ~ ~Z f ~. ~s +~` ~:~ .. O },`o o ~ ...~ ;< ~~ ~ti ~ ~ ~ ~ ~~ 4 ~ t~ ' a '` ,ri. ~ ~ ,5..~« ~ ~ j~~4 ~`' .~ ~ . ,,~ z > r* r. 1 k .. ..~~ AERIAL OF SITE LOCATION MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 5 PROPOSED SITE PLAN MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 6 „ y ~. ,~..; 1 ~' r PROPOSED REAR COTTAGE ELEV;ITIOR CONCEPTUAL SITE PLA\ LLOBELL RESIDENTIAL DEVELOPMEl\TT 112 69th Street, Virginia Beach, Virginia N'P1. LA\DS(':\PE ARCHITECTS l.:\tiD ti\R\"Fa'6R5 CI\'IL E6G1\EERS Jauuan&2U111 PROPOSED SITE LAYOUT MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Mee#ing Page 7 EXiSTI VG RCS 1 LDING TO RE!11AIF r`' nYN. f~.. _.~ W ~+ w ~ R~ -____._T_ ~- .. - « ~. f p 7] t 1, . R.. r. jj • ... :.'. SS ' - .... _... a, r... ~~ r-1 ,.,.......:.tn ~-li. .. -, .. .i. I.v ~ ..~ i.l~ PROPOSED REAR COTTAGE ELE4ATIOY CONCEPTUAL SITE PLA\ LLOBELL RESIDENTIAL DEVELOPMENT 112 69th Street, Virginia Beach. Virginia N'P1. LA\DSC'-~P£ 1aClllTk:CTti LA\D Sl~ar'£\ORS ('111. F,\GI\F.F,RS Jannar~~8. 211tU PROPOSED SITE LAYOUT DEPICTING EXISTING TREE CANOPY MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Rage 8 EXISTISG BUILDItiG TO RE4IAIN EXISTING SINGLE FAMILY DWELLING TO REMAIN MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 9 EXISTING BUILDING TO REI~'IAIN PROPOSED REAR DWELLING ELEVATION MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 10 FRC~F(~-SED REAR CCITTAE EL,EVATICI-N I~i::ap L-3 dap Vo! !o Scale ' ' , ~. Non-Conforming Usa 1 12/08/09 Modification to aNon-Conforming Use Granted ZONING HISTORY MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 11 z 0 c~ w w c~ 0 w z 0 v z 0 z DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Mark W. Llobell and Laurel N. Llobell, husband and wife 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Non-CoMorming Use Application Page 8 of 9 Revised 911/2lNk DISCLOSURE STATEMENT MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. WPL ' "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 Govemment Conflict of Interests fact, Va. Code § 2.2-3101. 2 "A,ffiliated business entity relationship" means "a relationship, other than parent-sut~sidiary 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 Govemment Conflict of Interests Act, Va. Code § 2.:?-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on they subject property at least 30 days prior to the scheduled public hearing according ~,o the instructions in this package. ~~' Mark W. Llobell Applicant's/Pro rtY ner Signature ~ Print Name ~ Laurel N. Llobell Applicant's/Rroperty / er Signature Print Name Non-Conforming Use AppicaGon Page 9 of 9 Revised 9/1/2004 z 0 a w c~ 0 w z 0 U z 0 z DISCLOSURE STATEMENT MARK W. & LAUREL N. LLOBELL February 9, 2010 City Council Meeting Page 13 Alap F-2 'ap Not to Scale Laurie Richards t/a Green Parrot (Trill e ~; ,Y ,. ..~ ~ :r a ~ I ~ r1 1 ~, {~__ ~ ~~', ! r-i y~_' J ,- ~ ~~ ~I ~, ~„ ~'_ r' =4 r , ` . :: r -r -~,` - -, , r - .,~ r~2 -fir - - 4 + ~1' I V ~ _ - ~ ~ ~' ~ - r ~ I ~~~ '~" ~ ~ ~: JL TY !J ! ,f ~ _.f ., 'F~ t i i I <t i~ I ~r 'T , t li r. r ~F~~~+E ,• - I I ~ I fc~ ,I ,. i r ~ r . ~ :I . I ~,, .I Shore Drlve Zoning Overlay Non-Conforming Use Nom' ~_; a, -~, .. ;~,;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing an Enlargement of a Nonconforming Use on Property Located at 4494 Lookout Road Owned by Kay Burton and Operating as Laurie Richards T/A Green Parrot Grille. BAYSIDE DISTRICT MEETING DATE: February 9, 2010 ^ Background: The applicant requests an expansion of a nonconforming use (restaurant) in order to allow outdoor dining located within an area of the front yard, which is enclosed with fencing. The restaurant is considered nonconforming, as it is located on the same lot as a residential dwelling. The site is zoned B-1 Neighborhood Business and the B-1 District does not permit residential uses. Information from the City Assessor's ofFce indicates that the existing one-story structure was constructed in 1965, and prior to 1965, the site was zoned CL-3 Limited Commercial District, and both restaurants and residential dwellings were allowed within this District. ^ Considerations: This request to allow an expansion of the existing nonconforming use will allow the outdoor dining area located on the west and south sides of the building to remain. The outdoor dining area consists of a patio and fencing. The applicant states that a wooden fence around an existing patio was deteriorating and in need of replacement; so, the applicant replaced the deteriorating fence with a stronger fence. The applicant further stipulates that the patio and fencing have existed at least since 2005 when the applicant moved into the property. An examination of the City's aerial photography records reveals that the patio and fencing were not in place before 2006. The deck and fencing are thus considered an unapproved expansion to an existing nonconforming use. The patio and picket fencing are located on the west side of the building and extend 0.3 feet across the front property line into the public right-of-way and are located four feet east of the western property line. There is currently no parking available on the site. Parking spaces are located on the adjoining lot to the west and within the Lookout Road right-of-way in the front of the structure. ^ Recommendations: The requested expansion of this non-conforming use is not reasonable and does have an impact on the surrounding community. This site has previously been used as an eating and drinking establishment with no outdoor dining. The patio and fencing introduce outdoor dining to the si#e, and thus increase the intensity of the use. Outdoor dining encourages individuals to congregate on the patio LAURIE RICHARDS /GREEN PARROT GRILLE Page 2 of 3 area producinl~ additional noise and traffic, which negatively impacts the surrounding residential community because no buffer exists or is proposed between this commercial use and the rE~sidential community to the north and east as is required by the Zoning Ordinance. The required buffer would help to mitigate the negative impacts of outdoor dining area on the surrounding residential community. A second reason the expansion is not acceptable is that the deck and fencing as situated decrease parking on-site, and this site currently does not have sufficient parking. According to the Zoning Ordinance, a 2,350 square foot restaurant requires at least 47 parking spaces on-site. Prior to 2007, a portion of eight parking spaces were provided on-site. The patio and fencing now obstruct what little parking area was available on this site and the adjacent lot. Staff cannot support any reduction in parking on this site. li` the applicant, however, intends to pursue a reduction in parking, a variance must Ise approved by the Board of Zoning Appeals. Staff further finds that the expansion is not acceptable because the proposed fencing violater regulations as established within the Zoning Ordinance. Section 105(b) of the Zoning Ordinance stipulates that no nonconformity shall be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The fence, as it is located within the public right-of--way and front yard setback, would not be allowed on any lot within the B-1 Neighborhood Business District and thus should not be allowed on this lot. Overall, this expansion increases the degree of the parking non-conformity as well as increases the noise and visual intensity of the use by providing outdoor dining without providing an adequate buffer. Staff finds that this increase in intensity and enlargement oi~ use negatively impacts the surrounding residential community. This expansion also creates additional non-conformities by permitting a fence that is not in compliance with zoning regulations. Staff, therefore, finds that the request is not acceptable. ^ Attachmients: Staff Review and Disclosure Statement Resolution Location IVlap Recommended .Action: Denial Submitting Dep~artment/Agency: Planning Department City Manager k , O+P'~ 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 4494 4 LOOKOUT ROAD OWNED BY KAY BURTON 5 AND OPERATED AS LAURIE RICHARDS T/A 6 GREEN PARROT GRILLE 7 8 WHEREAS, Laurie Richards t/a Green Parrot Grille, (hereinafter the "Applicant") 9 has made application to the City Council for authorization to enlarge a nonconforming 10 use having the address of 4494 Lookout Road, in the B-1 Neighborhood Business 11 District, by adding an outdoor dining area to a nonconforming restaurant; and 12 13 WHEREAS, the said restaurant is nonconforming as it is located in the B-1 14 Zoning District, on the same parcel with a residential use, and the B-1 Zoning District 15 does not allow residential uses; and 16 17 WHEREAS, the uses were commenced prior to the zoning of the parcel to B-1 18 Neighborhood Business District; and 19 20 WHEREAS, pursuant to Section ~ 105 of the City Zoning Ordinance, the 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed use, as enlarged, will be 30 equally appropriate to the district as is the existing use under the conditions of approval 31 set forth hereinbelow. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the enlargement of the nonconforming use is hereby authorized, upon the 37 following conditions: 38 39 1. The enlargement shall be substantially in accordance with the 40 submitted site plan dated 9/28/09, which has been exhibited to the 41 Virginia Beach City Council and is on file in the Planning Department. 42 43 2. A variance shall be granted from the Board of Zoning Appeals for the 44 fence and all other structures located in the setbacks. 45 46 3. All structures located on City property shall be removed. 47 48 49 of Adopted by the Council of the City of Virginia Beach, Virginia, on the day 2010. APPROVED AS TO CONTENT Planning a rtment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA11360 R-2 January 28, 2010 Laurie Richards t/a n~AP ~''-'- f'ruun Parrnt (~'rillP Map NCl [o JCaltl /,'~ ~ ~ R5R ` ~ ~/ ~ R 5R ~ ,,;; ~ ~ ~R5 JI 1 1 . ,~R _ ' ~ ,~~ ~R51~ ~: ~~ ; ~~ _ _ ~ ~ , -~ RS~t '-' ~, _, l ~ ~ , ,, / -,: R5R_ r- ~ - . _ \ 61, '~ ~ , ~~_` ~ ( R5R / - RSR; _ R1Q _ R f 0 ~ _ ' D • Sim Otlw ZoNrp Owrl.y NoM1Con/orrtNng USE REQUEST: Enlargement of a Nonconforming Site ADDRESS I DESCRIPTION: 4494 Lookout Road February 9, 2010 City Council Meeting APPLICANT: LAURIE RICHARDS T/A GREEN PARROT GRILLE GPIN: ELECTION DISTRICT: SITE SIZE: 15707114510000 BAYSIDE 12,000 square feet PROPERTY OWNER: KAY BURTON STAFF PLANNER: Leslie Bonilla AICUZ: Less than 65 d6 DNL The applicant requests an enlargement of a nonconforming SUMMARY OF REQUEST use (restaurant) in order to allow outdoor dining located within an area of the front yard, which is enclosed with fencing. The restaurant is considered nonconforming, as it is located on the same lot as a residential dwelling. The site is zoned B-1 Neighborhood Business and_ the B-1 District does not permit residential uses. Information from the City Assessor's office indicates that the existing one-story structure was constructed in 1965, and prior to 1965, the site was zoned CL-3 Limited Commercial District, and both restaurants and residential dwellings were allowed within this District. This request to allow an expansion of the existing nonconforming use will allow the outdoor dining area located on the west and south sides of the building to remain. The outdoor dining area consists of a patio and fencing. The applicant states that a wooden fence around an existing patio was deteriorating and in need of replacement; so, the applicant replaced the deteriorating fence with a stronger fence. The applicant further stipulates that the patio and fencing have existed at least since 2005 when the applicant moved into the property. City records, however, indicate that the patio and fencing were newly LAURIE RICHARDS T/A GREEN PARROT GRILLE /KAY BURTON February 9, 2010 City Council Meeting Page 1 established vrithout obtaining a building permit. An examination of the City's aerial photography records reveals that the patio and fencing were not in place before 2006. The deck and fencing are thus considered an unapproved expansion to an existing nonconforming use. The patio anti picket fencing are located on the west side of the building and extend 0.3 feet across the front property line into the public right-of-way and are located four feet east of the western property line. There is currE~ntly no parking available on the site. Parking spaces are located on the adjoining lot to the west and within the Lookout Road right-of-way in the front of the structure. LAND USE AND ZONING INFORMATION EXISTING L/1ND USE: Eating and drinking establishment with an attached residential dwelling SURROUNDING LAND North: Residential dwellings / R-5R Residential Resort District USE AND ZCiNING: South: Lookout Road • Restaurant / B-1 Business District • Residential dwellings / R-5R Residential Resort District East: Residential dwellings / R-5R Residential Resort District West: . Restaurant / B-1 Business District NATURAL RI=SOURCE AND There are no known natural resources or cultural features associated CULTURAL f~EATURES: with this site. IMPACT ON CITY SERVICES WATER >~ SE:WER: This site currently connects to City water and sewer. POLICE: Between September 1, 2009 and November 8, 2009, fourteen incidents were investigated by the Police Department involving reports of nuisance or loud music generated from the site. Between September 1, 2008 and November 8, 2008, there was one incident of a nuisance or loud music, which was investigated by the Police Department. The Police Department is also involved in investigating whether or not the applicant is in compliance with the current ABC License. Legal proceedings are currently being conducted to determine if the applicant has violated the ABC License by playing amplified music. PERMITS ~ IIVSPECTIONS: Public Utilities has had several sanitary sewer overflows at this site and it has been determined that the applicant does not have proper kitchen equipment or grease interceptors to handle the current oa;upancy load. EVALUATION AND RECOMMENDATION LAURIE RICHARDS T/A GREEN PARROT GRILLE /KAY BURTON February 9, 2010 City Council Meeting Page 2 Staff recommends denial of this request The requested enlargement of this non-conforming use is not reasonable and does have an impact on the surrounding community. This site has previously been used as an eating and drinking establishment with no outdoor dining. The patio and fencing introduce outdoor dining to the site, and thus increase the intensity of the use. Outdoor dining encourages individuals to congregate on the patio area producing additional noise and traffic, which negatively impacts the surrounding residential community because no buffer exists or is proposed between this commercial use and the residential community to the north and east as is required by the Zoning Ordinance. The required buffer would help to mitigate the negative impacts of outdoor dining area on the surrounding residential community. A second reason the expansion is not acceptable is that the deck and fencing as situated decrease parking on-site, and this site currently does not have sufficient parking. According to the Zoning Ordinance, a 2,350 square foot restaurant requires at least 47 parking spaces on-site. Prior to 2007, a portion of eight parking spaces were provided on-site. The patio and fencing now obstruct what little parking area was available on this site and the adjacent lot. Staff cannot support any reduction in parking on this site. If the applicant, however, intends to pursue a reduction in parking, a variance must be approved by the Board of Zoning Appeals. Staff further finds that the expansion is not acceptable because the fencing violates regulations as established within the Zoning Ordinance. Section 105(b) of the Zoning Ordinance stipulates that no nonconformity shall be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The fence as it is located within the public right-of-way and front yard setback would not be allowed on any lot within the B-1 Neighborhood Business District and thus should not be allowed on this lot. Overall, this expansion increases the degree of the parking non-conformity as well as increases the noise and visual intensity of the use by providing outdoor dining without providing an adequate buffer. Staff finds that this increase in intensity and enlargement of use negatively impacts the surrounding residential community. This expansion also creates additional non-conformities by permitting a fence that is not in compliance with zoning regulations. Staff, therefore, finds that the request is not acceptable. LAURIE RICHARDS T/A GREEN PARROT GRILLE /KAY BURTON February 9, 2010 City Council Meeting Page 3 vg's ~~A••'r!, ~ ~i[ '+M. WP~ „~ ~. ,+~~ ~ ~a ~ ~ .r~?": r~i rt nCa~ rs i-'nT i` f ~ Y t, ' a ~` * ~'1 f t #I ..... e i' a ' ~ y - # «~ Lei.. ,,/,,,.. ~ .. r c .,. ~~ ..~'~., ~ :~ ~ r I a ~~ ~~ t~ „ ~ j ~.llt :~, 1" . }, ~ +i rh r' r ~',F ~, 'f ~ '.,~r» ~ .»...~ . _ y,~, n 'q~ r f• ~s'~/,'~~ r n ~ r w.,, c~~ _ _ - ~ ._a ,. 4. ~` rvL 3 ~.. ~ `~ !ham"~~~,~;,~~~~-Q~.S'S ~..t~ `.. ter-~1+4~ ~ ~ ~ . -'' s. -r ~ i k.:. stir .~ ~~, ~. f ~: _' '+~ ~.µ.' ~ . '~ ' ~ ~ O ~' ~ ...'~ . t"e `. Sys L ^l" ~a~,~'~~" ~ ~ 11r;.~~ _ ~„ ~ .. . r ~ ., .~_ 2007 AERIAL OF SITE LOCATION LAURIE RICHARDS T/A GREEN PARROT GRILLE /..KAY BURTON February 9, 2010 City Council Muting Page 4 ~OOOD~' ~~ ,•; ROAD :. 1~p ~ ~ ~s~ ~.<<. ~~. fi ~.~ PROPOSED SITE PLAN LAURIE RICHARDS T/A GREEN PARROT GRILLE /.KAY BURTON February 9, 2010 City Council Meeting Page 5 ~~ ~ ~'t+'ll ~~ ~-~ 'h1i~~=11(!I~ :,~Ili1r; !+';~iifi lliF Illlii;illli I .r- Nfi~ I ~ - ~? .~...~..~.,.~.,~..~~ ~. _ ....,~. _ ..~.~.~,~- ~ , ,: -? ~..~ "T~ e~9a,; ~ 3 1 L ; ~ ; "'~ ~rt y iii. 'iF1~2i= 3 l'4 ..s «.~t» ^ I ~ ~ r.. aF s 1~ n ~~ ~ ~ ~ ~ s ~y ~ ~ .. Y s,.. . V ~~ 4 ~S:F~'' '~ ~~, ~ i -,.aF~'~ ' _l E~' .., _.. _. 2009 PHOTOGRAPH OF BUILDING & FENCED-IN PAT10 LAURIE RICHARDS T/A GREEN PARROT GRILLE I KAY BURTON February 9, 2010 City Council Meeting Page 6 4 '~ ~: 4. "~.~ `- ~ -~ ~~ ~ ~~ ~' ti 4 ~ ~ ~" ~' ., ~. ,~ .~.~ 2006 AERIAL OF SITE L~JCATION LAURIE RICHARDS T/A GREEN PARROT GRILLE I KAY BURTON February 9, 2010 City Council Meeting Page 7 ~~f ' .. ~.: %1 ~~ ~J ~3 A ~~Zi~. rh~ r » .>~ j ~. r ~.c-•s~ i-; J~ ...._f.3~] .., _ k ,~ Y ~r~ ~: r A ~ 1, y L~i€. + a °E~ ~«~~1 '' ~~' TrR ~~ f ^'s ~ ,,. ~.. rte' ~. s t 1X, - ~ ~ ~ ~ e.r r ~ . i .q ~ M ~ f l"~W - ~J`~ ~ i~~ s. 2005 AERIAL OF SITE LOCATION LAURIE RICHARDS T/A GREEN PARROT GRILLE /.KAY BURTON February 9, 2010 City Council .Mee#ing Page. 8 Map F-2 Map Not to Scale Laurie Richards t/a Green Parrot Grille -_ H ~-c. r Y ~_ L _ R~~R r '~~ _ Ij 1. t _.. r r/ I .[ I l ++ I ~ _ •r` f ~ ti I 4 , ~ I :r i rJi I r r ~~ - ~ r _ , ~r ~L ~ Jt~ ~ , ~N /A ~I 1 + r I I I ~l i )~~ [ f r Q r ,~ l ti r'; .~' -r. r:; llr - r <-r `',,:,, r~I ~{`~ ~ y r _ ~~ I I ~ 1 r~ I i t f ~~i lol , r -- , `=f :t _ -_ .e r_ . -= r -C -- --.-~ _., ~,~. -rJ cr -_ _- _r a - - L 'C -- - -rnr SD = Shors Drive Zoning Overlay Non-Conforming Use # DATE DESCRIPTION ACTION 1 9-30-85 Subdivision Variance Granted 2 9-9-03 Subdivision Variance Granted 3 1-11-00 Zonin Chan a (B-1 to R5R with Shore Drive Overlay) Granted ZONING HISTORY LAURIE RICHARDS T/A GREEN PARROT GRILLE /KAY BURTON February 9, 2010 City Council Meeting Page 9 z 0 V ~--~ R..i W cn i~- c~ z 0 w z 0 V z 0 z DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) La IJr i n bewol~ - presiderl+- ~lune ~- ~ichgrgS - V~e2-presider- f SeCre}ary 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? glen-Con'aming Usa Appiica';on Page 8 of 5 R?v~sed 7?3m7 LAURIE RICHARDS T/A GREEN PARROT GRILLE /KAY BURTON February 9, 2010 City Council Meeting Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) i)l~~ r~ o ~ ~-~/ l~ 1 ~ F-l ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information wntained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~, l Prfnt Name ~' Prope Owner's Signature (if different than applicant) Print ame Non-Con`:erming Use Appiirxaen Page 9 of 9 P2vi59tl 7r3~07 0 ~--~ V ~-.~ ~-.a W cn ~~- c5 z 0 w z 0 U z 0 LAURIE RICHARDS T/A GREEN PARROT GRILLE /KAY BURTON February 9, 2010 City Council Meeting Page 11 PI.~p No L--1 Map Not to Scale Bruce RaclPr Non-Conforming Use Nu h i' S f~ .~ ~~ (~{; 4- ~ ~ Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 307 55th Street Owned by Bruce Rader. LYNNHAVEN DISTRICT MEETING DATE: February 9, 2010 ^ Background: The applicant is requesting approval for an expansion of a nonconforming use. The property is located at 307 55th Street in the Crystal Acres area of the north end of the Oceanfront. Aone-story single-family dwelling, atwo-story single-family dwelling, and a guest house occupy the site. The site is considered nonconforming because two single-family dwelling units occupy the site. The R-5R Resort Residential district permits asingle-family dwelling or a duplex per lot. City records indicate the structures were constructed in 1948. Based on the architectural styles of the structures, Staff concludes that it is more likely that the cottage style single- family dwelling facing Dawson Road was constructed at that time, and the ranch style single-family dwelling was constructed later. ^ Considerations: The applicant proposes additions to the existing one-story ranch style home on the site, which fronts 55th Street. The existing home is situated 27.6 feet from the front property line, 3.9 feet from the eastern property line, and 36.4 feet from the western property line. The proposed addition, consisting of approximately 500 square feet of floor area, will extend 7.92 feet from the front building wall and will be an overall length of 46 feet. The proposed addition will meet the front and side yard setbacks and does not exceed the allowable impervious cover in the R-5R Resort Residential district for single-family dwellings. The exterior of the addition will match the existing exterior on the home. There will be a brick skirt on the foundation, brick veneer for the walls, and shake siding on the gable to match the existing gable. A small portion of the addition will have brick veneer water table with shake siding on the wall. Building trim and roofing materials will match the existing home. The applicant also proposes the addition of a 12-foot by16-foot screen porch over the existing deck on the rear of the structure. BRUCE F2ADEFt Page 2 of 3 ^ Recommendations: Staff concludes that the proposed alteration is reasonable, will have a minimal impact, and will be as appropriate to the surrounding area as the existing non-conforming use. The foll~~wing condition is recommended: 1~he proposed addition shall be constructed substantially in accordance ~niith the submitted plans entitled "PLANS PREPARED FOR RADER F;ESIDENCE", dated September 29, 2009, and prepared by Crow, Miller & I~~ayfield Architectural Design Group. Said plans have been exhibited to tl~e Virginia Beach City Council and are on file in the Planning Cepartment. ^ Attachnnents: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting De~~artment/Agency: Planning Department City ManagerC S lL ~ (`~~ 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 307 55tH 4 STREET OWNED BY BRUCE RADER 5 6 WHEREAS, Bruce Rader (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming use having the address of 8 307 55tH Street, in the R-5R Resort Residential District, by enlarging one of the 9 nonconforming single-family dwellings located on the site; and 10 11 WHEREAS, the said single-family dwelling is nonconforming, as it is located on 12 the same parcel as another single family dwelling and a guest house in the R-5R Zoning 13 District, which does not allow more than one single-family dwelling on the same parcel; 14 and 15 16 WHEREAS, the use was commenced prior to the adoption of the applicable 17 regulations; and 18 . 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the condition of approval 30 set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following condition: 37 38 The proposed addition shall be constructed substantially in accordance with the 39 submitted plans entitled "PLANS PREPARED FOR RADER RESIDENCE", dated 40 September 29, 2009, and prepared by Crow, Miller & Mayfield Architectural 41 Design Group. Said plans have been exhibited to the Virginia Beach City Council 42 and are on file in the Planning Department. 43 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2010. APPROVED ~~S TO CONTENT -~ Planning D ~ ent CA 11372 R-1 January 25, 2010 APPROVED AS TO LEGAL SUFFICIENCY: i /~ (,~~,~ City Attorney's Office "~~ o° «' Bruce Rader tisP ~a ~ K Non•Confonning Use REQUEST: Enlargement of a Nonconforming Use ADDRESS /DESCRIPTION: 307 55t" Street February 9, 2010 City Council Meeting BRUCE RADER STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24197010820000 LYNNHAVEN 16,200 square feet Less than 65 d6 DNL The applicant is requesting approval of an expansion to a SUMMARY OF REQUEST nonconforming use. The property is located at 307 55th Street in the Crystal Acres area of the north end of the Oceanfront. Aone-story single-family dwelling, atwo- story single-family dwelling, and a guest house occupy the site. The site is considered nonconforming because two single-family dwelling units occupy the site. The R-5R Resort Residential district permits a single-family dwelling or a duplex per lot. City records indicate the structures were constructed in 1948. Based on the architectural styles of the structures, Staff concludes that it is more likely that the cottage style single-family dwelling facing Dawson Road was constructed at that time, and the ranch style single- family dwelling was constructed later. The applicant proposes additions to the existing one-story ranch style home on the site, which fronts 55tH Street. The existing home is situated 27.6 feet from the front property line, 3.9 feet from the eastern property line, and 36.4 feet from the western property line. The proposed addition, consisting of approximately 500 square feet of floor area, will extend 7.92 feet from the front building wall and will be an overall length of 46 feet. The proposed addition will meet the front and side yard setbacks and does not exceed the allowable impervious cover in the R-5R Resort Residential district for single-family dwellings. BRUCE RADER February 9, 2010 City Council Meeting Page 1 The exterior of the addition will match the existing exterior on the home. There will be a brick skirt on the foundation, b~~ick veneer for the walls, and shake siding on the gable to match the existing gable. A small portion of the addition will have brick veneer water table with shake siding on the wall. Building trim and roofing materials will match the existing home. The applicant. also proposes the addition of a 12-foot by16-foot screen porch over the existing deck on the rear of the: structure. LAND USE AND ZONING INFORMATION EXISTING L~-ND USE: Aone-story single-family dwelling of 1,865 square feet, atwo-story single-family dwelling of 1,350 square feet, and aone-story guest house of 224 square feet SURROUNDING LAND North: Dawson Road USE AND ZONING: Across Dawson Road are single-family and duplex dwellings / R-5R Resort Residential South: . 55th Street • Across 55th Street are single-family and duplex dwellings / R-5R Resort Residential East: . Single-family dwelling / R-5RResort Residential West: • Single-family dwelling / R-5RResort Residential NATURAL RESOURCE AND The lot is heavily wooded with only a clearing for the structures on the CULTURAL FEATURES: site. The lot also has a unique topography in that the ground elevation varies from 16.9 feet in the clearing for the structures down to 3.9 feet at the roadways. Steps in the front of the site extend 13.6 feet from the slope to the road; step at the rear of the site extend 28.8 feet from the top of the site to the roadway. The site is located in the Chesapeake Bay Resource Management Preservation area. IMPACT ON CITY SERVICES There are no impacts to City services with regard to the addition. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. BRUCE RADER February 9, 2010 City Council Meeting Page 2 Staff finds that the proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable with the conditions below. CONDITIONS The proposed addition shall be constructed substantially in accordance with the submitted plans entitled "PLANS PREPARED FOR RADER RESIDENCE", dated September 29, 2009, and prepared by Crow, Miller & Mayfield Architectural Design Group. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. BRUCE RADER February 9, 2010 City Council Meeting Page 3 +#~ a _ c r 3r' ~~~ q. ~,.. ~ ~.. •~r Via, L ' , i a35~~ .. ~.. fir' ~~: ~~~ fi.,R ~l ~~~ ~ .. f~ s w r~. ~s pf ~. ! i Z. ``~~, ~~f; .1 .. ~; x ,~: 9z .tee; x _ .- , 'w ~ ~. &A '! ~1 ..: 4. ~ ~ ~ ~~ ` V ' I t i 3i~~ ~r ~ ~r. ~ ~r~ ~ ~,1,. ~ ,T~ ~ +.. r aw ' ~~, f~v < ~ rj v ~: ~3r .+ ~' .~: :> Z j._ ~ ».. c~`Y .,ter , ~~~ !~:' ~!a ~ ~,..` ,r F ~ ~ r~ 't +~~ ay • t ~ J 1 y f y, y 1ft : A' ~ . 9. .~ rl t~1rr i li' :~ ~1$r a t ~' ~ ~' ,. < ~~:'a, ~ '' ~` ~"` Y• z -~" 1~.~ „ '~ ,~ ~ . ~~~ r r ~: i - ~* <~:' ~. ~ M!~ .~, ~ s~'r ~': - }fir ~~ ~~ s , ,,- ., ~Y F ~~ .3~~~ ~ ~` '' , .,,,~ ,~ , `~r. r .ii- : Y, ~ a ~ ~~ . yam„ 'F`-. ;~~~ { F C < ~ J ~«I' ~ ~ C ,,~~ f= w ` .; Y3» y;;.. AERIAL OF SITE LOCATION BRUCE RARER February 9, 2010 City Council Meeting Page 4 r ;` l ~:; /: ., ~~ r 9 ~ ~~oo•~~o ,OOZII ~ „OG;I~Z~ tJ P ~~ ~' ---- ~- c----- -_.__ ___~.~ i~ ~ ~ ~ ` ,: ~:~ ~~ s t p~~ lli'^, ~i ~~ V~ U E F i k, t ~ ~ ~' I~ V _ R t ~ ..~.,.,- h, 1~ ~ 1._ ~ ~~ E ~.. A~~ L:`` i ~ _ 1 W i g^y-. r _~ 4~ _ `7j ~,~ ffjj "~ ~~ ~ ~ i ~ ~~ ~ b c:;. ,~ r. ~ .. ~ .,, ice..... ~w __ _~ •> .~,9s, ,~~ ,~ \ _. 4 ~,~y Z '[mil- \x.55. L ___ ~ ~' Vii.. ,n' _. ' .. ,.. .. .. ~/ ~Q~-'" ~ S .~- ~ „ 00, SI.9F N °~ ~ ~ 0 EXISTNG PH`~(SICAL SURVEY BRUCE RADER February 9, 2010 City Council Meeting Page 5 ~F ~_. _..__ .... ~ 3J~.~C3S~ 33C~'~ W V Z W D H W W D Q _Z v W m Q z .. ~~ ~~t! _ ~ t;" ;d ,,,rN a~~ia.~t ~~ ~ x~°ru~~ .~i~a _ !~ E~ i:( ,~,. _, _ : , '{ _ _ I . f , _ _ " .i ~ mil) i - - ` i= ~~ ,~ ~ _ ~ ~~ f ~ ~ - _ ~ `._ _~ __ ~` = ,. `.~ _ ; y 31 i ,i 1 - . ;1 F i ' ~~ ,~ ~ : ,~~ ,r_ j ~ ~.~ Z {~ ; c. r - ~ j ~ ' ~ ~ ~ r ~ y ~ ~ ~ 1 -=~'-= ,~ ~ _, ~ _ - ii ~ ~ :er + „_ t ,y - o , g a# ~€r"~~ ~aErtr .a F--; t tAit ~ S 4 .~ o~ <'i Ef . it ts- { ~~ `d { ~ -153% 5 ~ ~ ~ ~ ~a drr~ ~~ ' - g :t _ C ,~ ._.~r.~_~._-.._., s - _ _ ~-..-..,,,.. ~.~ ~' s__ _ _ ~ _ - i ~ '_~ i '[{ _ _ ''(. GRx s a _ _ i 5 _ ~ i, i ~ ~ ~ ~ L ! ~_ ~ ~€Gi 1 x. ELEVATION #1 BRUCE RARER February 9, 2010 City Council. Meeting Page 6 ~ ~ r St~UI.LVA373N0':2I3.LX3 r6iu'""""a.",". °""°"° ,.~"„;;''~'~ <(g ~.'x~ra~'xc~o ' 3JN3Q1$3~F213QV'2I arrsr~ df10ZIrJN~iS3t]'fbZli1LJ3.LIHJ~Ib/` r'_~¢~ ~ ~~ ~~~' ~ a~7~a~ ~a~z~uw :Hax~ ~ ; ~ g i,, aoaa~n~tasav7~ "Q1A' ~'®`"'f I ` '~ ~~ _~ ~ ~ ~~~ -~ r ~ ~~ ~~ `'w~l~ ' ~. 1~~~1~ _...~ ~~ ~~~~ ~`~ ~'' _~_ ~~~ ~~ ~. [ I ~ ~,~ _ ~~ ~5 r ~ ~ I ~ ,~_ ~ F d 6 ~'~ !` ;! ~ . j la ~~~ ~~ ~~ !~ k I ~~ , >. ~ I I I d '~~ ~~_~ ~ lei ,~~ ~a~.~~S~,~~ ads ~ i i I ~~ i ELEVATION #2 BRUCE RADER February 9, 2010 City Council Meeting Page 7 EXISTING BUILDING BRUCE RADER February 9, 2010 City Council Meeting Page 8 PHOTO OF THE REAR OF EXISTING BUILDING BRUCE RADER February 9, 2010 City Council Meeting Page 9 ~~ ~ ~ ~~ ~~~~~ ~~ ., N ~_ _. ~~ 1~Ia~ No L--~ Map of to Scale 1 - ~~ ~ ~ .-- 1 1 ,.--'' 1 1 1 1, Y 11 \ t l` R 1 ~`~. `,, ~' ) - , ~~ ~" ~ t `1 '. ~ / ,\ ~~ ./ ~~-i f'f ~ `_` ,, _ - __ ~ t _,.., _ 1~, ~ R~R _1'~ .~ 1 ~,.~~ _' t r "' . :~-~ 't C` '~' ,-~ ~ ~ ~ s - ~ - ~ ~~ ~ ~ ~c 1 r~ 't . - t, t -'~,~- . F i _.,-~ -~ '` - ~ j l ~ ~~-°~'~ ~, ice' ~~ ~ ~ ~ ~~'~ 4 '` ~~1 - ~~' . ~_~ - ~;~- Nan-Conforming Use There is no zoning history to report in the immediate area. ZONING HISTORY BRUCE RADER February 9, 2010 City Council Meeting Page 10 ~--i '~ V W c/~ i~- c7 z 0 w z 0 V z 0 z DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Nv4' o~aolvAb1~e- 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) L~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE . Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2 List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Non-Conforming Use Application Page 8 of 9 Revised 713107 BRUCE RADER February 9, 2010 City Council Meeting Page 11 DISCL~JSURE STATEMENT ADDITIONAL DISCLOSURES List all kno~Nn contractors or businesses that have or will provide services with respect to the requi~sted property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (~~ttach list if necessary) F~~eril-1' molders - Gato, 1~ietd nnlt~nd,a~ Mur O4W - Lc~tnc~ St~yt~wo r -1 na (~Ow,~'rield ~ Ar~~n; ~e~- - mm i7esioy, Can ' "Parent-subsidiary relationship' means "a relationship that a xists 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-:101. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents t upon the subject property by employees of the Department of Plannin~ to photograph a we the site for purposes of processing and evaluating this application. Owner's Signature (if different than applicant) rttice ~d¢.r- Print Name Print Name Non-Conforming Use Application Page 9 of 9 Revised 7/3/07 z 0 a a~ w c.7 z 0 w z 0 V z 0 z BRUCE RADER February 9, 2010 City Council Meeting Page 12 - 45 - Item V-L. S. PLANNING ITEM # 59199 Upon motion by Vice Mavor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upo~7 application of THE REBKEE COMPANY fora Change of Zoning District Classi rcation from D-1 Office District and R-20 Residential District to Conditional B-2 Community Business District re office and retail development at 2236 and 2290 General Booth Boulevard C,-RDlNANCE UPON APPLICATION OF THE THE REBKEE COMPANY, CHANGE OF ZONING DISTRICT CLASSIFICATION O-1 (;~FFIC'E DISTRICT AND R-2U RESIDENTIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT, 2236 AND 1.290 GENERAL BOOTH BOULEVARDl.U9091228 BE IT HEREBY G-RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA G~rdinance upon application of the THE REBKEE COMPANY, Change oi~ Zoning District Classi rcation, O-1 Office District and .R-20 Residential District to C'vnditional B-2 Community Business District. 2.?36 and 2290 General Buvth Boulevard (GPIN # 2~11906~7150000; 29190676890000). U1~STR/C7' 7 - PRINCESS ANNh,' The following conditions shall be required: 1. An Agreement encompassing pro, fJers .+•hall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance sy!all be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Ci,ry Council of the City of Virginia Beuch, Virginia, on the Eighth of September, Two Thousand Nine Voting: 11-U (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " De.Sleph, Harry F,. Diezel, Robert M. Dyer, Barbara M. Henlev. Vice Mayor Louis R. Jones, tl~iayor William D. Sessoms, Jr., Juhn E. Uhrin, Ron A. Villunuevu, Rosemury Wilson and Jumes L. Wood Council Members Voting Nay: None Council Members .Absent.• None ri~dNU~~hi n; '"yhs~ o , : ?}7 F~ rs, :~~'~ : r , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE REBKEE COMPANY /JONES REAL ESTATE INVESTMENT COMPANY, LLC, Modification of Conditions, previously approved by City Council on September 8, 2009, 2236 and 2240 General Booth Boulevard. PRINCESS ANNE DISTRICT. MEETING DATE: February 9, 2010 ^ Background: The applicant is requesting a modification to the proffer agreement for the development of the site for the purpose of changing the layout of the building on the site. ^ Considerations: Due to a scheduling conflict for the applicant, the applicant requests a deferral of this matter to City Council's February 23 meeting. ^ Recommendations: Allow deferral of the item to the February 23 City Council meeting. ^ Attachments: Location Map Recommended Action: Deferral to the February 23 City Council meeting. Submitting Department/Agency: Planning Department City Manager: ~ . ~~~. /~ ~ ^ Kimley-Horn ~J ~ and Associates, Inc. .lanuary 26, 2010 ;itephen J. White, Ph.D., AICP City of Virginia Beach laepartmcnt of Planning 2405 Courthouse Drive, Room 115 '~irginia Beach, VA 23456 Ite: Project #113001146 "B" MODIFICATION OF CONDITIONS APPLICATION FOR JONES REAL ESTATE INVESTMENT COMPANY, LLC (Applicant: The Rebkee Company) -General Booth Boulevard & Nimmo Parkway Dear Mr. White: F'er our conversation yesterday, we have a conflict with the City Council meeting scheduled for February 9`h, for which the referenced project is on the agenda. 1'ou had indicated that it would not be a problem for us to be given a two week deferral to the February 23rd meeting when we would not have a conflict. Please consider this as our official request for that change. 1 would appreciate something back in writing so I can disseminate it to all involved who might get confused by seeing the advertising for this project indicating the hearing will be on February 9th. Likewise, please confirm that we will not need to be present at tl~e February 9'" meeting to request the two week deferral. Thanks for your help, and should you desire any further information or assistance, please contact me. Very truly yours, [MLE RN SOCIATES, INC. Randall Royal, .E. cc: Mr. Jason Chinnis/Rcbkec Ms. Donna Jones/Jones Real Estate Investment Company, LLC K:UIRO Civi1~113W1146-CVS VH GB Nimmo~CorrespondenceU.etterslVa~inia Bcachti01-25-10 S White.doe Stale 300 501 Independence Parkway Chesapeake, Virgm~a 2332a ^ TI:L 757 548 T300 F~4X 757 548 7301 'N 2 U ~ ;. _ _- - r - V 1 7 ? A :: ~? $' 9,r d OF OUR N~ p~ S t~UN In Reply Refer To Our File No. DF-7591 TO: Mark D. Stiles FROM: B. Ka Wilso'h Y CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: January 26, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; The Rebkee Company The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 9, 2010. I have reviewed the subject proffer agreement, dated October 26, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen / This Document Prepared by: Kaufman & Canoles AMENDED AND RESTATED AGREEMENT THIS AMENDED AND RESTATED AGREEMENT (the "Agreement") is hereby entered into a:; of this 26th day of October, 2009 (the "Effective Date"), by and between JONES REAL ESTATE INVESTMENT COMPANY, LLC, a Virginia limited liability company (a.k.a. Jones Real Estate Investment Company, L.L.C.) ("Owner") (index as a "grantor"), THE REBKEE Ca~MPANY, a Virginia corporation ("Applicant Developer") (index as a "grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). WITNESSETH: WHEREAS, Owner is the owner of record, and Applicant Developer is the proposed developer and the applicant for the rezoning, of certain parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" Said parcels hereinafter collectively referred to as the "Property"; and WHE)E~EAS, the Property by action of City Council for the City of Virginia Beach, Virginia, on SE;ptember 8, 2009, was rezoned to Conditional B-2 (the "Rezoning") and is subject to the terms of the zoning ordinance of the City of Virginia Beach; and WHEF~EAS, by the Rezoning, the Owner and Applicant Developer (hereinafter sometimes collectively referred to as the "Grantors") initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to Page 1 of 10 PARCEL I GPIN:2414-06-7715 PARCEL 2 GPIN: 2414-06-7684 change the Zoning Classification of the Property from R-20 and O-1 to conditional B-2 with the covenants, restrictions and conditions of an agreement, dated July 1, 2009, which agreement was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument no. 20090915001086450 (the "Proffer Agreement"); and WHEREAS, subsequent to the Rezoning and the Proffer Agreement, Grantors have requested modifications to the site plat referenced in the Proffer Agreement and clarification of the provisions of the Proffer Agreement relating to access to the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are generally not applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Owner has voluntarily proffered, and the Applicant Developer has agreed to, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which Page 2 of 10 conditions constitute an amendment and restatement of the Proffer Agreement and all of which have a reasonable relation to the Rezoning and the need for which is generated by the Rezoning. WHEREAS, said conditions, as hereby amended and restated, having been proffered by the Owner, and agreed to by the Applicant Developer, and allowed and accepted by the Grantee as part of the :honing Ordinance, such amended and restated conditions shall continue in full force and effe~~t until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner c-f the subject Property at the time of recordation of such instrument; provided, further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordlinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, 'THEREFORE, the 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 fro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Page 3 of 10 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 Owner, their successors, personal representatives, assigns, grantees, and other successors in interest or title: The development of the Property shall be in substantial conformance with the Site Plan titled "Jones Real Estate Investment Site Plan", dated September 25, 2009, prepared by Kimley-Horn & Associates, which plan has been exhibited to the City Council and is on file with the Planning Department of the City of Virginia Beach (the "Site Plan"). 2. The buildings constructed on the Property shall be constructed so as to be architecturally compatible with the building elevations titled "Atlantic Gardens Center Proposed Retail Center" and "Atlantic Gardens Center Revised Design" dated May 10, 2007, prepared by Jeff Love and Associates for AGC Acquisition, LLC for the rezoning of the adjacent property as referenced in that proffer Agreement, dated May 25, 2007 between AGC Acquisition, LLC and Booth Ferrell Associates and the City of Virginia Beach and recorded in the Clerk's Office as Instrument No. 20080125000.092840 ,which elevations have been exhibited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Building Elevations"). The final Building Elevations shall be approved administratively by the City of Virginia Beach Planning Director. 3. The Property shall be used for the following principal uses and their accessory uses and structures: a. Business offices; b. Medical and dental offices and clinics and laboratory, legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; Page 4 of 10 c. Retail drug store d. All retail and other commercial and accessory uses and all ancillary uses as permitted (subject to such applicable rules regarding special exceptions or special use permits as may be applicable to a particular use) within the B-2 zoning district, but excluding business or vocational schools, boat and motor vehicle sales or service, childcare centers, commercial parking lots or parking structures, drive thru eating or drinking establishments, grocery stores, convenience stores, and storage garages. 4. Access to the Property from General Booth Boulevard shall be in accordance with the Site Plan, notwithstanding the terms of that Deed of Easement and Agreement (the "Easement Agreement"), dated December 16, 1991, and recorded in the Clerk's Office in Deed Book 3055, at page 2018, as the same may be amended from time to time or terminated. 5. These proffers supersede all previously recorded proffers affecting the Property or the use thereof' as follows: a. Conditions and restrictions as set forth in Agreement with City of Virginia Beach, Virginia, dated August 30, 1991, recorded February 7, 1992, in Deed Book 3055, . page 2027; and b. Conditions and restrictions as set forth in Agreement with City of Virginia Beach, Virginia, dated April 10, 1995, recorded August 10, 1995, in Deed Book 3526, page 984. Further, this Agreement restates and supersedes the Proffer Agreement in its entirety and the proffers set. forth herein supersede those proffers set forth in the Proffer Agreement. Page 5 of 10 Notwithstanding the effect of such proffers being superseded, all the terms and conditions as set forth in the Easement Agreement shall remain in effect, unless and until such terms and conditions are duly amended or terminated. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, one or more of the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office and indexed in the name of the Grantors and Grantee. Page 6 of 10 IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties as of the date first written above. JONES REAL ESTATE INVESTMENT COMPANY, LLC, A Virginia limited liability company By: f~~v~t-~' ~ ~r~-F~ Its: ~ COMMO]VWEALTH OF VIRGINIA CITY/COUNTY OF !', ~ ~.-;~ ~a, , to-wit: The foregoing instrument was acknowled ed efore me this ?~~day of ~ c , 2009 by ~ l ! ~~IleS , as '' ,~' of Jones Real Estate Investment Company, LL~C, a Virginia limited liability c inpany, on its behalf, and who is ^ personally known to me, or ~ who produced ~ 1 Lp,Y~ as identification. if Notary public My commission expires: ~ ~~~l~Q ~` Registration No.: ~t3'~~' _ Commonwealth of Vrginia Kimberly Ruth Perkins Holland -Notary Public Commission No. 7138492 MY Commission Expires 02/28/2011 Page 7 of 10 THE REBKEE COMPANY, A Virginia corporation ~• By~ ~ Its: ~ty,....~~ COMMONWEALTH O VIR INIA CITY/COUNTY OF ~ f , to-wit: The foregoing instrument was acknowledged before me this ~~'day of ~k-~6~ 2009, by ~~...~F( C• f~wr~ ~ , as Mc:.~~.e,~ of The Rebkee Company, a Virginia corporation, on its behalf, and who is ~ personally known to me, or ^ who produced as identification. ~- ~' -~ ~'~l / . ~ ~ ~~ / ~ G.S , `1 otary Public . My commission expires: y~_:>~ ~ ~ 3 Registration No.: 3.57i -,~ Z `~ 625312'713 REBE!;CA r~Pd!~ ?^CERS•OVER51'REET M 9~ Cit}t'f1tTfJ1"Y+~t4~~h C+f VIf sit119 My CamrnUri~n t=x~~: aptil ~9, ~~19 Page 8 of 10 EXHIBIT "A" Legal description Parcell GPIN2414-06-7715): A. All that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot No. C, as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF CHARLES C. HICKMAN ET UX, D.B. 482, P. 2l, M.B. 21, P. 70, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1"=100', SEPTEMBER 24, 1971, W. B. GALLUP, SURVEYOR," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45. [Source deed erroneously references M.B. 21, P. 70 in tree title of the referenced plat instead of M.B. 25, P. 70 as shown on plat.] Less and I?xcept that portion of the property taken by the Commonwealth of Virginia by Certificate; of Take recorded in the aforesaid Clerk's Office in Deed Book 2242, page 605, and Order recorded in the aforesaid Clerk's Office in Deed Book 2319, at page 1523. B. All that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtena~lces thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, <<nd being known, numbered and designated as "To be conveyed to Lot C" as shown on that certain plat entitled, "Re-Subdivision of Property of Charles C. Hickman", which said plat is dul:~ recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146, at Page 44, which parcel contains .507 acres, more or less. [Source deed erroneously references the word "Re-Subdivision" in the title of the referenced plat instead of the word "Subdivision" as shown on the plat.] Parcel2 (JPIN2414-06-7684): A. All that certain lot, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot #B, as shown on that certain plat entitled, "SUBDIV[SION OF PROPERTY OF CHARLES C. HICKMAN ET UX, D.B.482, P. 21, M.B. 25, F'. 70, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1"=100', SEPTEMBER 24, 1971, W. B. GALLUP, SURVEYOR," which plat is duly recorded iii the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45. Page 9 of 10 Less and Except that portion of the property taken by the Commonwealth of Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 2253, page 260, and Order recorded in the aforesaid Clerk's Office in Deed Book 2304, at Page 2014. B. All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "To be conveyed to Lot `B"', in that certain plat entitled, "Subdivision of Property of Charles C. Hickman, et ux", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146, at Page 44 (erroneously stated to be page 144 in prior deed), said parcel containing .459 acres, more or less. Page 10 of 10 an E-~ n - - -~ r Map Nat to .Scale nCCU L' it ier~rl5es, lnc. A1'Z'r` ~ ~,--' f \ 1~~ \ ~ A12 :: ~ \ ,~ ~ 1 ~ ~~-~ ~ / \ % % R 10 ~, 'N~ ~ ~~'-` `i i~ ~ i i /i ,,. ,~ i ~i ~~ ~i y ~' ~ ~ ~ ~ i ~` ~R7,'S ~ // i ~ ~~ / f/7 %~ * ~ / i ~` '~ /~ Al ~ i ~ ~; ,~ i ~~~ - J, % J '' ~ ~ CUP Auto Repair -Modification of Conditions S,,~a~µ.. N.~`h l~ f~ ~7 ~~~~~;' k~,~,:., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) REED ENTERPRISES, INC., Modification of Conditions, previously approved by City Council on February 23, 1999, and Conditional Use Permit, automobile repair establishment, southeast intersection of Princess Anne Road and South Plaza Trail. KEMPSVILLE DISTRICT MEETING DATE: February 9, 2010 ^ Background: The site consists of two parcels: Parcel A1, which is oriented to Princess Anne Road, and Parcel B1, which is north of Parcel Al and is oriented to South Plaza Trail. There is an existing 4,000 square foot convenience store with an automatic car wash, eight fueling islands (16 fueling positions), and a fuel canopy on Parcel A1. The applicant proposes an eight-bay motor vehicle service facility, a 3,600 square foot car care center, and a 2,100 square foot storage space for Parcel 61. This request also includes a slight modification to the existing car wash through the addition of an additional bay and the construction of more parking spaces. ^ Considerations: The design of the proposed structures are high quality and will be aesthetically pleasing, particularly for an auto-related use; the building design is reminiscent of the car care center at the southeast corner of Holland and Dam Neck Roads, which is owned and operated by the applicant. The exterior of the car wash addition will match the exterior of the existing convenience store on Parcel A1, which consists of brick, white vinyl siding, and architectural-grade roof shingles. The exterior building materials of the proposed car care center are depicted as reddish-brown brick with white brick accents, bronze aluminum storefront windows, and dark gray architectural-grade roof shingles. The service bays are not visible from either the multifamily dwellings to the east or the right-of-way to the west. The proposal is in keeping with the recommendations of the Comprehensive Plan for this type of suburban location and is compatible with land uses in the surrounding area. While there is a multifamily development adjacent to this site, an excellent buffer between the commercial and the residential is provided by the existing berm and landscaping, the additional Category IV landscaping to be installed with this proposal, and the orientation of the service bays away from the dwellings, as well as the distance between the dwellings and the proposed structures. The proffers ensure that the commercial site will be aesthetically pleasing and an asset to this corridor. Reed Enterprises, Inc. Page 2 of 4 ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions and as proffered: A re-subdivision plat shall be recorded to vacate the existing property line aind establish the new property line as depicted on the exhibit entitled, "Preliminary Layout Plan of Commercial Property at 4464 Princess Anne Road for Reed Enterprises, Inc.," prepared by Land Design and Development, Inc., dated October 10, 2009. 2. Tlhe design of the vehicular access to the parcel proposed for the motor vE;hicle parts and service shall be modified to adhere to the City's Public V~rorks Specifications and Standards. 3. T~~ ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel B1 shall be monument style and limited to eight feet in height. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused w,~y from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole mounted lighting shall be utilized on the southern/back half of the property. Only building mounted or fence mounted pack lights may be used. 5. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building mounted lighting fixtures, and the listing of laimp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 6. No outdoor vending machines and / or display of merchandise shall be allowed. 7. TF~e hours of operation for the business shall be limited to from 8:00 a.m. to 6:00 p.m. Monday through Friday; 8:00 a.m. to 5:00 p.m. on Saturday and closed on Sunday. 8. TFie dumpster onsite shall not be tipped between the hours of 9:00 p.m. ar~d 7:30 a.m. Reed Enterprises, Inc. Page 3 of 4 9. No vehicles shall be stored or parked after operating hours outside the building, on the southern/back half of the property. 10. No parts or materials shall be stacked or stored outside the building at any time. 11. The bay doors to the service area on the east side of the building shall remain closed and only used as a means of emergency ingress/egress. 12. Vehicular ingress/egress in and out of the service area of the building shall be via the bay doors on the west side of the building and all bay doors shall be closed whenever a pneumatic drill or similar tool is in use. 13. All stormwater generated onsite shall be filtered through an oil/water separator to be installed and maintained onsite prior to discharge into the stormwater management facility. 14. An eight foot, white vinyl, privacy fence shall be installed approximately six inches inside and along the rear (south) and east side property lines of Parcel B1 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel B1. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. IL- . ~~'~ ~'~^~ ~-y Reed Ente rises Inc. - ~~2, ~y ~~ ~,, . ~,< %,' 3 ~ ~ , Q~, , i ~ , " °~~, ,~ ;o~: ,~ ; o.~ ~ o~~.~o ooo. ~ , ~f~y 4~r-`~0 c`? CUP -Auto Repair - Adudi(ication o(Conditions 3&4 January 13, 2010 Public Hearing APPLICANT ~ PROPERTY OWNER: REED ENTERPRISES, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit and a Change of Zoning for a car wash, fuel sales and convenience store approved by the City Council on February 23, 1999. ADDRESS 1 DESCRIPTION: 4464 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14766017480(100 KEMPSVILLE 2.63 square feet Less than 65 d6 DNL 14766029570(100 SUMMARY OF REQUEST The site consi;:ts of two parcels: Parcel A1, which is oriented to Princess Anne Road, and Parcel B1, which is north of Parcel Al and is oriented to South Plaza Trail. There is an existing 4,000 square foot convenience store with an automatic car wash, eight fueling islands (16 fueling positions), and a fuel canopy on Parcel A1. The applicant proposes an eight-bay motor vehicle service facility, a 3,600 square foot car care center, and a 2,100 square foot storage space for Parcel 61. This request also includes a slight modification to the existing car wash through the addition of an additional bay and the construction of more parking spaces. A 15-foot wide landscape buffer is also depicted, which will be required to be planted with Category IV landscape material (mix of evergreen trees and shrubs). The exterior oi~ the car wash addition will match the exterior of the existing convenience store on Parcel A1, which comsists of brick, white vinyl siding, and architectural-grade roof shingles. The exterior building materials of the proposed car care center are depicted as reddish-brown brick with white brick accents, REED ENTERPRISES Agenda Items 3 & 4 Page 1 bronze aluminum storefront windows, and dark gray architectural-grade roof shingles. The service bays are not visible from either the multifamily dwellings to the east or the right-of-way to the west. Proffer and Use Permit History The Conditional Rezoning and the Conditional Use Permit permitting fuel sales, a car wash, and convenience store were approved by the City Council on February 23, 1999. The Conditional Rezoning has 12 proffers. The first proffer limits the size of the car wash facility and, thus, a modification to the proffer agreement and the approved site plan is necessary. Proffer 10 is also being modified since `service station' is listed as a use not to be allowed on what is now referred to as Parcel B1. The Conditional Use Permit has no conditions attached to the approval. The proffers of the 1999 Change of Zoning are as follows: 1. When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled, "REZONING AND PRELIMINARY SITE PLAN OF SOUTH PLAZA TRAIL TRACT FOR RML CORPORATION," prepared by John E. Sirine & Associates, Ltd., dated June 12, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the convenience store, canopy for the gasoline pumps, and the car wash depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled, "Gasoline Sales and Car Wash with Market of Princess Anne Trail Partners, Virginia Beach, Virginia," dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. 4. The building designated on the Site Plan as "Future Commercial" shall have an architectural design substantially similar to that of the convenience store depicted on the Elevation and shall utilize the same type and quality building materials specified in proffer number 5 below. Elevations and renderings shall be submitted to the Planning Director for review and approval prior to Site Plan approval for the "Future Commercial". 5. The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. 6. The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. 7. To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. REED ENTERPRISES Agenda Items 3 & 4 Page 2 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premi:~es and away from adjoining property. 9. Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be provided adjacent to the southern and eastern boundaries of the Property. 10. The u;~es which will not be permitted in the building designated "Future Commercial" are: a) Aut~~mobile service stations; b) Bullc storage yards and building contractors yards; c) Flee markets; d) Heliports and helistops; e) Mobile home sales; f) Storage garages. 11. The u;>es which will not be permitted in place of gasoline sales in conjunction with a convenience store and a car wash are: a) bulN; storage yards and building contractors yards; b) flea markets; c) motile home sales; d) storage garages. 12. 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 applic<~ble City code requirements. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Fuel pumps, car wash, convenience store, and an undeveloped vacant site SURROUNDI~~G LAND North: . Stormwater management pond, multifamily dwellings / A-12 USE AND ZONING: Apartment District South: . Princess Anne Road, single-family dwellings / R-7.5 Residential District East: . Multifamily dwellings / A-12 Apartment District West: South Plaza Trail • Mixed retail shopping center / B-2 Community Business District NATURAL RESOURCE AND The vacant undeveloped site is primarily a grassed area adjacent to CULTURAL FIEATURES: commercial and multifamily. There do not appear to be any significant environmental or cultural features on the site. REED ENTERPRISES Agenda Items 3 & 4 Page 3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a four-lane divided minor urban arterial. The MTP recommends a divided facility with bikeway within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service "F." South Plaza Trail is a four-lane divided minor suburban arterial. The MTP proposes a facility with a 90-foot wide right-of-way. Currently, this segment of roadway is functioning at a Level of Service "C" or better. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 38,421 ADT 14,800 ADT (Level of Road Service "C") - 27,400 ADT Existing Land Use z - (Level of Service "E") 6,511 ADT Proposed Land Use 3- 7,074 ADT South Plaza Trail 14,724 ADT ~ 28,200 ADT' (Level of Service "C") - 32,800 ADT (Level of Service "E") Average Daily Trips ' as defined by existing convenience store and 16 fueling positions s as defined b convenience store, 16 fuelin ositions, and auto arts and service WATER: Parcel Al is connected to City water; Parcel 61 must connect when developed. There is an eight- inch and a 12-inch City water line in South Plaza Trail and a 20-inch City water line along Princess Anne Road. SEWER: Parcel Al is connected to the system; Parcel B1 must connect to the sanitary sewer system. Analysis of Pump Station #543 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight-inch sanitary sewer gravity line which crosses through the property near the southern property line and a 16-inch City force main along Princess Anne Road and South Plaza Trail. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of these modifications, as conditioned and proffered below. Evaluation: The design of the proposed structures are high quality and will be aesthetically pleasing, particularly for an auto-related use; the building design is reminiscent of the car care center at the southeast corner of Holland and Dam Neck Roads, which is owned and operated by the applicant. The proposal is in keeping with the recommendations of the Comprehensive Plan for this type of suburban location and is REED ENTERPRISES Agenda Items 3 & 4 Page 4 compatible with land uses in the surrounding area. While there is a multifamily development adjacent to this site, an excellent buffer between the commercial and the residential is provided by the existing berm and landscaping, the additional Category IV landscaping to be installed with this proposal, and the orientation of the service bays away from the dwellings, as well as the distance between the dwellings and the propo:~ed structures. The proffers ensure that the commercial site will be aesthetically pleasing and an asset t~~ this corridor. CONDITIONS 1. A re-subdivision plat shall be recorded to vacate the existing property line and establish the new property line as depicted on the exhibit entitled, "Preliminary Layout Plan of Commercial Property at 4464 Princess Anne Road for Reed Enterprises, Inc.," prepared by Land Design and Development, Inc., d~~ted October 10, 2009. 2. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall be mo~~ified to adhere to the City's Public Works Specifications and Standards. 3. To en~;ure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel 61 shall be monument style and limited to eight feet in height. 4. All out~joor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole mounted lighting shall be utilized on the southern/back half of the property. Only building mounted or fence mounted pack lights may be used. 5. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building mounted lighting fixtures, and the listing ~~f lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parkincl area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 6. No outdoor vending machines and / or display of merchandise shall be allowed. 7. The hours of operation for the business shall be limited to from. 8:00 a.m. to 6:00 p.m.Monday through Friday; 8:00 a.m. to 5:00 p.m. on Saturday and closed on Sunday. 8. The du~mpster onsite shall not be tipped between the hours of 9:00 p.m. and 7:30 a.m. 9. No veriicles shall be stored or parked after operating hours outside the building, on the southern/back half of the property. 10. No parts or materials shall be stacked or stored outside the building at any time. 11. The bay doors to the service area on the east side of the building shall remain closed and only used as a means of emergency ingress/egress. REED ENTERPRISES Agenda Items 3 & 4 Page 5 12. Vehicular ingress/egress in and out of the service area of the building shall be via the bay doors on the west side of the building and all bay doors shall be closed whenever a pneumatic drill or similar tool is in use. 13. All stormwater generated onsite shall be filtered through an oillwater separator to be installed and maintained onsite prior to discharge into the stormwater management facility. 14. An eight foot, white vinyl, privacy fence shall be installed approximately six inches inside and along the rear (south) and east side property lines of Parcel B1 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel 61. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled, "PRELIMINARY LAYOUT PLAN OF COMMERCIAL PROPERTY AT 4464 PRINCESS ANNE ROAD FOR REED ENTERPRISES, INC.," prepared by prepared by Land Design and Development, Inc., dated October 10, 2009, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The exterior of the convenience store, canopy for the gasoline pumps, and the "carwash" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled, "Gasoline Sales and Car Wash with Market for Princess Anne Trail Partners, Virginia Beach, Virginia," dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). The exterior of the "2 story carwash bay" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled, "NEAL REED PROJECT - CARWASH ADDITION PRINCESS ANNE ROAD & SOUTH PLAZA TRAIL VIRGINIA BEACH, VIRGINIA," prepared by Neil E. Bristow Architect, dated 11-20-09, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Parcel Al Elevations). PROFFER 3: The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. PROFFER 4: The exterior of the building depicted on Parcel 61 and designated "3600 S.F. PARTS, TIRES & SERVICE" on the Site Plan, shall have an arch architectural design substantially similar in appearance to the elevations shown on the exhibit entitled, "NEAL REED PROJECT -AUTO SERVICE CENTER PRINCESS ANNE REED ENTERPRISES Agenda Items 3 & 4 Page 6 ROAD SOUI-H PLAZA TRAIL, VIRGINIA BEACH, VIRGINIA," prepared by Neil E. Bristow Architect, dated 11-20-09, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Deparl:ment of Planning (hereinafter "Parcel B1 Elevations). PROFFER 5: The primary tuilding material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. PROFFER 6: The "Dumpst~:r" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. PROFFER 7: To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and cauality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping ~rnd maintenance easement. PROFFER 8: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 9: Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. PROFFER 1(I: The following uses which will not be permitted on Parcel 61 as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile honne sales; e) storage garages. PROFFER 111: The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a car wash on Parcel Al are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 1;~: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 1998 Proffers. PROFFER 13: REED ENTERPRISES Agenda Items 3 & 4 Page 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 proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated December 7, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit 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 (OPTED) concepts and strategies as they pertain to this site. ~ ~:. ~ ~~_ -. `. ~: a ~• ~. s . h ~,; ..~.~~i. j t\,r ~C V 4 ~~. ~~sc-ae+(c~c) ~xv~ az.~o-t~~tc5c7 ~~ •s~se~ a~~ ~ ~^;~ ZDSSZ VINiJaNI 'N'N) w~rvu a tMPN gqt 39N i1Oi ~ aaz suns •~uan a less '~--~ '3!i! `]lJ~idQ'I~Q 4NY NJIS~Q tINY1 r~s lr%~a~'0i~avn~ranaaa ~- e=~ 'o s y~;~ ~5 ~: ~ S[k ~.r A fNt 71? ~1h k ~~ 115 ~~ 58 =~ ~ ~ ~ ~ ~~ .. ~ ~ ~ ~~~ ~= ~ ~~~ ~. ~~~~ -~tln ~ ,C~~ 'S'a't31 ~~,yid ~~ i"° `.. [~ rti >, a tt zd t i--, w z a ~> ~' q-.~' ~S` S,A~ ~! tt 000 ~~ ,- O W W m PROPOSED SITE PLAN REED ENTERPRISES Agenda Items 3 '& 4 .Page 9 i ~-""~ __ _. ~..r._..1.....-- ... .,..~..-ShCYIYlw3l3 ~ ..we.~ ~~.. •.~.w•, ~ wnz .ate. »$rww. f V ,. 3 WYllpnli C-0! ~" E •••.,•••~•_ ..._ v^,V!•dF C1 A Yfll'.+fFl I i II'r~' :~ 1Q3t1H~Ht/ MQiSINB '~ lt3t+1 t ~~.~v.e nw~ "=~srn~aa~~"ia: ~ `'~ d. ,.Q °- L_._.~ _ _ _."__ _ _ ,.__ ~' { i J,-{f ff~~ pp ~ t •, ~, _ i ~ a ~ a 1 ~ g ~ ,~~~ ~ ~~ tr L ,' ~~ - ~) i ~ I' ~ ~ ~ ~ I ~a ~G ~: ., ~~ ~!I ~, 1~ I p_ ~i ~j _~t_ I€. tt t { i ~~ 1 ~ ~[ i ~~ ~_ _ PROPOSED BUILDING ELEVATION REED ENTERPRISES Agenda .Items 3 &-4 Page 10 sr~x..vn~a ~`~"`" ate- ?-'~~ {- ~~ ~~'~ 1~31fN~btl MO15t!!9 3 ~3tJ ws~ia'~,r~r'-~'i"~i-.~ua,~'~ ~ '~ 1 °- y .~'~ ~. ~ r*h ': p~ j r ~ F t k ~ ~/ Y PROPOSED BUILDING ELEVATiO:N REED ENTERPRISES Agenda Items 3 & 4 Page 11 1 09/09/03 Amendment to the Land Use Plan Granted 06/23/98 Amendment to the Land Use Plan Granted 04/13/93 Amendment to the Land Use Plan Granted 2 02/23/99 Change of Zoning (R-7.5 to B-2) Granted 02/23/99 CUP fuel sales Granted 3 02/23/99 Change of Zoning (R-7.5 to A-12) Granted 05/22/88 Chan a of Zonin R-6 to B-2 Denied 4 03/12/96 CUP (communication tower) Granted 05/26/92 CUP church Granted 5 06/25/02 MOD of CUP (church expansion) Granted 02/01/00 MOD of CUP (church expansion) Granted 02/24/98 CUP (communication tower) Granted 10/28/97 MOD of CUP church ex ansion Granted ZONING HISTORY REED ENTERPRISES Agenda Items 3 & 4 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the' applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Reed Enterprises, Inc.: Neal Reed, PresidenUSecretary/Treasurer 2. List all,~usinesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See nt~xt page for footnotes Conditional Use Permd Application Page 9 0( 10 Revised 9/1/2004 ~---~ V ~--~ a w w z 0 A Z O V DISCLOSURE STATEMENT REED ENTERPRISES Agenda Items 3 & 4 Page 13 0 ~~ V_ ~~ O ~~~ 1~~ O V w O 0 V ~~ ~~~ O a DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Reed Enterprises, Inc.: Neal Reed, President/Secretary/Treasurer 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT REED ENTERPRISES Agenda Items 3 & 4 Page 14 O a Z O F--~ .--. O V w O Z O .._. ~--~ w A O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Reed Enterprises, Inc.: Neal Reed, President/Secretary/Treasurer 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 17 Revised 9!1/2004 DISCLOSURE STATEMENT REED ENTERPRISES Agenda Items 3 & 4 Page 15 DISCLOSURE STATEMENT O ~--~ cn O I--+ .-~ O V w O ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Land Design & Development, Inc. Neil Bristow, Architect Sykes, Bourdon, Ahern & Levy, P.C. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Reed Entergrisjs, I _ i1 ~,/ , gy. Neal Reed, President Applicant's Si~a re ~~ Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1!2004 O F~~1 ~_ ~~~ A O DISCLOSURE STATEMENT REED ENTERPRISES Agenda Items 3 8~ 4 Page 16 Item #3 & 4 Reed Enterprisers, Inc. Modification of Conditions Conditional Usf; Permit Southeast intersection of Princess Anne Road & S. Plaza Trail District 2 Kempsville January 13, 2010 REGULAR Al Henley: The next item is item 3 and 4, Reed Enterprises, Inc. An application of Reed Enterprises, Inc. for a Modification of Conditions previously approved by City Council on February 23, 19!I9 on property located at the southeast intersection of Princess Anne Road and South Plaza Trail. An application of Reed Enterprises, Inc. for a Conditional Use Permit for an automobile repair establishment on property located at the southeast intersection of Princess Anne Road and .South Plaza Trail. Eddie Bourdon: Thank you Mr. Secretary. For the record, I'm Eddie Bourdon, a Virginia Beach attorney represeYiting Mr. Reed. Let me take a second to congratulate Mr. Strange on your Chairmanship grid also welcome Mr. Felton. Thank you for serving the city as a valuable capacity. This a~~plication has a little bit of history in terms of the assemblage of properties that occurred back in the late `90s. This property was rezoned. The application was filed in August 1998 and rezone~J all of this property, which was an assemblage of a lot of parcels to create two B-2 commercial parcels and the A-12 condominium property, which is Princess Anne Square Condominiums. The gas station/C-store on Princess Anne Road was a known quantity at the time. This was rezoned, but this second 1'/z acre B-2 parcel was a future commercial parcel in terms of what wc-uld go on it. It is restricted by six things that can't go there. Fortunately, I think, for everyb~~dy, we had proffered elevations, but they were actually improved on when Neal Reed came in and bought this property. He was not involved in the application initially. And, Mr. Reed developed this C-store with gas pumps, which I think is one of the most attractive ones in the city, rind I think almost everyone could concur with that. We're not dealing with any bright colors or any bells or anything else. I think it is extremely attractive. At the time, he wasn't involved ~~vhen this was developed, which he developed, he didn't own the second parcel, which he later acquired. And, as you are all aware, Mr. Reed has a similar attractive facility at the corner of Darn Neck Road and Holland Road where he has a service center adjacent to his C- store with gas. Tliat service center does not do. It is not a heavy engine repair. It's not a body shop. All it deaf; with are batteries, tires, lubricants, state inspections, and changing of spark plugs. That is what they do. What used to be done back in service stations, back in 1973, when we adopted the teams that we use in our zoning ordinance, we don't see service stations anymore but that's what o<curred here. So, when Mr. Reed said can we come in, and do our service here, I took a look at tl~e proffers, and we need to change the proffers and get rid of the restrictions on service station. E~ecause back then we didn't want to have, the people who owned didn't want to have a service station adjacent to where we are going to develop their gas station before Mr. Reed bought that property. That is why that was in there. So, we said we were going to go back and modify the proffers and take out service station. Somehow or another, that sort of slipped by Item #3 & 4 Reed Enterprises, Inc. Page 2 everybody when we did the modified proffers, but everyone knows that is coming out. And we have to get a Use Permit for this use. That is why we are here. The original proffers required that the buildings be similar architectural style, and building materials. Again, you've seen the elevations of the all brick building. It is a beautiful building just like the one he has proposed today. So, this application involves one additional carwash bay matching the one that is there, and then this building here, which we had a very positive meeting. We should have met with the Princess Anne Square Condo Association earlier, and that is my fault that didn't occur. It was some lack of understanding information, which is understandable. But we met with them on Monday night, and had a very good meeting. I neglected to mention that when we did the entire project rezoning, we left open space adjacent to the commercial parcels, if you go back to the original. Actually, the aerial is even better. What was done was that the open space buffers between the commercial and the residential back when this was originally rezoned. It was all done at one time. We met on Monday night. We came up with a number of additional conditions, which were all part of the way Mr. Reed operates dealing with hours of operation, dealing with no storage of vehicle parking after hours on this area on the southern end of the property. There will be no pole lighting on this side of the property at all. It will just be building-mounted packs or fence-mounted packs. We're going to put up an eight foot privacy fence on the section of the property. We're going to put additional evergreen trees on the condominium associations' open space area here and along the edge of the shared BMP, which is a BMP used by these commercial parcels, and the condo association has paid for jointly based on the amount of impervious cover. You got a staff recommendation of approval with what I believe are 14 conditions on the Use Permit. There are 11 proffers as well. It is very restricted. What you see is what you get in every way, shape and or form. Understand that this property could be developed today as a by-right fashion, as long as the building looks nice in terms of brick and architecture, as a fast food restaurant, restaurant with alcohol sales, or a strip center with a restaurant and a number of uses. No restrictions on hours, 15 feet from the property line. This building is over 100 feet back from the nearest condominium unit in the condominium. There is no change in access. All the turn lanes were put in when this was originally rezoned. Access doesn't change in any way, shape or form. And it is partly a traffic generator. It is really a lower traffic generating use than if we put some of the by-right uses that could be put on the property today. I think that in almost every way this is a positive. I know some of the folks in the area have some concerns, but I do believe we have addressed most of their concerns in a positive manner given the knowledge that now exists with regard to what can be done on this property by-right, and the way that Mr. Reed operates his facilities, which encompasses within a lot of those conditions. Carolyn Smith mentioned this morning one thing also that I want to mention because I think a lot of the folks in the area have gone and looked at the site on Holland Road and Dam Neck Road. This is roughly one-half the size of that facility. That facility has 12 bays. This has 8 bays. We have also agreed, which are in the plans that we passed out this morning, we've moved the storage space to the rear of the building, and moved the service bays up towards the front to increase the distance between the nearest residential unit, and the service area. You've got all the conditions about keeping the doors closed. All of them being closed when there are any pneumatic drills being used to take the bolts off of tires. I'll be happy to answer any questions. I know you have a long agenda. If anyone has any, I'll be glad to answer. Item #3 & 4 Reed Enterpriser, Inc. Page 3 Joseph Strange: Okay Eddie. Eddie Bourdon: Thank you very much. Al Henley: Okay, we have one speaker in opposition. David Hicks. David Hicks: I'm David Hicks. I'm the President and a resident of Princess Anne Square. I just want this to go on record because after meeting with Mr. Bourdon and Mr. Reed, we got a better feeling. I know :you all got some emails, some pretty heated emails, but we were going by the facts that we had at the time. I think Mr. Bourdon said that if we would have met earlier, I probably wouldn't be standing up here. So, I just want to go for the record. The answer to preventing, yet another fast food restaurant or strip mall from being built, and with stipulation conditions in place, the community voices their displeasure of this proposal, but gives cautious support and accepts the proposal of Mr. Reed's Conditional Use Permit. So, I just wanted that for record. Thank you. Janice Anderson:: Mr. Hicks? David Hicks: I'rn sorry. Janice Anderson: I'm sorry, I have a question. Did you get the revised conditions? David Hicks: Yeas. I got them the next day. Mr. Bourdon sent them to me. He and Mr. Reed have both been very cooperative. Like I said, all we saw was an orange sign out there saying they are going to build an auto repair shop. Our first reaction, of course, as you can tell by some of our emails, was I~reheated. We were upset about it. Janice Anderson: Okay. David Hicks: Ye:~ sir. Henry Livas: You've also agreed they have taken the precautions to cut down on the noise also; so, that is not a problem. David Hicks: Ye:~. Yes. We went over and it is in the conditions and stipulations that were presented to you all. Janice Anderson: Great. Thank you very much. Joseph Strange: Eddie. Eddie Bourdon: I'll just echo what Mr. Hicks said. It is a totally "my bad" and we should have met with them before any of this came about. They are very gracious to host us. We were there for two hours. V6'e had very, very good discussion. There was a good turnout. I think they had 7 or 8 board members there. I think everyone, at least those at that meeting, were comfortable. Item #3 & 4 Reed Enterprises, Inc. Page 4 These folks are neighbors. Mr. Reed he is a good operator, and he wants this to be a plus for his own investment, his own property as well. There were a couple of other things that were discussed that I think helped everybody in terms of the BMP, and how the costs are being shared. I think there was a lack of communication with the management company in terms of Mr. Reed not being billed enough money. A lot of pluses, I think came out of all of that meeting. I appreciate them letting us in at the eleventh hour. That shouldn't have happened. We should have been out there sooner. Thank you. Henry Livas: One other question. We're approving the modification to the 1999 or 1998 action by the City Council? Eddie Bourdon: Mr. Livas, the proffered agreement, which is spelled out in the amended "where as", it's the third whereas, it was dated August 1998. It wasn't approved until February 1999, but the proffers as I have described them are the 1998 proffers, because that is when they were dated and that is when they were signed. They were not recorded until after the rezoning was approved by City Council, which was in 1999. I have characterized them in the agreement itself. So, you all just see in your write-up what the proffers are, but in the full document there is a lengthy description of the history, and in the third "whereas" of the proffers, covenants or restrictions, it refers to them as being dated, I believe, August 28, 1998, and where they are recorded in the Clerk's office, deed book and page number. In parentheses, I characterized them as the 1998 proffers. That term is one that we create in the document itself. It is fully spelled out in the document. I think 1998 is correct. The technical rezoning occurred in 1999, but it is still a 1998 proffer agreement. Henry Livas: Okay. Joseph Strange: Are there any other questions? We'll open it up among discussion with the Commissioners. Are there any comments? David Redmond: I just, for myself, if the building architecture and elevations and design, they are similar to what we see at Holland and Dam Neck Road, then I think it is going to be, as far as auto repair facilities go, it is going to be first rate. And, I think that is a very clean and a very appropriate building for these uses. I'll be happy to support it. Joseph Strange: Is there any other discussion? I think this is an example of when you take a delicate piece of property and you have a good applicant that comes in, and works with the community, and puts together a first class product, even in the most delicate situations, it can work out. I'm in support of this application personally. I'm looking for a motion. Henry Livas; I move that we approve the Conditional Use Permit, Modification of Conditions which was previously approved by Council in 1998. David Redmond: Second. Joseph Strange: A motion is made by Henry Livas and seconded by David Redmond. Item #3 & 4 Reed Enterprise:;, Inc. Page 5 Jay Bernal: Do eve have to note how proffer 10 was changed, and the 14 conditions in the motion? Bill Macali: Yoi.~r recommendation will be just that the listing of service station be deleted from that proffer, and then they will go ahead and make those amendments so when it comes to City Council the proffer will not mention service stations as a disallowed use. Joseph Strange: ][ think Jay wanted to note also that there are now 14 conditions rather than the original conditions. Eddie? Eddie Bourdon: All 14 conditions that were passed out this morning are acceptable. We have already provided the City Attorney's Office and staff with the revised proffers deleting service stations. They received it yesterday. We found out about that error. Joseph Strange: `JVe're ready for the vote. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By ;a vote of 11-0, the Board has approved the applications of Reed Enterprises Inc., with the proffers as modified. ---- e o n r ~~ i = 'yy ~~ q~ 9 S J OF OUR NPt~ON In Reply Refer To Our File No. DF-7602 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: January 26, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Reed Enterprises, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 9, 2010. I have reviewed the subject proffer agreement, dated December 28, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen / r FIRS'C AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS REEL- ENTERPRISES, INC., a Maryland corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY ~OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT made this 28th day of December, 2009, by and between REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 2.63 Acres which are more particularly described as Parcels i and 2 in Exhibit `:a" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated August 26, X998 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4040, at Page 2047 (hereinafter "i998 Proffers"}, to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1476-6o-i748 1476-60-2957 aREPaReo sv: Prepared By & Return To: R Edward Bourdon, Jr., Esquire .: SY3CfS. BOIJRDflN. Sykes, Bourdon, Ahern & Levy, P.C. d~ f~IIi:RN $~ LEVY, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Properties are developed and redeveloped, in order to achieve a PREPARED BY: SYK£S. Bt~URDON, ~~ RlI~~2N ~ LEVY. P.C. coordinated design they shall be developed and landscaped substantially as shown on the exhibited entitled "PRELIMINARY LAYOUT PLAN OF COMMERCIAL PROPERTY AT 4464 PRINCESS ANNE ROAD FOR REED ENTERPRISES, INC.", prepared by Land Design and Development, Inc., dated io/off/og, which has been exhibited to iiie Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the convenience store, canopy for the gasoline dumps, and the "carwash" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for 2 Princess Anne Trail Partners, Virginia Beach, Virginia", dated December io, iy98, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The exterior of the "2 story carwash bay" depicted an the Site Plan :hall be substantially similar in appearance to the elevations shown on the exhibit entitlE~d "NEAL REED PROJECT - CARWASH ADDITION PRINCESS ANNE ROAD & SOUTH PLAZA TRAIL VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect, dated 1i-20-oy, which have been exhibited to the Virginia Beach City Council and i:> on file with the Virginia Beach Department of Planning (hereinafter "Parcel Ai Elevations"). 3. The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. 4. The exterior of the building depicted on Parcel Bi and designated " 36co S.F. PARTS, TIRES- & SERVICE" on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled "NEAL REED PROJECT -AUTO SERVICE CENTER PRINCESS ANNE ROAD & SOUTH PLAZA TRAII. VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect. dated 12- i6-oy, which have been exhibited to the Virginia Beach City Council and are nn file with the Virginia Beach Department of Planning (hereinafter "Parcel Bi Elevations"). 5. The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. 6. The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. ~. To create a unified landscape design and appearance, the Grantor will. plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintE~nance easement. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to PREPARED BY: direct :light down onto the premises and away from adjoining property. Q : SYK~S. BOURIlON. -:~'~ AutRN & Lam. P.C. y. Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping,. Screening 3 and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. io. The following uses will not be permitted on Parcel Bi as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. li. The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel Ai are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. 12. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 1998 Proffers. i3. Further conditions maybe 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 Grantor further covenants and agrees that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is PREPARED BY: Q~3 SYK~S, ~OURDflN. part of a comprehensive implementation of a new or substantially revised Coning f1t1CRN & LEVY. P.C. 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 4 Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Proi~erty at the time of recordation of such instrument, provided that said instrument is con:~ented 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 GraYrtee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, 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 Zoning Administrator of the City of Virginia Beach, Virginia, shall be vestf~d 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 constiti.lte cause to deny the issuance of any of the required building or occupancy permits as niay be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to in;;tituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existE~nce 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 thf~ Zoning Administrator and in the Planning Department, and they shall be recorded in thE~ Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in thE~ names of the Grantor and the Grantee. PREPARED BY: Q : SYK£S. $OURDON, d~ AI~£RN & LEVY, P.C. 5 WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Maryland corporation 'v ~ By: _(~ EAL) ed, Presi t PREPARED BY: Q : SYIC£S. ~O~IRDON. ~ f~1£RN ~ L£-VY. P.C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 28th day of December, 2009, by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. ~, ~~ --. J ; ~ ~~ Notary Public _~4 My Commission Expires: August 3i, 2oio Notary Registration No.: 192628 6 EXHIBIT "A" PARCEL is ALL THAT certain lot, piece or parcel of land, designated and described as "PARCEL A" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEIN~J A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROV'-~N'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF C. H. & B. ASSOCIATES (D.B. 1626, P. 12) (M.B. 44, P. u), VIRGINIA BEACH, VIRGINIA, SCALE i" _ ioo FEET", dated December io, 1999, and revised March 30, 2000, and made by John E. Sirine and Associates, LTD., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 287, at Page 6 and 7. GPIN. 1476-60-1748 PARCEL 2: ALL THAT certain lot, piece or parcel of land, designated and described as "PAF~CEL B" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEIN(J A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROV~JN'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF CIS ,& B ASSOI~IATES (D.B.1626, P. 12) (M.B. 44, P.11), VIRGINIA BEACH, VIRGINIA, SCALE: 1" _ loo F]EET", dated December lo, 1999 and revised March 30, 2000, made by John E. Sirine and A:~sociates, Ltd., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Cil°cuit Court of the City of Virginia Beach, Virginia, in Map Book 287, at Pages 6 and 7. GPIN: 1476-60-2957 ModificationtoProffers/Reed Enterprises/PrincessAnneRd_S.Plaza/Proffer3_Clean Revised :12-z8-o9 PREPARED BY' Q : SYK~S. SflURDflN. d~ ~FRN ~ LEVY. P.C. 7 Cti:f#T[5 POR}'a8NOF POGN3TH`T~S CWB Iq+O. A$ SFlpN1 ON CfIY Gf 1M~4+. 8EIK5i CY114+05t7[ wws. Tc ~ aosm (aa,au.> sn r?~s.~i u.3 (N6P.?. k 4i8Si R 6flA4F,t i8tl! E785T5 WIRtN il{E aU qfi; XSPlfA.T PR~FT (N0.5 IW'F'Di(. ~r Na~at a' PngrE; x i S'BENOU4 tC' R/Y ... GfD.(YA. J'3 P. 51) HL1Y QR t0'tl6ALY .9#t ££. YI~~•T1C Jt, M1 11lIfAY IE1P, t~OS6 : AaAn & ROBERTSON Oivt 23sJ-87.3153 I.N.28tH8;SFyptat278 N[AC {Ji CO;y aonN 7: wtaaw • WODr ~. STittAOS A PAtrCE~ A ,~'' tt% Z3: P. li9 .+'" .. N.:K49'ku.9:?JC96>df$15 v~+v~.?-ai-sssa sv 4, ~y Y. ~p'~ fit fORYEW,Y ~N1KF}.. _ b ~l~,/ BOWET.4 BFERIi L.tCiy' S 13'22' E ~~/ Rr}F500 t 9P w5xac mtr a YET lYkl£ ~ E av fo' R/R ' '~ ~ *~ ~ ~_ ;~ `~ a 4 r r eAanr S ~ \ awe:2JS'-3' ~ ~ r7 ~\ V Cu. i?05 •B s~4`it i."' w r ar €axuEx r PM(t) : N ~ : 3+t T017' W a t BttBIE'Y a mi t ti ((``'~~~ ty~. s twca_s3~-pasta +ti''~,~ Y®, y3 S 10 ~ D8. 7t35 P. 25A ' /~ ,/'''~~ P" NL~s'r'R 6Q'+W~.NCY n :~s' r 8uo4 T C ~7{^ r , I.N.2tXt1Ct81104CG;,8.«aiT 6.8, •7t3 P. S35t(pb{) .t R~PERIT 9F ~p ~ ~9i 9 tt ,~ is G '45 p f 4 '~ ~n~ vista isr.Nts s ~~ ~~~~ ' 8~ ~'3 s ~0 «~` , rx1 ;~ r a a ROM rnr~s ~us9-N,~ratco AREA, LCC3 Tk'A4 QF RjR MAS ~ O[CN 'x'~+ t f; DROY f7!'1' Ot' 1 H1+dWd 8C aG1i CL11W5iTE WiP't .~+ k` pip ~Niy3 ~ •aU ~ ~ t~ 3~ e NUW Ort rcr~?A~w r `'~,~'' a B. 7iRiH iA1~,r PNlAERS, ~P. N,p. 3T P, iy 1111. Mi5 P. H' PRKY~ERTY ~P Ratrtr B. BRNi+r ~- ~: ~ ~. rNlf~fRi~1 ~rMi ~M;N~ I~ViW ~ `i `~ ~ ~ L P Po OfER'R' E>F `~ ~ ~` ikAt lAf PJIWFW.Y .'rg 1 ../" ~7J. . ~ // ~~ 1R ~.. ~. ~ GPac6- dY. , r - ~.+^' f)J1.. 38NS P. 783 0,8, 1705 P. T8 ~~ 1 J984 ' ' ' 3s' S'8~S = 1M8itpA dEkGi, DIV. ypE ~ ~ N 69 24 t4 E arz.~ <' e ~ ~ +§ o~-eY'60' E ir4' `1~' y s 4.''.R1:'1'.~ ape ,E'pTEyp@$ ?7. 3~tX17 G . ' ~ f , t :9 f• qwt S 4 'i~1~"' u Q '1 SLFr•. R fC. 7088 ~ ~ ~ ~ ~ b .'~' a ... _. _ r~, ~ ~ C Y.[s 53 P. S3 l 'T5i .r ..F .T .. ~ *~ . . ~ j `~` a~ ~ ~ , ~f ~ ~ SURVEY OF AREA TO BE CLOSED BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 5 ' X, (N s~ t'. ~~ 4~.~ „•:~ t~~~,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving the application of Bonney G. Bright, for the closure of the unimproved southernmost portion of Pocahontas Club Road. DISTRICT 7 - PRINCESS ANNE MEETING DATE: February 9, 2010 ^ Background: The applicant, Bonney G. Bright, requests the discontinuance, closure, and abandonment of the unimproved southernmost portion Pocahontas Club Road which abuts the southeastern portion of his property. It is the applicant's intent to incorporate the closed portion of the right-of-way into his adjoining property, which is under consideration under a separate Use Permit request for an expansion of the applicant's existing borrow pit. ^ Considerations: The Viewers appointed by the City Council to review street closures determined that the request to discontinue, close, and abandon this unimproved section of Pocahontas Club Road right-of-way, is acceptable. The Viewers determined there would be no detriment or inconvenience to the public by approving the request. It is the applicant's intent to incorporate the closed portion of the right-of- way into the applicant's adjacent property, which is located on both sides of the area proposed for closure. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be Bonney G. Brighl Page 2 of 3 submitted and approved for recordation prior to final street closure aE~proval. 3. Tlie applicant shall provide a cul-de-sac on his property to accommodate vE:hicles traveling the roadway. 4. Tl~e applicant shall verify that no private utilities exist within the right-of- w,ey proposed for closure. Preliminary comments from the utility cc-mpanies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Cliosure of the right-of-way shall be contingent upon compliance with the at~ove stated conditions within 365 days of approval by City Council. tf the conditions noted above are not accomplished and the final plat is not a~~proved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ^ Attachments: Staff Review Disclosure Statement Location IVlap Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department I City Manage S ~ C~UY~ 'V 1 ORDINANCE APPROVING APPLICATION OF 2 BONNEY G. BRIGHT, FOR THE CLOSURE OF THE 3 UNIMPROVED SOUTHERNMOST PORTION OF 4 POCAHONTAS CLUB ROAD 5 6 WHEREAS, Bonney G. Bright (the "Applicant") applied to the Council of 7 the City of Virginia Beach, Virginia, to have the hereinafter described street 8 discontinued, closed, and vacated; and 9 10 WHEREAS, it is the judgment of the Council that said street be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) yearfrom City Council's adoption of this Ordinance; 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 15 Virginia Beach, Virginia: 16 17 SECTION I 18 19 That the hereinafter described street be discontinued, closed and vacated, 20 subject to certain conditions being met on or before one (1) year from City Council's 21 adoption of this ordinance: 22 23 All that certain piece or parcel of land situate, lying and being 24 in the City of Virginia Beach, Virginia, designated and 25 described as "PORTION OF POCAHONTAS CLUB ROAD, 26 AS SHOWN ON CITY OF VIRGINIA BEACH COMPOSITE 27 MAPS, TO BE CLOSED. (71,859.5 SQ. FT./1.650 AC.)", 28 shown as the cross-hatched area on that certain plat 29 entitled: "STREET CLOSURE PLAT FOR PORTION OF 30 POCAHONTAS CLUB ROAD CROSSING PROPERTY OF 31 BONNEY G. BRIGHT D.B. 1705 P. 19 VIRGINIA BEACH, 32 VIRGINIA", Scale: 1"=200', dated September 27, 2007 and 33 revised through September 10, 2009, prepared by Gallup 34 Surveyors & Engineers, Ltd., a copy of which is attached 35 hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 43 GPIN: 2317-80-1537, 2316-89-6801, 2317-80-8675 and 2317-80-9169 i 44 1. The City Attorney's Office will make the final determination 45 regarding owrnership of the underlying fee. The purchase price to be paid to the City 46 shall be deterrnined according to the "Policy Regarding Purchase of City's Interest in 47 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 48 are available iri the Planning Department. 49 50 2. The applicant shall resubdivide the property and vacate internal lot 51 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 52 must be submitted and approved for recordation prior to final street closure approval. 53 54 3. A cul-de-sac or other City approved turn-around configuration 55 suitable for tra:~h collection and emergency service vehicles must be constructed by the 56 applicant at they new end of Pocahontas Club Road public right-of-way. Said cul-de-sac 57 or other City approved turn-around configuration shall be dedicated to the City. 58 59 60 4. The applicant shall verify that no private utilities exist within the 61 right-of-way proposed for closure. Preliminary comments from the utility companies 62 indicate that there are no private utilities within the right-of-way proposed for closure. If 63 private utilities do exist, the applicant shall provide easements satisfactory to the utility 64 companies. 65 66 5.. Closure of the right-of-way shall be contingent upon compliance 67 with the above stated conditions within one (1) year of approval by City Council. If all 68 conditions noted above are not in compliance and the final plat is not approved within 69 one (1) year e~f the City Council vote to close the right-of-way, this approval will be 70 considered null and void. 71 72 SECTION III 73 74 1. If the preceding conditions are not fulfilled on or before February 8, 75 2011, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before February 8, 2011, the date of 79 final closure is 'the date the street closure ordinance is recorded by the City Attorney. 80 81 3, In the event the City of Virginia Beach has any interest in the 82 underlying fee, the City Manager or his designee is authorized to execute whatever 83 documents, if any, that may be requested to convey such interest, provided said 84 documents are approved by the City Attorney's Office. a 85 86 87 88 89 90 91 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and BONNEY G. BRIGHT, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2010. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11018 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D021\P006\00039854.DOC R-1 January 21, 2010 APPRO~/ED AS TO ~O Plannind Q$partment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 EXHIBIT "A" DENOTES PORTION OF POCAHONTAS CLUB ROAD, I AS SHOWN ON CITY OF VIRGINIA BEACH COMPOSITE MAPS, 70 BE CLOSI:O. (71,659.5 S0. Fi./1.650 AC.) . I NOW OR FORMERLY JOHN F. MACRON k MOODY E. STALLINGS, JR. / PARCEL A / I M.B. 2}2 P. 55 I.N.20090880000979}20 / GPIN: 2317-81-9164 (NOTE: A DIRT k GRAVEL DRIVE E%1575 WITi1N THE 40' R/W, ~~ ~ ASPHALT PAVEMENT ENDS IAPPRO%. ~ / ' 380' NORTH OF PARCEL A.) NOW OR FORMERLY 5 31'21'31" W PIPE(f) BONNET G. BRIGHT 14.82' = PIN(f) PIN(I) ~ `" ,T$ GPIN: 2317-80-9169 PIPE(I) 1 PIN(a) pry.~~~~ IN f) +.°9 1 •NOW OR FORMERLY '0 4,~' LN.2 009 081 4000 9 5 91 40 -"~ITA1G QNB ~~ PIN(() S ~', M}O BONNET G. BRIGHT a• or'rJy D.B. 4213 P. 1284(plal) ~ Z PREVIOUS 10' R/W PIN(( GPIN: 2317-80-8675 ~ $ ~ X60' t.~ DED.(M.B. 232 P. 55) ~ D. N(a) OS P. 19 \ ono ~ 9 E a.~ J 1 C T3yg,08~N aJ/' PI s / 12.79' I 2BA~ NOW OR FORMERLY ``qq~ ~` S 10'13'22" E PIN(s) MOODY E. STALLINGS, JR., A. MILLIAM REID, 3r L=105.46' S JOHN F. MACRON, & 11MOTHY B. ROBERTSON'S ~ `~° R:115.00' GPIN: 2317-82-1152 / OF E%ISTING DIRT k I.N.200403180044239 / GRAVEL DRIVE >• ~ OF 30' R/W 4. . ~ ~ ~ ~/ NOW OR FORMERLY BONNET G. BRIGHT GPM: 2317-72-3259 M.B. 91 P. 19 D.B. 3635 P. 259 ~~ ~Jr ~ ~ PROPERTY OF O BONNET G. BRIGHT Cy GPIN; 2317-80-1537 ~ O.B. 1705 P. 19 \ 55.151 ACRES (ExCLUDiNG R/W CLOSURE ARFA) \ N 54'17'00" W 4' V. ~- 15.03' 2 \` m W M.B. 57 P. 53 r'ro~~ ~ :.\~ 0o Z ~ ~ i PIN(s) ~m $• PIN(s) y' R` 2 sSia, ~. s NOW OR FORMERLY $, \ PI J. W SMITH FAMILY PARTNERS, LP. F, \ GPIN: 2317-60-3371 M.B. 57 P. 53 D.B. 3615 P. 847 PROPERTY OF I BONNET G. BRIGNT ro GPIN: 2316-69-8832 D.B. 2412 P. 1070 p. 13.469 ACRES I STREET CLOSURE PLAT °~ °~Nca) t' '' FOR PORTION OF ~ 'tJ : POCAHONTAS CLUB ROAD J, . c, 2 ?~ d; s • ''~~ ~~ O r0. O. ! CROSSING PROPERTY OF $ 7, 'O ~1^ S o ° BONNET G. BRIGHT , o o JP~(() ~' D.B. 1705 P. 19 179.60' . ' VIRGINIA BEACH, VIRGINIA pLTN 0 Q. p N 69'29'49" E 58.19' ' " ' " ' ~ { nn W N (ID d5 SCALE:1 = 200 SEPTEMBER 27, 2007 REV : SEPTEMBER 10 2009 O ~ ~ PIN f P AMNE ROAD (BB' R/~ . , , ~ BRUCE .P1• LUP ~ 1Y N L M.B. S7 P. 53 GALLUP V o. 0322 ~ h '`~ ~ SUR EYORS k ENGINEERS, LN. 9 .~ ~ \ V1RG~ IAFIBEACHO VOIRGINIA 23154 SSfONAL ~ (757)428-8172 I G:\07-44-ibdy.dWg ' 3 h, h ~N i NOW OR FORMERLY s1 ~- BESSIE B. BELL Y GPIN: 2316-69-1683 D.B. 2835 P. 387 41.24' PIN(( J'S3'00" E ~ A-719•j7 52.44' 1 g '59'35' E Rz11~1D ~p (() N.C. IITE• 44R P ~d ~f. 77 ~o 56 N~ SIB Iz '2 PROPERTY OF BONNET G. BRIGHT IPE(f) GPIN: 2316-89-6801 s O.B. 1705 P. 19 ' fi.844 ACRES nl i o 4c Z J~ ~~jP .P Y4, . $ ~ ~~ o~ ~, ~o~m , 4J ~' E~~~ 'Sb p~~. S F1 d~ J, PIN(a) J` f~~$ PIN(S) Y NO V151BLE EVIDENCE OF ROAD WITHIN CROSS-HATCHED AREA. LOCATION OF R/W HAS BEEN SCALED FROM CITY OF VIRGINIA REACH COMPSITE MAPS "A~' '-'~'-' Bonne' G. Bright A~2, Pu w G2 ~-.. _ Ic ~ I G2 dln Rtlr_ •,. AG`2 ~ ~ .<>z~, .~ o,; d>,.. ~., p G1, .._ _ A-G2;~~ l __ ,•' ia~---:1~ Pi _ t - _ / AG i cz AG1 ~ _.~~ -"" - / ~ ~' ~ i AG1 i ~ G ~. rest Closure VIR 14-STAY LINE y~o ,,, f}TH CAROLINA STATE INE 4. CUP for Bonow P!t -Expansion of Exlsdng Bonow Pit Street Closure - Portion of Pocahontas Club Rd. 17 January 13, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: BONNEY G. BRIGHT STAFF PLANNER: Faith Christie REQUEST: Discontinuance, closure and abandonment of an unimproved portion Pocahontas Club Road ADDRESS /DESCRIPTION: The roadway is located along the southeastern side of the of the applicant's property, at the southern most terminus of Pocahontas Club Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to 2317801537 Princess Anne 69,955.7 square feet, Less than 65 d6 DNL and 2316896801 or 1.606 acres SUMMARY OF REQUEST The applicant requests discontinuance, closure and abandonment of an unimproved portion Pocahontas Club Road which abuts the southeastern portion of his property. It is the applicant's intent to incorporate the closed portion of the right-of-way into his adjoining property. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unimproved right-of-way BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 1 SURROUNDING LAND North: Cultivated farm fields / AG-2 Agricultural USE AND ZONING: South: Cultivated farm fields /Abandoned single-family dwelling / AG-2 Agricultural East: A hunt club / AG-2 Agricultural West: Cultivated farm fields / AG-2 Agricultural NATURAL RESOURCE AND The property is located on the narrowest portion of the Pungo Ridge. CULTURAL FEATURES: Typical land surface elevations are approximately eight feet above mean-sea level. There are no significant natural resources or cultural features associated with the roadway. IMPACT ON CITY SERVICES There is no impact to City Services with regard to this right-of--way. PRIVATE Ul'ILITES: Private utilities are not impacted by this request. Recommenclation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers reviewed the request to discontinue, close, and abandon the unimproved section of Pocahontas (club Road right-of-way, and found there would be no detriment to the public by approving the request. It is the applicant's intent to incorporate the closed portion of the right-of-way into the surrounding property. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The F~urchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of they policy are available in the Planning Department. 2. The ~ipplicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street: closure approval. BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 2 3. The applicant shall provide a cul-de-sac on his property to accommodate vehicles traveling the roadway. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by Ciry Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 3 . `' ,., ~; }r.~.~~. ~, ~".~~~~'~[ '' ~~.!r Mme. .{', L'~ _ ~. t. (~, ~ Z r r '~ ~ ~1 "` , ' ~ ' ,~ o ' .-~. ~~ K .. ~ . . pq ~.. : ~f ~ f • l ~~ ~ t t . ~ r J r "r S r ' 4 ~ ~• ` t ~J ~ ~ i `~ r ~ L~a ~ ~ ',~ ~~ ~ ~ ~,~_~,~ ~< ~ 3 , .~ ~ ~t (~ r,~ w. __ ``J~` ,,,~,Y "fr. i„~~.~ _' ~~ ;. it ~ a * '~'•~ i ~~ { 1~ 1 ~• i .. ~_ yr' `ski _~ ~ ! ~ 'i~..e.. ~~.: ~.i\ ~ ~ tl" LI J1l~u`.a ~ 6 ~"~' 1~ ~Jrr / • +r n. ~ ,b~G Y, t~ F f ' ~Y~" ~~ Vim` ~ '~` ~•' ~ ~~'~I 3 , +. ~ ~ ,f ~ ~ . '4'a wr. ar ~ ~ ~ ~ ~ O'ff' `~ r' +i.~-wG'. ~»,yg ~" x L'~ ~ 'i-#u~ .~ y '~C ~' ; "~ AERIAL OF SITE LOCATION BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 4 z 0 V a O a U w DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: {Attach list if necessary) Bonney G. Bright 2. List all businesses that have aparent-subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) I I X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) I I 2. List all businesses that have aparent-subsidiary) or affiliated business entity2 I relationship with the applicant: (Attach list if necessary) ~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. j ~, & See next page for footnotes Street Closure Application Page 12 of 13 Rewseo 5r1~2004 BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 6 DISCLc~SURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wi-I provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, .financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Gallup Surveyors 8 Engineers, Ltd. 7 "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 `~f~ffiliated 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 E~ct, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. -~=---~ cr~~~.~ Bonney G. Bright Applicant's/F~ioperty Owner's Signat re Print Name Property Owner's Signature (if different than applicant) Print Name Street Closure Application Page 13 of 73 P.evised 9!112004 z 0 V a a~ ¢5 O a U N w H BONNEY G. BRIGHT -STREET CLOSURE Agenda Item 17 Page 7 Item #17 & 18 Bonney G. Bright Discontinuance, closure & abandonment of the unimproved southern extremity of Pocahontas Club Road Conditional Use Permit East side of Princess Anne Road District 7 Princess Anne January 13, 2010 CONSENT Jay Bernas: The matters on the agenda are agenda items 17 and 18. An application of Bonney G. Bright for a discontinuance, closure and abandonment of the unimproved southern extremity of Pocahontas Club Road and an application of Bonney G. Bright for a Conditional Use Permit for a borrow pit on property located on the east side of Princess Anne Road, south to the intersection with Pocahontas Club Road, District 7, Princess Anne. Eddie Bourdon: Thank you Mr. Bernas. For the record, Mr. Chairman and members of the Commission, my name is Eddie Bourdon, a Virginia Beach attorney representing Mr. Bright, who is here this afternoon. We appreciate very much the Commission placing this on the consent agenda. I want to thank Faith Christie with the staff, as well as representatives from Public Utilities Department, with whom we spent a lot of time working through these conditions. I think they are very, very thorough conditions on this request. Thank you. Jay Bernas: Thank you. Is there any opposition to these matters being placed on the consent agenda? Hearing none, the Chairman has asked don Horsley to review these items. Donald Horsley: Okay. Items 17 & 18, and we will take them together. The first item 17 is for a request for a discontinuance, closure and abandonment of an unimproved section of Pocahontas Club Road. This section, like I said, is unimproved, and Mr. Bright's property encompasses the road on both sides. The viewers saw no problem with the closure of this road; so, they were in favor of it. The second part of the application is the Use Permit for the expansion to the excavation area of the existing pit, and for a new pit to be located on the southern portion of the site. The areas of expansion total approximately 87 acres. Excavation has been ongoing on this site since the `70s. A Conditional Use Permit fora 23 acre borrow pit subject to 11 conditions was approved on the subject site in 1989. In 2000, Council approved an expansion for the operation subject to 16 conditions. Condition 7 of the Use Permit requires renewal of the Conditional Use Permit after a five year period. The applicant was granted an extension time frame for the Use Permit on February 14, 2006. The approval was subject to renewal of the extended additional year period. If all conditions have been met at the end of the year, the Conditional Use Permit may be extended for an additional four years. The Zoning Administrator after reviewing the submitted report, site inspections, and finding no further complaints, extended the Use Permit until February 14, 2011. So, there have been no complaints. Mr. Bright Item #17 & 18 Bonney G. Bright Page 2 has been running a good operation, and staff was in approval of this, so we have placed it on the consent agenda. Thank you. Jay Bernas: Thank you Commissioner Horsley. I would like to make a motion to approve agenda items l7 & 18. Donald Horsley: Second. Joseph Strange: A motion has been made and seconded to approve items 17 & 18. AYE I1 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved items 17 & 18. ~ i. 23_x.! r _ r~ r ^ap v~~ tc .?ca=a ,-, , . / ~~ ~~;" I~uttliC~` U. 1SrlgtlT f~---- ,. ! ~ '- q1n Rd L -, Y EAGK: B+~Y - ~~ " ~--- .J~ 740 % -~ ~~ - i ~/, AG2- -~' o~ ~ ~~ .--"'' _- "' ` ` AG1 ~ tre~et Closure V!R I~-~TAXE.~INE ~ .'.. s. ,~„ NOI~~'i CAROL,iNA STATE INE CUP for Borrow Pit -Expansion of Existing Borrow Pit Sfreet Closure -Portion of Pocahontas Cfub Rd. '~,, .~u°~y.~ s~ 2` tr' t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY G. BRIGHT, Conditional Use Permit, borrow pit, east side of Princess Anne Road, 2,172 feet south of its intersection with Pocahontas Club Road. PRINCESS ANNE DISTRICT MEETING DATE: February 9, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow expansion to the excavation area of the existing borrow pit and for a new borrow pit to be located in the southern portion of the site. Three areas of expansion totaling 87.23 acres are depicted on the submitted site plan. Excavation of sand has been an ongoing operation at the site since the 1970's. ^ Considerations: The submitted expansion plan depicts three areas of expansion on the site. An expansion of 1.46 acres is on the eastern side of the site, adjacent to the existing borrow pit. A 17.31 acres expansion is located on the southwestern side of the site, also adjacent to the existing borrow pit. The largest expansion area is in the southern portion of the site. This proposed expansion totals 68.46 acres of the site. The expansion areas are situated a minimum of 100 feet from adjacent properties and 300 feet from adjacent right-of--ways. A total of 6.7 million cubic yards of material will be mined from the site by June of 2019. This includes the ongoing operation and the proposed expansions. Restoration of the site will be completed by June 2020. There is no plan to develop the site as part of the restoration. The pits will be turned into lakes with a 3-to-1 slope, and surrounding properties will be cultivated. As previously conditioned with the prior Use Permit, there will be no access to the site from Pocahontas Road. Princess Anne Road is the main haul road, and access to the site is now located in Currituck County, North Carolina, just south of the boundary line between the states. The applicant's representatives met with Public Utilities and Planning staff several times to discuss issues regarding the recharging system, location of monitoring wells, and analysis of the subsurface geology at the site. The dewatering /recharge systems must maintain as much water as possible on the site. The applicant will have to provide a groundwater recharge plan that demonstrates the amount of water to be retained on the site. Public Utilities also requested that additional monitoring wells be installed to insure accurate monitoring of the subsurface layers in order to prevent saltwater intrusion. The number and location of the wells will be determined by the Director of Public Bonney G. Bright -Conditional Use Permit Page 2 of 3 Utilities, or his designee. Additionally the applicant will work with staff to provide a report detailing the condition of the confining layers. These items are addressed in Conditions 3, 4, and 7 below. There v~ras no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion Icy a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: pill of the conditions attached to the Conditional Use Permit approvals of I~lovember 28, 2000 and February 14, 2006 shall remain in effect, except Conditions 5, 11 (e) and 16, which are replaced below. 2. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the C~evelopment Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant and or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a monitoring well /bore hole installation plan and to estimate existing and projected recharge of de-watering operation discharge water tf•~e applicant shall provide a groundwater recharge plan, which shall include all phases of the expansion, subject to the approval of the Director o~f Public Utilities or designee." 4. The applicant and or operator of the borrow pit shall, at his expense, establish monitoring wells, the number to be determined by the Director of Public Utilities or designee, at such locations as may be determined by the Director of Public Utilities or designee, for the purpose of monitoring groundwater quality, to include detection of any salt water intrusion which may occur as a result of the applicant's operation. Testing shall be performed at each monitoring well a minimum of four times per year. The Director of Public Utilities or designee may reduce monitoring frequency, should conditions warrant, to annual testing at each well. Analytical results shall be provided to the Director of Public Utilities or designee. If, in the judgment of the Director of Public Utilities or designee, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion, the applicant Bonney G. Bright -Conditional Use Permit Page 3 of 3 shall cease dewatering of the borrow pit at the cost of the borrow pit operator. (This condition replaces Condition 16 of the 2000 and 2006 approvals) 5. The maximum depth of the proposed expansion shall not exceed an elevation of -25.0 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. (This condition replaces Condition 5 of the 2000 and 2006 approvals). 6. The groundwater recharge plan shall retain water on site to the highest degree practical. The applicant and or operator of the borrow pit shall provide a quarterly report of the water recharge system on the site to include the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to off- site surface water, and the local precipitation. The plan shall be subject to the approval of the Director of Public Utilities or designee. (This condition replaces Condition 11 (e) of the 2000 approval). 7. The proposed expansion to the borrow pit shall be commenced in phases. The first phase to be mined shall be of the 1.46 acres depicted on the submitted site plan on the northeastern side of the site, adjacent to the existing borrow pit. The mining shall be completed within six months of all necessary approvals and converted into a portion of the recharge system within 12 months of all necessary approvals. 8. Berming of 3-feet to 4-feet in height and installation of Category 4 landscape screening shall be installed between the borrow pit and the improved portions of Pocahontas Club Road by the completion of the first phase of mining noted in Condition 5. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: lL- ~,~ "~~' ='~=' Bonuev G. Bright M.~ .Yd 'v Snb ~, €~'2 a. ~G2 _ din Rd'; •.; ~AIGi '` G a ..« .., 1-- ~GZ+, ~ _. . - _- - , ; X01 - ~, ., - tY~AG ^` -~ -- P1 G2 - AG1 __ - ~ j AG7 C' rest closure VIR Ip-5TP TE.LINE ~' -~ C ROIINA STATE INE cuP -or sorrow P!t - expansion of ExlsNng Borrow P!t Stfreet Closure -Portion of Pocahontas Club Rd. 18 January 13, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: BONNEY G. BRIGHT REQUEST: Conditional Use Permit (Borrow Pit /Expansion of existing Borrow Pit) STAFF PLANNER: Faith Christie ADDRESS / DIESCRIPTION: East side of Princess Anne Road, south of the intersection of Princess Anne Road and Poc~~hontas Club Road, between the City of Virginia Beach and Currituck County, North Carolina GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2317621327; 2317723259; PRINCESS ANNE 237.57 acres Less than 65 d6 DNL 2317612520;2317801537; 2316698832;2316896801 The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST expansions to 4he excavation area of the existing borrow pit and for a new Morrow pit to be located in the southern portion of the site. Three areas of expansion totaling 87.23 ~~cres are depicted on the submitted site plan. Excavation of sand has been an ongoing operation at the site since the 1970's. A conditional use permit fora 23.4 acre borrow pit, subject to 11 conditions, was approved on the subject site December 18, 1989.On November 28, 2000, City Council approved an expansion of the operation for a total of 69.4 acres, subject to 16 conditions. Condition 7 of the use permit required "Renewal of the conditional uses permit is required after a five year period." The applicant was granted an extension of the time frame for'that Use Permit on February 14, 2006. That approval was "subject to the renewal to be extended for an additional one year period. If all conditions have been met at the end of the one year, the conditional uses permit may be extended an additional four years". The Zoning Administrator, after reviewing submitted reports, site inspections and receiving no further complaints from adjacent neighbors, extended the use permit to February 14, 2011. BONNEY G. BRIGHT Agenda Item 18 Page 1 The submitted expansion plan depicts three areas of expansion on the site. An expansion of 1.46 acres is on the eastern side of the site, adjacent to the existing borrow pit. A 17.31 acres expansion is located on the southwestern side of the site, also adjacent to the existing borrow pit. The largest expansion area is in the southern portion of the site. This proposed expansion totals 68.46 acres of the site. The expansion areas are situated a minimum of 100 feet from adjacent properties and 300 feet from adjacent right-of- ways. Atotal of 6.7 million cubic yards of material will be mined from the site by June of 2019. This includes the ongoing operation and the proposed expansions. Restoration of the site will be completed by June 2020. There is no plan to develop the site as part of the restoration. The pits will be turned into lakes with a 3-to-1 slope, and surrounding properties will be cultivated. The applicant's representatives have met with staff several times to discuss the recharging system, location of monitoring wells, and analysis of the subsurface geology at the site. It has been agreed that several new conditions recommended as part of the Use Permit will meet the requirements for additional information. The new conditions can be found in the Conditions section of this report. As previously conditioned with the prior Use Permit, there will be no access to the site from Pocahontas Road. Princess Anne Road is the main haul road, and access to the site is now located in Currituck County, North Carolina, just south of the boundary line between the states. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Borrow pit and culitvated farm fields SURROUNDING LAND North: Agricultural and residential uses / AG-1 and AG-2 zoning USE AND ZONING: South: Agricultural and residential uses / AG-1 and AG-2 zoning East: Agricultural and residential uses / AG-1 and AG-2 zoning West: Agricultural and residential uses. A campground is located to the southwest across Princess Anne Road / AG-1 and AG-2 zoning NATURAL RESOURCE AND The property is located on the narrowest portion of the Pungo Ridge. CULTURAL FEATURES: The approximate distance from the pit to the brackish waters of Back Bay and the North Landing River are approximately 3,000 to 5,000 feet. Typical land surface elevations are approximately eight feet above mean sea level. The initial pit, which is the area located closer to Princess Anne Road is between 32 feet to 34 feet in depth. As the excavation moved eastward the depth decreased to no more than 26 feet to 28 feet. The current excavation depth is 25 feet. There is a recharge swale that begins at the northwestern section of the site, flows eastward and southward along the perimeter of the site, and finally discharges at the southeastern portion of the site near wells 63A and 636, operated by the United States Geological Survey (USGS), and flows into a ditch to Back Bay. The recharge swale is 1-mile long, 20-feet wide, and 4-feet in depth, and it hydrates all the surrounding farm ditches, which amount to 2-miles of farm ditches. There are six water control structures in the system, and the amount of water going over the BONNEY G. BRIGHT Agenda Item 18 Page 2 system is monitored every day. The 2000 staff report on the borrow pit expansion indicated that it is extremely likely that the cone of influence from the de-watering operation associated with the borrow pit will extend into Back Bay and the North Landing River. This means that brackish waters from Back Bay and the North Landing River can be drawn into the water table aquifer. The normal flow of groundwater is from the water table to Back Bay and the North Landing River. This operation has a high probability of reversing that flow and causing saltwater intrusion because of its proximity to brackish waters. Saltwater intrusion is generally irreversible, it cannot be mitigated, and it could result in rendering water supply wells undrinkable. Thus, as previously noted in this report, a set of conditions for this Use Permit have been recommended to monitor this situation. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP1: Princess Anne Road is a two-lane rural road with a 50-foot right-of-way. Conditions of approval of the 2006 Conditional Use Permit included Condition 18, which required the installation of a left turn lane on Princess Anne Road into a paved entrance. The improvements required for that turn lane were approved in January 2007 and have been installed. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Princess Anne 3,800 ADT 12,000 ADT Existing Land Use -260 Road ADT Proposed Land Use 3- 260 ADT Average Daily Trips z as defined by 600,000 cubic yards of material transported per year s as defined b no than a in uanti to be annual) removed EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of the Conditional Use Permit request for expansion to the existing borrow and for a new Morrow pit, subject to modification of several of the conditions of the November 28, 2000 and February '14, 2006 Use Permits and the addition of conditions for the purpose of addressing concerns with regard to i:he recharging system, location of monitoring wells, and analysis of the subsurface geology at the site. They Zoning Administrator and Zoning Inspector for the area have inspected the site and reviewed submitted reports and find the site to be in compliance with the 2000 and 2006 conditions. BONNEY G. BRIGHT Agenda Item 18 Page 3 Comprehensive Plan: The Comprehensive Plan designates this site to be within the Rural Area, an agricultural and rural area with land use related to farming, forestry, rural residential and other compatible uses. The physical character of this area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working farms, farm related businesses, limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agricultural and other rural-based economic activities in this part of Virginia Beach. This presence is reflected in the diversity of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, assuring continued local food production, and maintaining the rural community, the vision for our rural landscape is important. Evaluation: The applicant's representatives met with Public Utilities and Planning staff several times to discuss issues regarding the recharging system, location of monitoring wells, and analysis of the subsurface geology at the site. The dewatering /recharge systems must maintain as much water as possible on the site. The applicant will have to provide a groundwater recharge plan which demonstrates the amount of water to be retained on the site. Public Utilities also request that additional monitoring wells are to be installed to insure accurate monitoring of the subsurface layers in order to prevent saltwater intrusion. The number and location of the wells will be determined by the Director of Public Utilities, or his designee. Additionally the applicant will work with staff to provide a report detailing the condition of the confining layers. These items are addressed in Conditions 3, 4, and 7 below. As mentioned earlier in the report the Zoning Administrator and the Zoning Inspector in the area have inspected the site and reviewed submitted reports to insure that the applicant is in compliance with the existing 20 conditions attached to the site. Since the 2006 approval of the site there have been no further complaints regarding the truck traffic and required reports have been submitted in a timely manner. Staff, therefore, finds the request for a Conditional Use Permit to allow expansions to the excavation area of the existing borrow pit and for a new borrow pit to be located in the southern portion of the site to be appropriate. The following information details the history of the site: A conditional use permit fora 23.4 acre borrow pit was approved on the subject site in December 1989. This use permit has 11 conditions attached: 1. Renewal of the conditional use permit is required after a five year period. 2. The borrow pit shall be operated in a dust free manner. 3. Mitigation calculations shall be required for filling of any floodplain prior to issuance of any permit. 4. No encroachments into existing easements shall be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within this site. 5. An excavation permit is required. 6. No encroachment into natural drainage channels shall be allowed. 7. In accordance with the City's current Master Street and Highway Plan and the road alignment on file in the City Engineer's Office, aright-of-way dedication shall be required along Princess Anne Road to provide for an ultimate four lane undivided highway. Approximately eight feet of right-of-way dedication shall be required. BONNEY G. BRIGHT Agenda Item 18 Page 4 8. De~nratering of the pit shall be allowed and the following are required: 1. A dewatering settlement basin shall be constructed to capture suspended sediment before discharge is released into the North Landing River. 2. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. 3. Pumps for dewatering shall operate only between the hours of 7:00 am and 7:00 pm, Monday through Saturday. No pumps shall operate on Sundays. 4. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet and those within 2,500 feet if proved to be affected by this operation. 5. Test wells to monitor possible salt water intrusion shall be installed in accordance with city staff recommendations. 9. A double row of pine trees is required along the northern, western and southern borders of the borrowr pit operation which are visible from Princess Anne Road. 10. OF~erating hours shall be 7:00 am to 7:00 pm, Monday through Saturday. No Sunday operating shall be permitted. 11. Un-drained pockets and stagnant pools resulting from surface drainage shall be sprayed in accorcance with requirements of the state board of health to eliminate breeding places for mosquitoes and other insects The applicant received approval in November 2000 for an expansion to the borrow pit of 46 acres. The following condl~tions are required: 1. No ~sxcavation or restoration of the borrow pit expansion shall be allowed without first obtaining any necessary permits from the appropriate Federal, State and Local agencies, required as a result ~~f the expansion of the existing borrow pit operation. In addition, the applicant shall obtain a Non-Metallic Mineral Mining General Permit from the Department of Environmental Quality for the propo;~ed expansion. 2. No ~:xcavation or restoration of the borrow pit shall commence until such time that a site plan has been reviewed and approved by the Development Services Center. The site plan must includE~ a specific street and highway contingency plan that addresses the repair and replacement of any damaged roadway surfaces associated with the borrow pit operation. The site plan shall also d~atail the truck watering schedule currently utilized for the abatement of dust generated by this oF~eration. 3. The limits of excavation in the southeast corner of the site, as shown on the site plan dated April 20, 2000 by Gallup Surveyors and Engineers and on file in the Planning Department, must be modified to remove the cemetery site from the excavation area and provide at least a 100 foot buffer from the cemetery limits to the edge of the excavation area. The site plan submitted to the Development Services Center must show the cemetery site, new limits of excavation and permanent fencing to identify and protect the cemetery site. All other limits of excavation shown on the site plan dated April 20, 2000 must be adhered to. 4. The site plan submitted to the Development Services Center must indicate the sequence of construction for maintaining 3:1 side slopes on the borrow pit, as shown in the "typical cross section" on the site plan dated April 20, 2000, within 60 days after excavation is complete. 5. The maximum depth of the proposed expansion shall not exceed an elevation of -38.0 feet from elevation 0.00. 6. No access to or from Pocahontas Club Road will be allowed for the borrow pit operation. 7. Renewal of the conditional use permit is required after a five year period. 8. OpE~rating hours shall be 7:00 am to 7:00 pm, Monday through Saturday. No Sunday operating shall tie permitted. 9. No encroachments into existing easements will be allowed. Access to drainage easements must tie provided by the applicant over all outfall systems within this site. BONNEY G. BRIGHT Agenda Item 18 Page 5 10. No encroachment into natural drainage channels will be allowed. 11. Dewatering of the pit will be allowed and the following are required: a. A dewatering settlement basin shall be constructed to capture sediment before discharge. b. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a state waterway. c. Pumps for dewatering shall operate only between the hours of 7:00 am and 7:00 pm, Monday through Saturday. No pumps shall operate on Sundays. d. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet and those within 2,500 feet if proved to be affected by this operation. e. Water taken from the pit shall be retained on the site to the greatest extent practicable. (Recharge) 12. The existing buffer of pine trees along Princess Anne Road must remain undisturbed. 13. Un-drained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the state board of health to eliminate breeding places for mosquitoes and other insects. 14. A double row of Loblolly and Virginia pine trees, at least 2-3 years old at planting, and an understory row of wax myrtle shrubs, is required to be planted along a three foot (3) high berm along the Pocahontas Club Road frontage for screening and buffering. 15. On an annual basis, the amount of excavated material removed from the pit shall be consistent with the amount reported to the "Virginia Department of Mines, Minerals, and Energy for the year 2000. A copy of the 2000 yearend report and all future quarterly reports shall be submitted to the Zoning Administrator to ensure compliance with this condition. 16. Applicant shall, at his expense, establish monitoring wells, between two to four in number (to be determined by the Water Resources Manager) at such locations as may be determined by the Water Resources Manager, for the purpose of monitoring any salt water intrusion which may occur as a result of the applicant's operation. Testing shall be performed at each such well a minimum of once per year and a minimum of four times per year if deemed necessary by the Water Resources Manager. Results shall be provided to the Water Resources Manager. If, in the judgment of the Water Resources Manager, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. In February 2006 the applicant requested a modification to Condition 7 of the 2000 use permit approval with respect to the renewal of the use permit. This conditional use permit for a borrow pit was not renewed administratively by the Zoning Administrator because complaints were received regarding the overall borrow pit operation. The complaints were primarily related to the truck traffic associated with the borrow pit. Neighbors claimed that the owner, Mr. Bright, was keeping a fleet of trucks related to the borrow pit on his agricultural farm at 5513 Buuard Neck Road. Neighbors on Buuard Neck Road complained about noise from the trucks and safety issues. They claimed that the trucks were being stored, fueled and repaired on the farm and returning to the farm several times a day. The Zoning Inspector made several visits to the site and found the claims to be substantiated. The Zoning Inspector notified Mr. Bright that parking, repairing and fueling borrow pit dump trucks on the farm property was a zoning violation. Mr. Bright's attorney responded in writing that he felt his client was in compliance. Complaints persisted and the Inspector continued to monitor the site. On October 5, 2005, for example, the Inspector noted that 21 dump trucks headed south on Princess Anne Road from the farm between 6:13 a.m. and 8:40 a.m. The Zoning Administrator officially notified Mr. Bright that the conditional use permit would not be renewed administratively and scheduled a public hearing. The Zoning Administrator recommended that the use permit renewal be extended for an additional one year period, subject to the 16 conditions attached to the 2000 approval plus four additional conditions. The following four additional conditions were recommended and approved: BONNEY G. BRIGHT Agenda Item 18 Page 6 17. The maximum number of truck trips generated by the borrow pit shall be 75 per day. A truck trip shall be considered one round trip, in and out of the borrow pit. 18. The operator shall install a left turn lane on Princess Anne Road into the borrow pit entrance. Additional right-of-way may need to be dedicated by the applicant to accommodate the turn lane. In addition, the entrance shall be paved and the pavement shall extend 50' back from the property line and then graveled an additional 50'. The entrance plan shall be reviewed and appro~ied by Traffic Engineering. 19. All trucks and equipment used in conjunction with the borrow pit operation must be stored, repaired and fueled on the borrow pit site or on property zoned for such use. 20. Approval is for aone-year period. If all conditions have been met at the end of the one year, the conditional use permit may be extended an additional four years. Staff recommends approval of the use permit requests subject to the following additional conditions. CONDITIONS 1. All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000 and Febru~~ry 14, 2006 shall remain in effect, except Conditions 5, 11 (e) and 16, which are replaced below. 2. The applicant shall submit a site development plan in accordance with the Zoning Ordinance, Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitle~~ "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors & Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The at~plicant and or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a monitoring well /bore hole installation plan and to estimate existing and projected recharge of de-watering operation discharge water the applic~~nt shall provide a groundwater recharge plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee " 4. The aF~plicant and or operator of the borrow pit shall, at his expense, establish monitoring wells, the number to be determined by the Director of Public Utilities or designee, at such locations as may be determined by the Director of Public Utilities or designee, for the purpose of monitoring groundwater quality, to include detection of any salt water intrusion which may occur as a result of the applicant's operation. Testing shall be performed at each monitoring well a minimum of four times per year. The Director of Public Utilities or designee may reduce monitoring frequency, should conditions warrant, to annual testing at each well. Analytical results shall be provided to the Director of Public Utilities or designee. If, in the judgment of the Director of Public Utilities or designee, such results indicate that salt w~rter intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. (This condition replaces Condition 16 of the 2000 and 2006 approvals) 5. The maximum depth of the proposed expansion shall not exceed an elevation of -25.0 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. (This condition replaces Condition 5 of the 2000 and 2006 BONNEY G. BRIGHT Agenda Item 18 Page 7 approvals). 6. The groundwater recharge plan shall retain water on site to the highest degree practical. The applicant and or operator of the borrow pit shall provide a quarterly report of the water recharge system on the site to include the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to off-site surface water, and the local precipitation. The plan shall be subject to the approval of the Director of Public Utilities or designee. (This condition replaces Condition 11 (e) of the 2000 approval). 7. The proposed expansion to the borrow pit shall be commenced in phases. The first phase to be mined shall be of the 1.46 acres depicted on the submitted site plan on the northeastern side of the site, adjacent to the existing borrow pit. The mining shall be completed within six months of all necessary approvals and converted into a portion of the recharge system within 12 months of all necessary approvals. 8. Berming of 3-feet to 4-feet in height and installation of Category 4 landscape screening shall be installed between the borrow pit and the improved portions of Pocahontas Club Road by the completion of the first phase of mining noted in Condition 5. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. BONNEY G. BRIGHT Agenda Item 18 Page 8 ./ ~~_,..~ AERIAL OF SITE LOCATION BONNEY G. BRIGHT Agenda Item 18 .Page 9 i g it~t sib ~I E~ `~ ~~k ~~~ ~ ~ ~~p W ~ ~- • s v F a v O 9 Q 1..~ ~ ~~. ~ ~ ~. ~ ~ ~~ ~ ~~ ~ ~~ ~~..~ , t~ ~~~ ~~ _; ~ ~~ . ~ ~` t ~ ~ .~ l iG/ \`` \\\\' \\\\ Fy ~ ~ tai T ,~ ~, ~.~ ~I ~ ~~~" ~ ~ :. .~ ~ r` ` ~ '~"~ ` ~ ~ ' '~ ?z $ ~,~ ~ ~ ~ _ ~I ~ ~ ~ , 4 ~ .r ~ a ~ ~ ~ :; ~ ~~ L ,, _, s ~-- ~ ~ ~~ Y4 fi,~ - -- ~ ~:~ ~~ - _ i ~ ~R R R ,. i ~ ~~ ~ '~ I ^ ~ ~~~ ~ PROPOSED SITE PLAN BONNEY G. BRIGHT Agenda Item 18 Page 10 f, _ _.~_~.___ __-.~1 4 ~ i ~ } t '~ ~~ ~ ~ ~ 5 * ~ ' 1 ~ ~. C ~, y~~ . `+~,,. ~; b ti~ti..~'~~6F x of ~; ~ \ ~ ~ ~~~~~~ .~~ ~`~; +c ~ QS Q < ~~ ~~ W ~~,'~ ~ , ~+_'; ~'. ~ f n~-d ~`~ i ~~ q e 2~l ii y~ V 4 Z jt N j, l/ ~/ ~ ~; f `~ ~d ., i ~~ ~~ . ~ ~:~'~E'~ ~~r ~ , ~ o m",' ." ~r:~ ~~ ~ i'~~ o. 3 x' ~~6 ~~ ~~ ra # P~ d ~' ~ Q.. G ~~ 1 J cv ~: n PROPOSED RECLAMATION PLAN' BONNEY G. BRIGHT Agenda Item 18 Page 11 N CAROtlNA yIRf~141A ~Iap ~ y~~.`,-t ~i0III1t'.~4' ~ ~-l~l~~lf PU~ ir, ~ ~' Rd t-.., // ~ ^~ f ~~ ~ ~ _ ~s ~ l ~~~d -- --~`~-- < ,i , ~/ ,~ I r 1 ~ / '~0, _ ~~ ~ ~ _ u ~:~` ~ ~ r'tG2 J r ~ /~ ~r~ c+ ~ /' 1~!G'( ~n'r' ~~~~ f Z ~ ~:~ f.. f ~ AG 1 0 G treat Closure .~~ VIFt f~ ~TAX~lINE „3 sx . „r, NO}~rT~ AROt_tNA STATE iPtE tp ~yr~C ~~, S _. ~ CUP far Barrow Pit - Expansion of Existr°ng Sarraw Pit Street Closure - Portion of Pocahontas Club Rd. 1. 2/14/06 Modification of Conditions Approved 11/28/00 Conditional Use Permit (Expansion to Approved borrow pit) 12/18/89 Conditional Use Permit Borrow pit Approved 2. 10/29/81 Conditional Use Permit (Commercial Approved kennel 3. 2/13/89 Chan a to a non-conformin use A roved 4. 6/15/87 Subdivision Variance Approved BONNEY G. BRIGHT Agenda Item 18 Page 12 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: {Attach list if necessary) Bonney ~3. Bright ZONING H~S2TOR 2. List all businesses that have aparent-subsidiary' or affiliated usiness entity relati~~nship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List tl~e property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relati~~nship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or outer unincorporated organization. 8 ee next page for footnotes CondRional Usf! Permit Application Page 9 of 10 Revised 9N/20~74 z 0 v w w a w z 0 0 V BONNEY G. BRIGHT Agenda Item 18 Page 13 ~---~ V .-~ ~.-a I--+ .--. W W DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) es, Bourdon, Ahern & Levy, P.C. lup Surveyors & Engineers, Ltd. "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. z "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. z 0 A O V CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at feast 30 days prior to the scheduled public hearing ac ording to the instructions in this package. Bonney G. Bright ~~~ a ~~ n.: r, rt.~ (lwno c . nnaturco Pflnt Hanle Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 911!2004 BONNEY G. BRIGHT Agenda Item 18 Page 14 Item # 17 & 18 Bonney G. Bright Discontinuance, closure & abandonment of the unimproved southern extremity of Pocahontas Club Road Conditional Use Permit East side of Princess Anne Road District 7 Princess Anne January 13, 201() CONSENT Jay Bernas: They matters on the agenda are agenda items 17 and 18. An application of Bonney G. Bright for a discontinuance, closure and abandonment of the unimproved southern extremity of Pocahontas Club Road and an application of Bonney G. Bright for a Conditional Use Permit for a borrow pit on property located on the east side of Princess Anne Road, south to the intersection with Pocahontas Club Road, District 7, Princess Anne. Eddie Bourdon: Thank you Mr. Bernas. For the record, Mr. Chairman and members of the Commission, m}~ name is Eddie Bourdon, a Virginia Beach attorney representing Mr. Bright, who is here this ~~fternoon. We appreciate very much the Commission placing this on the consent agenda. [want to thank Faith Christie with the staff, as well as representatives from Public Utilities L)epartment, with whom we spent a lot of time working through these conditions. I think they are very, very thorough conditions on this request. Thank you. Jay Bernas: Thank you. Is there any opposition to these matters being placed on the consent agenda? Hearin[; none, the Chairman has asked don Horsley to review these items. Donald Horsley: Okay. Items 17 & 18, and we will take them together. The first item 17 is for a request for a discontinuance, closure and abandonment of an unimproved section of Pocahontas Club Road. This section, like I said, is unimproved, and Mr. Bright's property encompasses the road on both side's. The viewers saw no problem with the closure of this road; so, they were in favor of it. The :second part of the application is the Use Permit for the expansion to the excavation area of the existing pit, and for a new pit to be located on the southern portion of the site. The areas of expansion total approximately 87 acres. Excavation has been ongoing on this site since the `70s. A Conditional Use Permit fora 23 acre borrow pit subject to 11 conditions was approved on the subject site in 1989. In 2000, Council approved an expansion for the operation subject to 16 conditions. Condition 7 of the Use Permit requires renewal of the Conditional Use Permit after a five year period. The applicant was granted an extension time frame for the Usf; Permit on February 14, 2006. The approval was subject to renewal of the extended additio~ral year period. If all conditions have been met at the end of the year, the Conditional Use :Permit maybe extended for an additional four years. The Zoning Administrator after reviewing the submitted report, site inspections, and finding no further complaints, extended the Use Permit until February 14, 2011. So, there have been no complaints. Mr. Bright Item #17 & 18 Bonney G. Bright Page 2 has been running a good operation, and staff was in approval of this, so we have placed it on the consent agenda. Thank you. Jay Bernas: Thank you Commissioner Horsley. I would like to make a motion to approve agenda items 17 & 18. Donald Horsley: Second. Joseph Strange: A motion has been made and seconded to approve items 17 & 18. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE . KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved items 17 & 18. Tuee Iu~otii- Him Ne~~~ Birth leap I)--{ .°~~:,va*cc.~;cara t`U(1 V~~S )el ~~llliS~l'lE'S /~ - <_ ~ ~~.---- ,~, ~ ,, ~ , ~`" 5 ~ ~~ ~ ~~ -~f-g~ ~. ' ~ ~- ~~' li ~ ins' ~~ ,\ ,, . ~ L ~~ .,~~ ~~ ~ . _ ,, $~. A18 ,.,.., ~~ c 7 .~,. ~ f! 1~ i .~ _ r"B2~ '~ ~~.~-_~ -~~ \; % ~~~~ ~~~ \l7 { ~ ~:~ / ~ --~._.._ ;----~ ~ ``"r~ - =~..d, T ~~ J~_ i R . ~/ I ;... . S F~ CLIP for Church u ..°~yy~ ~. ¢¢~ya 4"u S~ ~t~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES, Conditional Use Permit, church, 5109-5111 Witchduck Court. BAYSIDE DISTRICT. MEETING DATE: February 9, 2010 ^ Background: The applicant requests a Conditional Use Permit to operate a religious use (church) in an existing single-story building. ^ Considerations: The applicant intends to hold religious services on Sunday, from 9:00 a.m. to 12:00 noon. On Wednesday, Bible study classes will be held from 7:00 p.m. until 10:00 p.m. Evening services will be usually held on Fridays from 7:00 p.m. to 10:00 p.m. Office hours are generally Monday through Friday from 9:00 a.m. until 3:00 p.m. and staffed by volunteer church members. The church membership is approximately 20 to 25 people. The church is compatible with the other commercial uses within the building and will not negatively impact any neighboring properties. The Zoning Ordinance requires 5 parking spaces for a church with 25 seats. There are 13 spaces in the parking lot. Based on the fact the proposed church has peak operational hours different from traditional business hours, Staff finds that the 13 parking spaces located on the site are sufficient for this use. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. Tuee Know Him New Birth Full Gospel Ministries Page 2 of 3 3. This Conditional Use Permit is valid for three (3) years. ^ Attachnnents: Staff Review and Disclosure Statements Minutes ~~f Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~artment/Agency: Planning Department ,~/~ City Manager: ~ S ~.~y~{„ h,o'K°F:°~,,, _ Tuee Know Him New Birth Full Gospel Ministries vv m o ~ o N 2 t ~. R-7. a~ 0 0 b ~ ~ ~ ~, ~ ~ 5 - ~ oL~J r9 O~ y ©O u 8 ~, CF © eq~ o ~ ~oo - z5 ~ `8~, o a O f-"1 ~ ' ~ Q ~ Q~.r r1 ® is _ CUP for Church REQUEST: Conditional Use Permit (religious use -church) ADDRESS /DESCRIPTION: 5109 - 5111 Witchduck Court 11 January 13, 2010 Public Hearing APPLICANT: TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES PROPERTY OWNER: J. G. HORTON & SON STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14679805220000 BAYSIDE 17,558 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a religious use (church) in an existing single- story building. The applicant intends to hold religious services on Sunday, from 9:00 a.m. to 12:00 noon. On Wednesday, Bible study classes will be held from 7:00 p.m. until 10:00 p.m. Evening services will be usually held on Fridays from 7:00 p.m. to 10:00 p.m. Office hours are generally Monday through Friday from 9:00 a.m. until 3:00 p.m. and staffed by volunteer church members. The church membership is approximately 20 to 25 people. The submitted site plan and a visit to the site by Staff reveals there are 13 designated parking spaces. In addition, there is off-street parking along Witchduck Court. The applicant is not proposing any additional landscaping, parking alterations, or exterior building modifications. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercially developed site SURROUNDING LAND North: Witchduck Court TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. HORTON & SON Agenda Item 11 Page 1 USE AND ZOIVING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Aragona Church of Christ / R-7.5 Residential District • Single-story business / B-2 Community Business District • Undeveloped site / B-2 Community Business District • Single-story business / B-2 Community Business District The majority of the site is impervious as it is developed with a structure and parking tot. There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Witchduck Court in the vicinity of this application is considered atwo-lane undivided local street. N. Witchduck I~oad is considered afour-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 100-foot right-of-way. Currently, this segment of roadway is functioning ne~3r capacity at a Level of Service (LOS) D. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume N Witchduck Road 19,574 ADT 14,800 ADT (max. WEEKDAY: (2008) Level of Service "C") Existing Land Use 2- 22,800 ADT' (max. 123 ADT weekday Level of Service "D") / Proposed Land Use 3- Capacity 18 ADT Weekday 27,400 ADT' (max. Level of Service "E" SUNDAY: Witchduck Court No existing Existing Land Use 2- traffic counts 41 ADT Sunday are available. Proposed Land Use 3- 73 ADT Sunda Average Daily Trips ' as defined by 1,998 SF retail 'as defined b 1,998 SF church WATER and NEWER: This site is already connected to City water and City sanitary sewer. FIRE: The apF~licant must obtain a Certificate of Occupancy from the Building Official if this use Permit is approved. EVALUATION AND RECOMMENDATION Recommendaition: Staff recommends approval of this request with the conditions below. TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. HORTON & SON Agenda Item 11 Page 2 Evaluation: The church is compatible with the other commercial uses within the building and will not negatively impact any neighboring properties. The Zoning Ordinance requires 5 parking spaces for a church with 25 seats. There are 13 spaces in the parking lot. Based on the fact the proposed church has peak operational hours different from traditional business hours, Staff finds that the 13 parking spaces located on the site are sufficient for this use. CONDITIONS 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. HORTON & SON Agenda Item 11 Page 3 i` ~, ~ x k., x ~. ~ ~ t~ 'w`, . ~'. ~ ,, O _ ~ ~~ ,. ,~ ~• }~„. .. R= • ~ ..~ ,, i,~ r< r ~ ~ _. «W. ~• ;. .~ Y i .. J~ '~'~ Mrr ' ~h(' 0 +~ i} .1 ~~ ` ~~ _~ A~ ,~ ~~ ~ O ~ *A,, ~ ~~ . "S t t '~: ~ ~;~ a_ ~ '~^'~ ~K »~ _ L. ~~ ~'~~ i' ~ ._ ,°`~ , 1~ / l Y R~ ~~ ~ rr 1 ~ ~ ~ ~' < i ~~ -1 f ~.r a t^ '"~. «rn . ~C~~( 31 1' L`lj Y k. _ ~~~: ~r~~.~ n <-r ~ i ;/ ~,~ X ', ~~~~ a~ 7 ~.y TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. NORTON & SON Agenda .Item 11 Page 4 ~ v l:.J V d u ~e .. G ,.~ ~. ~, .d `4 ^ -~~Q """ m7hSY. "'.r~'~~+6~ YORtfS GPtiW.Zt f.4Y - ~ ~~ 4 *.wsrtaao~+wc*k~'~ ~,yr'.~'eRrj ~rta ~ - ~• ~, ~ C, ~ p~' TW t OP M'aPSLLigt. QE~IaIA~YIT. ~e+c~ar. aro.~e .sagsst~w-~ t9 • -h~ . ~!~~9~dS a. w- . ~ . ~~ ~~ F ~~~' ~, o ,`,7 `~ i ~ `~ ~! ~.~. 4n b~ ~c ~o '~ U y EXISTING SITE PLAN TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. HQRTON & SON Agenda item 11 Page 5 s ~;- -' ern. _, _ ~ r~-=- BUILDING EXTERIOR PHOTOGRAPHS TUEE KNI~W HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. NORTON & SON Agenda Item 11 Page 6 Ma 1Ka~.~ale Tuee Know Him Nez~ Birth Full N - ~ ° 2 R~~• ~ D9A 5 ~~ 5 ~ oan / _ ..L C~ Y ~ ~~ e ~U 'DF.I.X 25 ~ ~~ 4 D p ~ ~, ,~ ~o ~ ~~ ~ Mznzstries n ~~ ~ 'n J ~ ^'1 ©~ CUP for Church 1 09/25/07 Conditional Use Permit automobile re air ara a Granted 03/27/67 Conditional Rezonin Granted 2 08/28/01 Conditional Rezonin to PD-H2 Granted 3 05/26/98 Conditional Use Permit automobile re air ara a Granted 4 11/25/97 Conditional Rezonin R7.5 to A-12 Granted 5 03/28/95 Conditional Use Permit landfill Granted 08/28/90 Conditional Rezonin R7.5 to A-12 Granted 6 06/11/91 Conditional Use Permit automobile re air ara a Granted ZONING HISTORY TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. HORTON & SON Agenda Item 11 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If this applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the applicant name followed by the names of all officers, members, trustees, Fiartne s, etc. below: (Attach list if necessary) i s ~ ~~ ~ , 2. L' tall businesses that have aparent-subsidiary' or affiliated business entity2 nalationship with the applicant: (Attach ' t if necessary) Yt ^ C:heck here if the applicant is NOT a corporation, partnership, fi business, or other unincorporated organization. ~_.~..y ~ ~ ~,.~~' ~ ,.~ Y PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If that property owner is a corporation, partnership, firm, business, or other unin~~orporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) _~Y . ~or-~-ov~ 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 nalationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conddiorkd Use Permit Application Pape 9 of 10 Revised 7.'3/2007 --~~ ~--~ ---a F---~ W W c~ ~'~- O I--~ ~-.~ A O V TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. HORTON & SON Agenda Item 11 Page 8 0 ---~ ~--~ a a w w z o~ r--~ V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: t certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subjed property at as days prior to the scheduled public hearing according to the instructions in this package. The unders gned also consents to entry upon the subjed property by empbyees of the Department of Plann' g to photograph and view the site f~ urposes of processing and evaluating-this appli ~ ~ c~ti6n. _ ~j ~ ~ -• j ~_ l Y ~ t, Ap ignature 'y~,_ ~`~ Print Na a .,~, Pr a 17w is n lure (if different than applicant) Pnn'' t Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES / J. G. NORTON & SON Agenda Item 11 Page 9 Item # 11 Tuee Know Him New Birth Full Gospel Ministries Conditional Use -Permit 5109-5111 Witcl-~duck Court District 4 Bayside January 13, 2010 CONSENT Jay Bernas: The next matter on the agenda is agenda item 11. This is an application of Tuee Know Him New Birth Full Gospel Ministries for a Conditional Use Permit for a church on property located at 5109 - 5111 Vb'itchduck Court, District 4, Bayside. Is there a representative here on this application? Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairmen has asked Dave Redmond to please review this item. David Redmond: Thank you Mr. Bernas. The applicant Tuee Know Him New Birth Full Gospel Ministries requests a Conditional Use Permit to operate a religious use (church) in an existing single- story building. T'he applicant intends to hold religious services on Sunday from 9:00 a.m. to 12:00 noon, with additional Bible study classes at various times throughout the week. The submitted site plan and a visit to the site by staff reveals there are 13 designated parking spaces. In addition, there is off-street parking along Witchduck Court. The applicant is not proposing any additional landscaping, parking alterations, or exterior building modifications. The staff recommends approval of this applicatior,~. We're unaware of any opposition, and the Commission concurs by consent. Thank you. Jay Bernas: Thank you Commissioner Redmond. I would like to make a motion to approve agenda item 11. Donald Horsley: Second. Joseph Strange: ~~ motion has been made and seconded to approve item 11. AYE 11 NAY 0 ANDERSON BERNAS FELTON HENLEY HORSLEY KATSIAS LIVAS A`S'E REDMOND RIPLEY RUSSO STRANGE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 11. ~tlFi~ h:-2I ." r'O: 1'L' JC~f2 J~'~ ~ Pl~c~~ AG2 \ 1 .~ J t f r s ~~ t ~_ ~.~ f• i ~ f 4$ A~2' B2* `~~~ B2 ~ t ~ AG~t1 ~~ ~ ~~~~ ~ AG2 .~~~-G~~~~~. .; '~ . AG1 AG2 _ ~ ~ s ~_ f f ~ ! i~ ---~--~ i ~ ° ± 3 ~ ,,( ~ ~ ~ i ~ ~ ~ I t ---- - ------~ i ! ~~ ~ !, + ti ' ~ ~ AG2 ,y ..-- .,' AG1 CUP for Commercial Recreation Facility other than an C3utdoor Nature µw n~. ~til y~ s~ ' .r f~ ~~'=`~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JC'S PLACE / D. E. BONNEY, Conditional Use Permit, indoor commercial recreation facility, 596 Princess Anne Road. PRINCESS ANNE DISTRICT. MEETING DATE: February 9, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for a commercial recreational facility other than of an outdoor nature. Cun-ently located on the 1.1-acre site are the former Creeds Market building, a frame barn, and a storage building, which was previously asingle-family dwelling. The Creeds Market had operated on the site since 1940. The market ceased operation several years ago. The portion of the site where the former Creeds Market is located is zoned B-2 Community Business. The remainder of the site fronting Morris Neck Road is zoned AG-2 Agricultural. ^ Considerations: Four churches in the area, consisting of Knott's Island Baptist Church, Creeds Church of Christ, Oak Grove Baptist Church, and Back Bay Christian Assembly, have pooled their finances and talents to provide aChristian-based teen club for young people in the southern portion of the city. Young people in 7th through 12th grades use the facility. The applicant operates the facility on Friday evenings during the hours of 7:00 p.m. to 10:00 p.m. Attendance varies from 10 to 20 young people with 6 to 8 adult volunteers monitoring and mentoring the attendants. Once a month, on Friday, a band may play in the building and attendance for this event varies from 60 to 90 young people. According to the applicant, the building is furnished with tables and chairs, booths, and couches for seating, three pool tables, and twelve video games. The applicant also advises staff that the great majority of the children are dropped off and picked up by their parents. The site can accommodate parking for ten vehicles There was opposition to the request. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: JC's Place Page 2 of 3 1. "the applicant shall obtain all necessary permits and inspections from the f=ire Department and the Permits and Inspections Division of the Planning Department. The applicant shall obtain a Certificate of Occupancy from the Building Official within 30 days of City Council approval of this Use Permit. 2. llse of the building shall be limited to Friday evenings between the hours of 6:30 p.m. and 10:30 p.m. 3. 1'he applicant shall obtain approval from the Virginia Department of Health for the wastewater disposal system and drinking water supply. 4. The applicant shall paint the exterior of the building. Paint color is limited to earth-toned hues. 5. The applicant shall delineate the property lines adjacent to Princess Anne F;oad and Morris Neck Road with some form of barrier acceptable to the Planning Department. Access points to the site will be allowed at the southern portion of the property along Princess Anne Road and the eastern portion of the property along Morris Neck Road. The exact locations of the access points shall be reviewed with and approved by the Current Planning Division of the Planning Department prior to the installation of the barriers. 6. Vllithin 90 days of City Council approval of this Use Permit, the applicant shall delineate, in a manner acceptable to the Planning Department, a minimum of 10 parking spaces on the site. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department f City Manage 1Q,~ ~ ~~~~~ hfop K-21 C's Place PLry~ H.~i ~.~ 5..+1. ~/~ !'1V --- , FF AFP ` o° J FF AF~ O ~ ` j kF':.F FFaF~ Q~•F O p~i~~ rrar, fl J FFn~'U r J o _ .,....,.. era pCl2~ ~4) ~~ p ' a RFA 1 « RP '1 i e O `~ ~ a ,.~ ~ ni ~,j ~~~ RP 1 ~ "~ ~~ r- ~ ~ ~° FF ljRf7't. EK ~ ~: r i~ tml ~ l` FF ~; f' ~ FP; e~ FF ,. .,~{J~ ~ _ , F. \ ,\ per' 1~~~,` aOi ~i 1 ~.~ ~-1 CVP - r nmmPrirdJ Rpc.rarion tad.'ity rdtcr;han an ooub?r ^a+u~*. 5 January 13, 2010 Public Hearing APPLICANT: JC'S PLACE PROPERTY OWNER: D. E. BONNEY STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (commercial recreational facility other than of an outdoor nature) ADDRESS /DESCRIPTION: 596 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 23089920780000 PRINCESS ANNE 45,884.51 square Less than 65 d6 DNL feet (1.05 acres) The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for a commercial recreational facility other than of an outdoor nature. Four churches in the area, consisting of Knott's Island Baptist Church, Creeds Church of Christ, Oak Grove Baptist Church, and Back Bay Christian Assembly, have pooled their finances and talents to provide aChristian-based teen club for young people in the southern portion of the city. Young people in 7th through 12th grades use the facility. The existing building, which was previously used as Creeds Market, has been on the site since 1940. The market ceased operation several years ago, and the applicant began using the building as a place for young people in the area to meet. The applicant operates the facility on Friday evenings during the hours of 7:00 p.m. to 10:00 p.m. Attendance varies from 10 to 20 young people with 6 to 8 adult volunteers monitoring and mentoring the attendants. Once a month, on Friday, a band may play in the building and attendance for this event varies from 60 to 90 young people. The applicant advises staff the building is furnished with tables and chairs, booths, and couches for seating, and with three pool tables and 12 video games for entertainment. Situated on the 1.1-acre site are the former Creeds Market building, a small canopy for gasoline pumps, a frame barn, and a storage building, which was previously asingle-family dwelling. There is no curb and gutter around the 'paved' areas of the site and parking spaces are not clearly designated on the site. The existing building is one-story masonry construction with a flat roof, has a floor area of 6,089 square feet, JC'S PLACE Agenda Item 5 Page 7 and is situated approximately 30 feet from Princess Anne Road and 25 feet from Morris Neck Road. The portion of the site where the former Creeds Market is located is zoned B-2 Community Business. The remainder of tF'ie site fronting Morris Neck Road is zoned AG-2 Agricultural. LAND USE AND ZONING INFORMATION EXISTING LA~JD USE: Aone-story masonry building, a small canopy over two gasoline pumps, a frame barn, and a storage building, previously asingle-family dwelling. SURROUNDINIG LAND North: Morris Neck Road USE AND ZO~IING: . Across Morris Neck Road is a hardware store, asingle-family dwelling, and the former Creeds Fire Station / B-2 Business and AG-2 Agricultural South: Single-family dwelling / AG-2 Agricultural East: . Single-family dwelling / AG-2 Agricultural West: . Princess Anne Road • Across Princess Anne Road is a retail store, gasoline pumps, and mini-warehouse facility / B-2 Business NATURAL RE;50URCE AND Other than the fact that the building is a good example of the CULTURAL FEATURES: architecture used for amid-20`h Century rural commercial market, there are no significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Morris Neck Road is a two-lane rural highway with avariable-width (50 feet to 60 feet) right-of-way. Princess Anne Road is also atwo-lane rural highway with avariable-width right-of-way. The Master Transportation Plan recommends a bikeway and a future right-of-way width of 90 feet this portion of Princess Anne Road. There is no reliable professional engineering data available on the number of trips generated by the proposed use. Public Works/Traffic Engineering does not feel that the existing characteristics of the traffic on the area roadway network, as well as the proposed occasional (once per month) major use of the site during a band concert, warrants any traffic concerns for the site. TRAFFIC: Street Name Present Volume Present Capacity Princess Anne Road 3,700 ADT 12,000 ADT Average Daily Trips WATER AND SEWER: Approval is required from the Virginia Department of Health for the wastewater JC'S PLACE Agenda Item 5 Page 2 disposal system and drinking water supply. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: This use, which caters to children in school grades 7 through 12, is a needed service in the area, as the Princess Anne Recreation facility, located on Nimmo Parkway, is approximately 14 miles north of the site. The hours and day of operation, 7:00 p.m. to 10:00 p.m. on Fridays, will not cause significant detriment to the surrounding properties. The applicant advises staff that generally 10 to 20 children use the facility on Friday nights, with the exception of the one Friday night a month when a band plays. The applicant also advises staff that the great majority of the children are dropped off and picked up by their parents. The site can accommodate parking for ten vehicles; Staff recommends a condition below that will require the applicant to delineate the parking spaces. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Fire Department and the Permits and Inspections Division of the Planning Department. The applicant shall obtain a Certificate of Occupancy from the Building Official within 30 days of City Council approval of this Use Permit. 2. Use of the building shall be limited to Friday evenings between the hours of 6:30 pm and 10:30 pm. 3. The applicant shall obtain approval from the Virginia Department of Health for the wastewater disposal system and drinking water supply. 4. The applicant shall paint the exterior of the building. Paint color is limited to earth-toned hues. 5. The applicant shall delineate the property lines adjacent to Princess Anne Road and Morris Neck Road with some form of barrier acceptable to the Planning Department. Access points to the site will be allowed at the southern portion of the property along Princess Anne Road and the eastern portion of the property along Morris Neck Road. The exact locations of the access points shall be reviewed with and approved by the Current Planning Division of the Planning Department prior to the installation of the barriers. 6. Within 90 days of City Council approval of this Use Permit, the applicant shall delineate, in a manner acceptable to the Planning Department, a minimum of 10 parking spaces on the site. JC'S PLACE Agenda Item 5 Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered b,y 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 i:s encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. JC'S PLACE Agenda Item 5 Page 4 <+!/ T jam" i 1 'f T # ~; .~,.._ _~~~ j ~ 1, ` ~ fir. ', ~~i~~~~ ,~., ~~' ~ ~ ~ -~~ ,_ ,: . r.. a-~ E ~.. i ~ ', ~ ~*'~~ r ~, :' ~ ~ . ,. , a , .. ~: w , ' 1 r ~.'t '~.i~ Y :< :~c ~~~ ~, ~ ~. ~ ~~ to ~f. ! ~, . . ^ F ~ v '. 1. ~ ~~ •"r wr.. n :j t .> ~.'A t 1 ~!~ ........ ~' € ~ ~ ~t?f~ ~~~ ~ 1 i ~ 3 "r v~ ~~~' ~ w "~, ~ ~~ ~I ~ ~ ~ k ,. ~ s ~ ~ ~~~ s ,~; =t if t ~ r'\ ~" ~~ r ' ,M'~- ~ ..~ ..n ~ ~ y ~ .y~~ 1.1 1. ~ T.. ~ r{ a~ '}\ l ~i K •~ N.. Y~ ii ~ iy a ~~ ~ ~~ ~Fr Lf s 4• _~~'~ ~ ~ ..~ ' AERIAL OF SITE LOCATION JC'S PLACE Agenda Item 5 Page. 5 t~ e ~ ~ ~ ~ ~ ~ O I ~ ~ i ~ 4~. `4 C ~4~ vim;" ! 4 ~ ~ ~ •+ ~ b 4 !n ,e 4 !k ~ ~ , ~ :~ ~ { c 1 ~ ~ t ~ +~ ~ , ~~ ~ ; ~ 1 Y }~ t s ~' i )~ ~ x W ~ ` p J c J ts' L. s ~ Y a ~ Q V „ ,h jj t 7 ~~ ,y~" { Y IE if W {) .~ ~ v) ~ ue) r u - "' ~ } '~ ~ ~ ~( •. r n r ~« ~~ 14 ~ +~ ~° G~~S t a N PR~,~/f ~- Q, ~v' r• ,..- N ~ W /~ ~ UQ t , s` ~,., ~~ Y~ sr. 3 4~ - >'~ Y ~..:~ ~ ~ V o ° a ~ ~' ~ ~ ,, a Y 1 t~ ~r R `w.. - ~. Q,. ~ Q, 0, S ~ k 7 k4)-{.- C a ~4j p ~ .~~'. ~ ~~ _ ~ C) ~. u ._ ~.a Q • tr; ~~: C.T" ~ O '~ r- '~ r 9'' '' 4 s ~ ~ w 1. CC ~ ~ n ~+t ~ z i l~ -~ W @' ~+ i t .h R G iu M ~ 3 ~ is Q " G3 .t ~ d ~ t. ~ t ~ ~ h v u. ar.~' ~ ~ ~ ~~ ~ ~ Z J va Y Q O lit t p x ° a ~ '° ~ H z° r z I C ~ [~ 2 I ;V w h 4s c~ t3 '~ y rt ~a O -~ Y M h 1t i... a -~~J C.. o-. .'t ~. 1- W G ~ ~ e~~~ ~ 4 -tn ~ Q .1 z ~ e~ m>~ R )t ~ -~ x -' N f r<r 4!.. ~' ~ R te) t ~ { a K" -. ~. y C a. C:} Y } ~ 4 /` i K U R 4..) e '~ "' ~~, ti w a 1~ ~_ .._ ......... ~~. ..__ ~ 4 + ~ i ~'" ~ Q v ~ _ _._ .~ _ r. ~ ~ y ~U` V c~ o e ~' t~ K+ 4 ~ ~ ~~ )' PROPOSED SITE PLAN JC'S PLACE Agenda Item 5 Page.. 6 PHOTOGRAPH OF BUILDING AND FRONTAGE ALONG PRINCESS ANNE ROAD JC'S PLACE Agenda Item 5 Page 7 1. 12/2.02 Rezoning (B-2 Business & Conditional B-2 Business to Approved Conditional B-2 Business); Modification of Conditions; Conditional Use Permit (self-storage) Rezoning (AG-2 Agricultural to B-2 Business); 11/1 3/01 Conditional Use Permit (fuel sales & carwash) Approved Conditional Use Permit (fuel sales) Rezoning (AG-2 Agricultural to B-2 Business) 12/7, 99 Approved 7/11.99 A roved 2. 3/14.00 Subdivision Variance A roved 3. 10/21/92 Conditional Use Permit rou home Denied 4. 6/14'94 Conditional Use Permit sin le-famil dwellin s A roved 5. 12/9'85 Subdivision Variance A roved 6. 12/20/05 Rezoning (AG-2 Agricultural to Conditional B-2 Approved Business 7. 8/22; 06 Rezoning (AG-2 Agricultural to Conditional B-2 Approved Business ;Conditional Use Permit automotive re air 8. 6/24,'08 Rezoning (AG-2 Agricultural to Conditional B-2 Approved Business ;Conditional Use Permit self-stora e ZONING HISTORY JC'S PLACE Agenda Item 5 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attacn list if necessary) ~~C1~ fiI"S j1.~ A(l n `~ 4~J-t u f ~' ~~laE3. ~ ~tU ~ ~ ~ ~!-_ ~~~,e ~Q1~ Jonct~hc~n ~Cha~le~} brawn, ~~ k ~ ~ C C~ ,t ,h 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) t`% ~ A --~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members. trustees, partners, etc. below: (Attach list if necessary) D 1=. BL%nn~~a 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) -~; ~ A C~Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? Conddional Use Permit Application Page 9 of 10 Revised 7!3!2007 z 0 a a~ w a w z 0 ~=• A z 0 V JC'S PLACE Agenda Item 5 Page 9 z 0 w a W c~ ~'~- z 0 A z 0 v DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) t1C~t'1 r~rn ~; ~ ~~notts IslAnt~ P~AC1ti ~,t ~n trrl'-, CIC1k_~ve 6AOtiSt l:Y-11irc~}, ' "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. s "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 entties; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. understand that, upon receipt of notification (postcard) that the application has been scheduled for loublic hearing, I am responsible for obtaining and posting the required sign on the subject property at feast 30 days prior to the scheduled public hearing according to the instructions in this package. The ~~ndersigned also consents to entry upon the subject property by employees of the Department of IP,lelnning to photograph and view the site for purposes of processing and evaluating this application. / ~ ~ ,~ Sgn-fE.S C. L'R.se~,v .~'~e lira Signature ~' Print Name ~, ~~ ~ati~v.~ (~~n~uef I~ro rty Owner s Signature (if differe an applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 JC'S PLACE Agenda Item 5 Page 10 Item #5 JC's Place Conditional Use Permit 596 Princess Anne Road District 7 Princess Anne January 13, 2010 CONSENT Joseph Strange: The next items we will address are those that are placed on our consent agenda. The Vice Chairman will handle this portion of the agenda, and at the end of the consent agenda, can I have a motion for approval. Jay Bernas: Thank you Chairman Strange. This afternoon we have 11 items on the consent agenda. The first matter on the agenda is item 5. This is an application, JC's Place, for a Conditional Use Permit for indoor commercial recreation facility on property located at 596 Princess Anne Road, District 7, Princess Anne. Is there a representative on this application? Please state your name. James Cason: Jim Cason. Jay Bernas: Are the conditions acceptable? James Cason: Yes sir. I've read the conditions that the Commission has put forth, and I agree to comply and bring this site up to date. I look forward to working with you and the Commissioners to meet these issues. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Janet Chaves: Yes. Jay Bernas: I think we have opposition. Joe Strange: Okay. We will move it, and hear it then. REGULAR Al Henley: The next item is agenda item 5, JC's Place. An application of JC's Place for a Conditional use Permit for indoor commercial recreation facility on property located at 596 Princess Anne Road, District 7, Princess Anne. We have two speakers. Mr. James Cason. You didn't check oppose or support. Donald Horsley: I think he is the applicant. Item #5 JC's Place Page 2 Al Henley: Okay. I'm sorry Ed Weeden: Ju:ct state your name for the record. James Cason: James Cason. Good morning Mr. Chairman and members of the Commission, and staff. Thank you for your time this morning. I just wanted to say that I've read the conditions and l agree with the conditions proposed by staff. I also want to say that JC's Place is a faith center, Christ center, community center for the teenagers in the southern portion of our city, or rather sY~ould I say your city since I'm not resident of the City. It is located approximately half way between the community of Knotts Island and the community of Pungo, making it convenient for teenagers and students from both end of the City to have a safe place to go where they c,~n congregate, socialize in a safe environment, and is also staffed by volunteers from four separ~~te churches in the area. We have read, again have agreed to the conditions. Like I said, it is a work in progress. I appreciate your consideration on it. I have met with the Fire Marshal, J.l~. Abshire, from the Virginia Beach Fire Marshal's Office, who has been in the building. He has voiced his surprise at how well we have maintained and made improvements on the inside of the building. The outside, I know still needs some addressing, but it is a work in progress. I look forward to working with you, and answering any questions that you may have. Joseph Strange: Does anyone have any questions? Donald Horsley: Mr. Cason, just tell us briefly what you do. I think you live in Knotts Island right? James Cason: Yes sir. Donald Horsley: You are one part of the four churches that is involved in this project. Can you briefly tell us what you do by bringing the kids there? James Cason: We met on Friday nights between the hours of 7:00 p.m. to 10:00 p.m., give or take ahalf--hour, either way. We have pool tables, video games, all non-profit, and a staff of volunteers. At s~~me point during the evening we will stop and have a time of devotion with the children, the students, to provide them with some type of positive message that today's world they get very fev~~ places. We have a question and answer time with them. I spend time with them during that. And, then they go back to socializing, playing pool, and playing video games. All of which is s~~pervised by adults, average of 6 to 8 adults, from the various churches that come out to assist in that. And occasionally, maybe once a month, we will have a live band that come in from on~~ of the churches. It will be a youth band. When I say churches I mean non- denominational. We've had bands come all the way from Thalia Methodist Church down to JC's to play. We've h.ad people show up from Norfolk with a bus load of teenagers. I think that speaks highly of what we're trying to accomplish with students today. Donald Horsley: Okay. Joseph Strange: Are there any other questions. Item #5 JC's Place Page 3 Donald Horsley: Mr. Cason is a police officer in Virginia Beach. Isn't that right Mr. Cason? James Cason: Yes sir. Donald Horsley: He works that area down there so he's got a real close contact with that area. Joseph Strange: We do have one speaker in opposition. If you will stand by in the case we have any other questions. Thank you. James Cason: Thank you sir. Al Henley: The next speaker in opposition is Janet Chaves. Janet Chaves: Good afternoon. Thank you Commissioners and Chairman, I'm not necessarily here in complete opposition. Ed Weeden: State your name for the record. Janet Chaves: Yes. Janet Chaves. I do have a few questions and some concerns, and to possibly ask for additional conditions be put on. Some of you may have already seen my notes and a couple of photographs. I'm just going to go down some of my thoughts and concerns. There was no definition in the City code for recreation facility, so I'm not sure what activities will be allowed. I'm not sure that the Conditional Use Permit is for the owner, applicant, or the non- profit churches. If it is non-profit churches, what part of it is commercial? Are they doing activities there to raise money or earn money or something like that? Also, I have a question. Marvin Rollins recently had an application approved in here, and that property was listed in his maps, and it looked like this portion was B-2 in that map, and this portion here was AG-2. So, I'm not sure if this whole property is B-2 or not for commercial. And this piece right here, they are talking about storage, it was asingle-family home, I guess at one time. The door comes out on front on Morns Neck Road. I don't know if that is zoned B-2 or not. My concern is that I live right here. In over 8 years, I have seen this house deteriorate. First the chimney fell off and then if fell on the ground. Now the roof is caving in, so that is part of the property that they are going to have teenagers on, I would like to see that improved. Also, I had photographs. There are 55 gallon drums outside of the place. I don't know what is in it or not. Is it toxic or not? They stated band once a month. I live there, and they have had bands. My concern is the 60 to 90 people. First of all, do we have an occupancy of 69 people in that building? If there is only 10 parking spaces, is one of the conditions, and there are 6 to 8 chaperones, where do the rest of the 50 to 90 people park? I mean currently that property is used on a day to day basis for overflow parking for the store, the gas station, the hardware store. So, I don't know where all of those 50 to 90 people will park when they come for the band. I'm also concerned about that many people being let out after 10:00 p.m. at night. We don't have a lot of police presence down there, particularly in the evening and the nighttime. And all of those businesses that surround that area obviously will be closed at the time, so my concern is what if all those other properties watch what is happening when those 60 to 90 people are let out. Besides, what will happen when they come up Morris Neck Road, especially if they are busing in kids? I'm concerned about the Item #5 JC's Place Page 4 occupancy, fire, and waste water permit. Will it be food and beverages? Are they going to be stored on the site? Which buildings are being conditioned to be repaired suggest the actual, which we used to call the "old smoke house", which is the market, or is it all of the houses, and all the buildings on that property. What about noise? What about conditions, security and medical detail, when we have these concerts. I know the fire house is right across the street, but if you have a congregation of 60 to 90 people, should we have security on the site? And, landscaping bufFers between that property and the residential properties. And those are my concerns. Thank: you very much. Joseph Strange: Does anyone have any questions? Thank you very much. James Cason: Again, I will try to address some of her concerns and may answer questions you may already have. Joseph Strange: State your name again James Cason: Again, I'm Jim Cason, aka James Cason. The vacant house that she refers to located right there (pointing to PowerPoint) is currently in the process of being demolished. Mr. Bonney, the property owner, knows that it is a hazard, and it is having it removed at this time. As far as the parkking goes, it is my understanding that the ten parking spaces referred to would be directly in front of store, which already has curbed parking there, but wouldn't prohibited additional parking on this side of the building, or on the Morris Neck Road side of the building, as it was explained to me. The students or teenagers are usually dropped off either by church vans or by their parents and picked up as well. We have an accountability system that we try to follow so we knc-w on any given Friday night, we know who was there. We know what time they got there. VVe know what time they left. While I can't control everything they do once they leave, I can account for their whereabouts during 6:30 p.m. and 10:00 p.m. on a Friday night. If it gives anyone a piece of mind as far as a juvenile being accused of doing something across the street at 9:00 p.rr-. per say, I can produce the documentation to say no, he was here or he left at 8:30 p.m. While again, I can't control everything they do when they leave the property we try to remain in control of everything or are in control of everything that happens within the confines of the building. The old Creed's market is the building that is being used and renovated. Actually, and I've forgotten her name already, I apologize, she mentioned the use of the waste water and the drinking water; we don't drink the water there. We use bottled water. We eliminate that issue altogether. I'll be glad to answer any other questions. Joseph Strange: Are there any other questions? Janice Anderson: Joe? Janice Anderson: Are you going to serve food there? Drinks? Soda and food? James Cason: We usually do provide canned sodas. Any food is prepared prior to, the same you would with the church social, pre-cooked. The Fire Marshal already briefed me on the things that we could and. could not do there, health wise, so I'm somewhat familiar with that. And, any Item #5 JC's Place Page 5 money that is made goes directly back into the ministry, so again, it's non-profit. No one is making any money off of it. Janice Anderson: Okay. She was concerned about the 60 to 90 people, but that is going to be limited to what the Fire Marshal allows you. James Cason: Yes ma'am. That would be limited to the Fire Marshal. That would also again fluctuate with the performance of a live band. Anytime you have a live band, especially with these youth bands, if we have a live band come in from Thalia Baptist, or Virginia Beach Baptist, or wherever they come from, it is typical they have a following, so that will bring more youth. And typically their parents will come as well; so, we have additional chaperones to help from that perspective. Janice Anderson: Okay. So far as the condition of the property, you said this building is coming down. These drums they will be removed from the property also? James Cason: If you could go back to that slide that shows the rear of the building? Okay. These two drums are oil drums that provide heat for the building. Janice Anderson: Okay. James Cason: The other two drums, I believe one of these is empty, and I'm not sure about the other one. Those were there when we arrived as part of the prior occupant. Janice Anderson: Okay. The red ones are currently in use. Those are the heating? James Cason: Yes ma'am. Joseph Strange: Are there any other questions? Donald Horsley: Have you checked with Mr. Rollins to see if he minds if you overflowed parking in his outside parking lot if you do have a problem. Does he have a problem with that? James Cason: Well, I've never asked him about the parking, but I do know he is in support of what we're doing. He's voiced his support. So, I think his lot is gated a night. Donald Horsley: He's got a few spaces on the outside of this gate. That may be an opportunity there. James Cason: I haven't asked him, but I will certainly take that into consideration. Joseph Strange: Are there any other questions? Christopher Felton: From the parking aspect, for the most part, your chaperones are the ones that are mostly likely driving these students and the vans to the site? Correct? Item #5 JC's Place Page 6 James Cason: Yes, sometimes. They may arrive on their own, or they may drive one of the church vans. I never can predict exactly what they are driving, but if it's going to be a van or their personal ve;hicle. But yes sir, the chaperones will arrive and the parking spaces are typically for them. Most of the students, once they become of driving age, they start to lose interest in what we're doing. But hopefully, we've made a positive impact on them by that time so they won't be- on the street doing things they shouldn't be doing. Joseph Strange: Okay. Thank you very much. James Cason: Thank you sir. Joseph Strange: We'll open it up for discussion among the Commissioners. Donald Horsley: I'll start. It is my understanding that they just provide members from that church, volunteer to come there, and help put on. I think that JC's place is its own individual entity. It is not tided with the church. I think the church just makes donations. Am I correct, because she was concerned about that, and I think the church makes donations? James Cason: Individual churches make some donations. We have a lot of donations that come from within the community, from private individuals, but it is the only entity from that aspect. However, for a lf;gal lease agreement between Mr. Bonney, being the property owner and our church, the church I attend, Knotts Island Baptist Church, had to be named in the lease agreement. Donald Horsley: Okay. James Cason: So the lease agreement is between Knotts Island Baptist Church and Donovan Bonney with me as a liaison if you will. But the other churches mentioned all play a role. Donald Horsley: Alright. I think you see pretty much that Mr. Cason and the other volunteers have put this together as a need, because you have a vast area down there. A lot of mileage and those kids, and they see a need for those kids to have something to do, and this provides an outlet for these kid to gE;t out and meet other kids as well. I've had a lot of positive comments on this, and a parent called me last night and said that their kid really enjoyed attending this when they go. So, I don't hive a problem with it. I think they are doing a good job and a good service to the community, and when you're ready for a motion, I'll make one. Joseph Strange: Is there any other discussion? Phil Russo: I'll :second. I don't know if you wanted some emphasis. Joseph Strange: IZon? Ronald Ripley: A, lot of the items that was raised by the opponent was, I believe we addressed by permits. Looking at having the drums removed, or having the house removed, or is this Item #5 JC's Place Page 7 approvable or that's approvable, this is a land use decision, and I think I support the application as well. Joseph Strange: Thank you Ron. I think the community is fortunate is have people who are trying to provide an outlet for the youth today, and it is a very constructive outlet. We have a motion by Don Horsley and a second by Phil Russo. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of JC's Place. NN' }. ~ s `'~ •~ tw,~v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend the City Zoning Ordinance Section 111 pertaining to the definition of adult bookstores MEETING DATE: February 9, 2010 ^ Background: The City Zoning Ordinance prohibits `adult bookstores' from locating within 500 feet of any Apartment or Residential zoning district, single-family or multifamily residential dwelling, or park, church, or school. An adult bookstore is defined as a retail establishment that has either of the following: 1) 25 percent or more of its stock for sale or rent on the premises or has 25 percent or more of its stock on display either in plain view or in an enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures, devices, paraphernalia, motion pictures, films, video tapes or photographs that are distinguished or characterized by an emphasis on `specified sexual activities or specific anatomical areas,' which are defined in the ordinance; 2) Devotes 25 percent or more of its display area or floor space, excluding aisles and storage areas, to the sale or display of such materials; 3) Receives in any one month period 25 percent or more of its gross income from the sale or rental of such materials; or 4) Has on the premises one or more mechanical or electrical devices for viewing such materials. ^ Considerations: On October 13, 2009, the City Council referred to the Planning Commission for their consideration proposed amendments to this definition of an adult bookstore. The amendments, sponsored by Councilman Glenn Davis, are being proposed as a means of `tightening' and updating the definition, primarily in response to the opening in the spring of 2009 of an 'adult toy store' in a shopping center on Holland Road. The store, which has since gone out of business, was located adjacent to a children's karate studio, and within 500 feet of a school and residential dwellings. The store sold 'adult' merchandise, including pornographic materials. Signs posted at the store indicated it sold adult products of a sexual nature and the windows and door of the store were completely obscured with a black material. Upon inspection of the store by the Zoning staff, however, it was determined that it was not an adult bookstore as defined by the Zoning Ordinance, as the criteria specified above were not met. City of Virginia E3each -Adult Bookstore Amendment Page 2 of 2 The proposed amendments are intended to prevent such a retail establishment from locating in close proximity to a school, church, park, or residential area. The ordinance makes two substantive changes: 1. The benchmark of 25 percent of the store's stock, display area, or sales is lowered to 20 percent; and 2. The definition is expanded to include any business that (a) sells the defined products, (b) prohibits access by minors to any area of the store tt'iat is open to customers, and (c) advertises itself as offering `adult,' '~;XX,' `X-rated,' `erotic,' `sexual,' or'pornographic' material on signage visible from a public right-of-way. The 'thrE:e-part test' provided for in the second change is based on almost identical criteria approved by a federal appellate court. Also, as a result of the advances in video and audio recording technology, the ordinance replaces the term `video tapes' as currently found in the definition with the term 'video recordings.' ' There w~~s no opposition to the proposed amendment. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendment to the City l~ouncil. ^ Attachments: Staff Review Ordinancc; Minutes of Planning Commission Hearing Recommended ,Action: Staff recommends approval. Planning Commission recommends approval. Submitting Deps~rtment/Agency: Planning Department City ManagerC k , 8 January 13, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 111: ADULT BOOKSTORES REQUEST: An Ordinance to amend the City Zoning Ordinance Section 111 pertaining to the definition of adult bookstores. SUMMARY OF AMENDMENT The City Zoning Ordinance prohibits `adult bookstores' from locating within 500 feet of any Apartment or Residential zoning district, single-family or multifamily residential dwelling, or park, church, or school. An adult bookstore is defined as a retail establishment that has either of the following: 1) 25 percent or more of its stock for sale or rent on the premises or has 25 percent or more of its stock on display either in plain view or in an enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures, devices, paraphernalia, motion pictures, films, video tapes or photographs that are distinguished or characterized by an emphasis on `specified sexual activities or specific anatomical areas,' which are defined in the ordinance; 2) Devotes 25 percent or more of its display area or floor space, excluding aisles and storage areas, to the sale or display of such materials; 3) Receives in any one month period 25 percent or more of its gross income from the sale or rental of such materials; or 4) Has on the premises one or more mechanical or electrical devices for viewing such materials. On October 13, 2009, the City Council referred to the Planning Commission for their consideration proposed amendments to this definition of an adult bookstore. The amendments, sponsored by Councilman Glen Davis, are being proposed as a means of `tightening' and updating the definition, primarily in response to the opening in the spring of 2009 of an 'adult toy store' in a shopping center on Holland Road. The store, which has since gone out of business, was located adjacent to a children's karate studio, and within 500 feet of a school and residential dwellings. The store sold `adult' merchandise, including pornographic materials. Signs posted at the store indicated it sold adult products of a sexual nature and the windows and door of the store were completely obscured with a black material. Upon inspection of the store by the Zoning staff, however, it was determined that it was not an adult bookstore as defined by the Zoning Ordinance, as the criteria specified above were not met. CITY OF VIRGINIA BEACH -ADULT BOOKSTORE AMENDMENT Agenda Item 8 Page 1 The proposed amendments are intended to prevent such a retail establishment from locating in close proximity to a school, church, park, or residential area. The ordinance makes two substantive changes: They benchmark of 25 percent of the store's stock, display area, or sales is lowered to 20 percent; and The definition is expanded to include any business that (a) sells the defined products, (b) prohibits access by minors to any area of the store that is open to customers, and (c) advertises itself as offering 'adult,' `XXX,' 'X-rated,' 'erotic,' 'sexual,' or `pornographic' material on signage visit~le from a public right-of-way. The 'three-part test' provided for in the second change is based on almost identical criteria approved by a federal appellate court. Also, as a result of the advances in video and audio recording technology, the ordinance replaces the term `video l:apes' as currently found in the definition with the term 'video recordings.' This amendment has been referred to the Planning Commission by the City Council with the request that the Planningi Commission consider the amendments and provide a recommendation to the City Council. Staff has no specific recommendation regarding the proposed changes. CITY OF VIRGINIA BEACH -ADULT BOOKSTORE AMENDMENT Agenda Item 8 Page 2 I I~ 1 I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF ADULT BOOKSTORES NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY: •~ City Attorney's Office CA11296 R-1 October 6, 2009 REQUESTED BY COUNCILMEMBER DAVIS 1 AN ORDINANCE TO AMEND CITY ZONING 2 ORDINANCE SECTION 111 PERTAINING TO THE 3 DEFINITION OF ADULT BOOKSTORES 4 5 Section Amended: City Zoning Ordinance §111 6 7 8 WHI=REAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOV'V, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA 13EACH, VIRGINIA: - 13 14 That. Section 111 of the City Zoning Ordinance is hereby amended to read as 15 follows: 16 17 Sec. 111. iDefinitions. 18 19 For the purpose of this ordinance, words used in the present tense shall include 20 the future; words used in the singular number include the plural and the plural the 21 singular; the use of any gender shall be applicable to all genders; the word "shall" is 22 mandatory; the word "may" is permissive; the word "land" includes only the area 23 described as being above mean sea level; and the word "person" includes an individual, 24 a partnershiip, association, or corporation. 25 - 26 In addition, the following terms shall be defined as herein indicated: 27 28 .... 29 30 Aduli` bookstore. An "adult bookstore" is: An establishment that either (a)' has 31 twenty-#ive 1;2b 20) percent or more of its stock for sale or rent on the premises, or has 32 twenty-#ve 1;2b 20) percent or more of its stock on display either in plain view or in an 33 enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures, 34 devices, pairaphernalia, motion pictures, films, video tapes recordinQS or photographs 35 which are distinguished or characterized by their emphasis on matter depicting, 36 describing or relating to "specified sexual activities or specified anatomical areas" as 37 defined herE~in; or (b) devotes twenty~we (2b 20) percent or more of its display area or 38 floor space, excluding aisles and storage areas, to the sale or display of such materials; 39 or (c) receives in any one-month period twenty-fire (~ 20) percent or more of its gross 40 income from the sale or rental of such materials; or (d) has on the premises one (1) or 41 more mech~rnical or more mechanical or electronic devices for viewing such materials; 42 or (e) sells i~roduct featuring "specified sexual activities or specified anatomical areas" 43 and prohibits access by minors. because of aae to any area of the premises that is 44 open to cu;>tomers. and advertises itself as offering "adult" or "xxx" or "x-rated" or 45 "erotic" or "sexual" or "pornographic" material on sianaae visible from a public right-of- 46 way. 47 48 (a) Specified anatomical areas: 49 (1) Less than completely and opaquely covered: 50 (i) Human genitals, pubic region, buttock; and 51 (ii) Female breast below a point immediately above the top of the 52 areola. 53 (2) Human male genitals in a discernibly turgid state, even if completely 54 and opaquely covered. 55 56 (b) Specified sexual activities: 57 (1) Human genitals in a state of sexual stimulation or arousal. 58 (2) Acts of human masturbation, sadomasochistic abuse, sexual 59 penetration with an inanimate object, sexual intercourse or sodomy. 60 (3) Fondling or other erotic touching or human genitals, pubic region, 61 buttock or female breast. 62 63 •••• 64 Adopted by the City Council of the City of Virginia Beach on the day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ ~-' City Attorney's Office CA11288 R-2 October 6, 2009 2 Item #8 City of Virgini~~ Beach An Ordinance t~~ amend the City Zoning Ordinance Section 111 Pertaining to tlhe definition of adult bookstores January 13, 2010 CONSENT Jay Bernas: Th~~ next matter on the agenda is agenda item 8. This is an application of the City of Virginia Beach. It's an ordinance to amend the City Zoning Ordinance Section 111 pertaining to the definition of adult book stores. We got Kay Wilson here. Kay Wilson: Thank you Mr. Bernas. This is an amendment that has been requested by Councilman Davis in order to expand the definition of adult bookstores, and will lower the percentage required of display area or merchandise or income from 25 percent to 20 percent. It will also classifi~ those retail merchants who hold themselves as an adult business as an adult bookstore. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? I would like to make a motion to approve agenda item 8. Donald Horsley: Second. Joseph Strange: A motion has been made and seconded to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 8. 1~1 mu ~ ~~ .....,tiyh~ ~~~ ~~,-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Section 111 and 401 and Add Section 209.1 of the City Zoning Ordinance defining "Farm Winery," establishing Farm Wineries as a Permitted Use in the AG-1 and AG-2 Agricultural Districts, and setting forth regulations pertaining to such use. MEETING DATE: February 9, 2010 ^ Background: The City Zoning Ordinance does not currently list farm wineries as a permitted or conditional use. There is, however, interest within the city for the use, and the proposed amendments will add Farm Wineries as a Permitted Use in the AG-1 and AG-2 Agricultural Districts. ^ Considerations: The definition of a Farm Winery, which is included as part of the attached package as an amendment to Section 111, is based on the definition from Section 4.1-100 of the Code of Virginia for this use. Farm Wineries are tightly regulated by the Alcoholic Beverage Control (ABC) Board, and the Code of Virginia provides that the use is not to be regulated by localities except for the purpose of controlling special events to ensure that the impacts of such events are consistent with any other type of special event. Thus, Sections (d), (e), and (f) of the proposed amendments regulate special events associated with a Farm Winery. Section (c) of the proposed amendments enumerates the activities that are explicitly allowed by state law at Farm Wineries licensed by the ABC Board. There was no opposition to the proposed amendment. /Y ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendment to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing City of Virginia Beach -Farm Wineries Amendment Page 2 of 2 Recommende~~ Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S k ~~~1, 14 January 13, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE: FARM WINERIES REQUEST: An Ordinance to Amend the Section 111 and 401 and Add Section 209.1 of the City Zoning Ordinance defining "Farm Winery," establishing Farm Wineries as a Permitted Use in the AG-1 and AG-2 Agricultural Districts, and setting forth regulations pertaining to such use. SUMMARY OF AMENDMENTS The proposed amendments are intended to add Farm Wineries as a Permitted Use in the AG-1 and AG-2 Agricultural Districts. There is interest among property owners to have a Farm Winery. The definition of a Farm Winery, which is included as part of the attached package as an amendment to Section 111, is based on the definition from Section 4.1-100 of the Code of Virginia for this use. Farm Wineries are tightly regulated by the Alcoholic Beverage Control (ABC) Board, and the Code of Virginia provides that the use is not to be regulated by localities except for the purpose of controlling special events to ensure that the impacts of such events are consistent with any other type of special event. Thus, Sections (d), (e), and (f) of the proposed amendments regulate special events associated with a Farm Winery. Section (c) of the proposed amendments enumerates the activities that are explicitly allowed by state law at Farm Wineries licensed by the ABC Board. RECOMMENDATION Staff recommends approval of the amendments. CITY OF VIRGINIA BEACH -FARM WINERIES AMENDMENT Agenda Item 14 Page 1 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 401 2 AND ADD A NEW SECTION 209.1 OF THE CITY ZONING 3 ORDINANCE, DEFINING "FARM WINERY," 4 ESTABLISHING FARM WINERIES AS A PERMITTED USE 5 1N THE AG-1 AND AG-2 AGRICULTURAL DISTRICTS, 6 AND SETTING FORTH REGULATIONS PERTAINING TO 7 SUCH USE 8 9 Sections Amended: City Zoning Ordinance Sections 10 111 and 401 11 12 Section Added: City Zoning Ordinance Section 209.1 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so rE~quire; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIR~3INIA: 19 20 That ~~ections 111 and 401 of the City Zoning Ordinance are hereby amended, 21 and a new ~~ection 209.1 of the City Zoning Ordinance is hereby added, to read as 22 follows: 23 24 ARTICLE 1. GENERAL PROVISIONS 25 26 .,.. 27 28 Sec. 111. Definitions. 29 30 For the; purpose of this ordinance, words used in the present tense shall include 31 the future; w~~rds used in the singular number include the plural and the plural the 32 singular; the use of any gender shall be applicable to all genders; the word "shall" is 33 mandatory; tt~e word "may" is permissive; the word "land" includes only the area 34 described as l~eing above mean sea level; and the word "person" includes an individual, 35 a partnership, association, or corporation. 36 37 In addition, the following terms shall be defined as herein indicated: 38 39 .... 40 41 Farm V+Jinerv. An establishment licensed as a farm winery pursuant to Virginia 42 Code Section 4.1-207 (5) and located on a farm having a producing vineyard orchard 43 or similar growin area or a reements for urchasin ra es or other fruits from 44 agricultural gr~~wers within the Commonwealth and with facilities for fermentin and 45 bottling wine on the premises, where the owner or lessee manufactures wine that 46 contains not more than 18 percent alcohol by volume. 47 48 As used in this definition, the terms "owner" and "lessee" includes a cooperative 49 formed by an association of individuals for the purpose of manufacturing wine. In the 50 event such cooperative is licensed as a farm winenr, the term "farm" as used in this 51 definition includes all of the land owned or leased by the individual members of the 52 cooperative within the Commonwealth of Virginia. 53 54 COMMENT 55 56 The amendment adds a definition of the term "farm winery." The definition is 57 substantively consistent with the definition of the term set forth in Virginia Code Section 4.1-100. 58 59 .... 60 61 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 62 ALL DISTRICTS 63 64 .... 65 66 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 67 PARKING AND OFF-STREET LOADING 68 69 .... 70 71 Sec. 209.1. Farm Wineries 72 73 (a) License required. No faun winery shall be operated unless it is licensed 74 as such by the Virginia Alcoholic Beverage Control Board pursuant to the applicable 75 Arovisions of Title 4.1 of the Virginia Code. 76 77 (b) Lot area. The minimum lot area for farm wineries sha(I be two (2) acres, 78 the entirety of which shall be in the Agricultural District. No farm winery shat! be located 79 on any lot that is subject to a conditional use permit allowing alternative residential 80 development pursuant to Section 405. 81 82 (c) Allowed uses. The following uses and activities are permitted at farm 83 wineries, provided that such uses and activities are not inconsistent with an 84 establishment's farm winery license: 85 86 (1) The production and harvesting of fruit and other agricultural 87 - products and the manufacturing of wine; 88 89 L2) The on-premises sale tasting or consumption of wine 90 during regular business hours within the normal course of 91 business of the farm winery 92 93 (3) The direct safe and shipment of wine by common carrier to 94 consumers in accordance with applicable provisions of Title 95 4.1 of the Virainia Code and reaulations of the Virainia 96 Alcoholic Beverage Control Board• 97 98 (4) The sale and shipment of wine to the Virainia Alcoholic 99 Beveraae Control Board licensed wholesalers and out-of 100 state purchasers in accordance with applicable provisions of 101 Title 4.1, reaulations of the Alcoholic Beveraae Control 102 Board, and federal law• 103 104 (5) The storage warehousing and wholesaling of wine in 105 accordance with Title 4.1, reaulations of the Virginia 106 Alcoholic Beverage Control Board and federal law• and 107 108 6 The sale of wine-related items that are incidental to the sale 109 of wine. 110 111 (d) Special events. Special events shall be permitted up to six (6 times per 112 year. For purposes of this section a special event is an event conducted at a farm 113 winery on a single day for which attendance is allowed only by invitation or reservation 114 and whose ~~rtlClpants do not exceed fifty (50) people Special events include but are 115 not limited to. meetin s conferences banauets dinners and other events held for the 116 pumose of m~arketin wine or at which consideration is received b the farm wine or 117 its agents. Sc~ecial events do not include private personal gatherings held by the owner 118 of a licensed !grin winery who resides at the farm winery or on property adjacent thereto 119 that is ownecl or controlled by such owner at which gatherings wine is not sold or 120 marketed and for which no consideration is received by the farm winery or its a ents 121 122 The City Council may, by conditional use permit authorize the number of special 123 events per year to exceed six (6) or the number of allowed participants to exceed fifty 124 (50}, or both. 125 126 (e) PJo kitchen permitted by the Health Department as a commercial kitchen 127 shall be allowed in conjunction with a farm winery Such kitchens may be used by 128 licensed cater~srs for the handling, warming and distribution of food but not for cooking 129 food, to be served at such special events or festivaf• 130 131 (f1 C)utdoor amplified music shall be prohibited 132 133 134 COMMENT 135 136 The section sets forth substantive requirements for farm wineries. The enumerated 137 activities set forth in Subsection (c} are explicitly allowed by state law at farm wineries that are 138 licensed by the Virginia Alcoholic Beverage Control Board and are not subject to local regulation. 139 Subsection (d) regulates special events at farm wineries and limits the number of special events at a 140 farm winery to six ((} per year and the number of persons at a special event to fifty (50) unless a 141 conditional use permit authorizes a greater number of special events per year or a greater number 142 of persons at a special event. 143 144 ARTICLE 4. AGRICULTURAL DISTRICTS 145 146 .... 147 148 Sec. 401. Use regulations. 149 150 (a) Principal and conditional uses. The following chart lists those uses 151 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 152 the respective agricultural districts shall be permitted as either principal uses indicated 153 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 154 "X" shall be prohibited in the respective districts. No uses or structures other than as 155 specified shall be permitted. 156 157 Use AG-1 AG-2 158 159 .... 160 161 Farm wineries, subject to the provisions 162 of Section 209.1. P P 163 164 .... 165 166 COMMENT 167 168 The section establishes farm wineries as a permitted principal use in the AG-1 and AG-2 169 Agricultural Zoning Districts. Section 209.1, set forth above, contains substantive requirements 170 pertaining to the use. 171 172 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ~ ~ l~ ~ ~ ~~ Planni DE~partment Citj~A orney's Office CA11290 R-5 January 4, 2010 Item #14 City of Virginia Beach An ordinance to amend Section 111 and 401 and add New Section 406 of the City Zoning Ordinance Pertaining To the definition, Use, and Regulations of Farm Wineries January 3, 2010 CONSENT Jay Bernas: The next matter on the agenda is agenda item 14. This is an application of the City of Virginia Beach. It's an ordinance to amend Section 111 and 401 and add Section 406 of the City Zoning Ordinance pertaining to the definition, use and requirements of Farm Wineries. Kay Wilson: Thank you Mr. Bernas. This will add farm wineries as a permitted use in the Agricultural Districts. It also lists out those activities that will be permitted. These are required to be permitted by the Virginia Code. The processing, the storage, as well as tastings, and the incidental sale of wine related items. It also allows there to be six special events for under 50 people, per year, at the farm wineries. Any others would require a City Council Conditional Use Permit. There is no provision for having a commercial kitchen or for amplified outdoor music. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Al Henley: I actually got one speaker in opposition. Joseph Strange: We'll have to move it to the hearing. Al Henley: Fine. Jay Bernas: Okay. REGULAR Joseph Strange: Earlier, we had item 14 on the consent agenda and it was moved off because we thought we had some discussion. They filled out the paperwork wrong. So, we're going to skip over to item 14 real quick and cover that one. Al Henley: The next item would be item 14. We're skipping up a little bit and we're going back. The City of Virginia Beach, an ordinance to amend Section 111 and 401 and add Section 406 to the City Zoning Ordinance pertaining to the definition, use, and requirements of farm wineries. Joseph Strange: Kay has already addressed this item. So, is there any discussion among the Commissioners? Donald Horsley: So, there wasn't any opposition? Item # 14 City of Virginia Beach Page 2 Joseph Strange: There was no opposition. It was originally on the consent agenda. We thought we had some opposition in the beginning. Donald Horsley:. I move it be approved. Joseph Strange: Moved to be approved by Don Horsley. Janice Anderson.: Second. Joseph Strange: Seconded by Jan Anderson. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application for the City of Virginia Beach for Farm `Vineries. u eg,~ ~" ~~ ~~ f= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Section 111 and add new Section 217 to the City Zoning Ordinance, defining monument signs and electronic display signs and establishing requirements for such signs MEETING DATE: February 9, 2010 ^ Background: The City of Virginia Beach currently has no regulations specific to signs that utilize these technologies. The Zoning Ordinance is silent on the use of electronic display elements as part of a sign. As a result, electronic display elements, as part of a sign or as an entire sign face, have made a steady advance across the city when new signs have been installed. As noted above, with the increased sophistication of digital sign technology, the slowly decreasing costs, and the plethora of advertising alternatives electronic display signs offer, such signs are becoming, if not are, the standard for signage. The near future could see the replacement of standard plastic-based sign faces that are internally illuminated with electronic display faces consisting of images that can be easily manipulated. The opportunity provided to advertisers and businesses by electronic displays presents the City with a challenge of regulating these new types of signs to ensure the public health, safety, and welfare are not adversely impacted due to the ability of the technology to produce on the sign face rapid movement, intense color, and excessive brightness. These signs can be, and many are, a distraction to vehicle drivers. Dynamic electronic display signs have the capability of operating in many different modes, ranging from static messages to scrolling text to full motion video. ^ Considerations: The attached staff report summarizes two distinct sets of proposed amendments, one being the amendments referred to the Planning Commission from the City Council (the "Referred Version") and the other being the amendments developed by the Planning Commission (the "Alternate Version"). Both sets of the proposed amendments are the result of extensive research by the Planning staff and the City Attorney's Office pertaining to the technology used in electronic display signs, the available research literature regarding the potential distraction effect of signs with moving images, and other ordinances across the United States that regulate these signs. There was opposition to the proposed amendment. City of Virginia E3each -Electronic Display Signs Amendment Page2of2 ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-1, voted to recommend approval of the Alternate Version to the City Council. ^ Attachments: Staff Review `Referred) Version' Ordinance `Alternative Version' Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval of the `Alternate Version'. Planning Commission recommends approval of the `Alternate Versio '. Submitting DepartmentlAgency: Planning Department City Manager k , '"Vs~ ~~~ ~ 13 January 13, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE: ELECTRONIC DISPLAY SIGNS STAFF PLANNER: Stephen J. White REQUEST: An Ordinance to amend Section 111 and add new Section 217 to the City Zoning Ordinance, defining monument signs and electronic display signs and establishing requirements for such signs. This item was deferred on September 9 and October 14, 2009 to provide time for additional input from the public and stakeholders. On November 9, 2009, the Planning Commission held a public comment and workshop session. Since that time, a subcommittee of the Commission has been working with staff and the City Attorney's Office to develop an alternative set of amendments based on received comments. BACKGROUND Signs, of every size and type, have been used throughout history to capture the attention of those passing the sign for the primary purpose of promoting an event, product, business, or attraction, as well as providing directions. Before the 20"' century, one characteristic that most all signs shared was that they were 'static.' The signs had no moving parts controlled by mechanical devices and the only means of changing the message was to replace the sign or repaint it. With the advent of readably-available devices powered by electricity, the character of signs began to change. Signs became more `dynamic' in an attempt to use whatever means possible to attract attention, particularly when the sign was promoting something similar to what was being promoted by other signs in close proximity. Moreover, as the speed at which the various modes of transportation increased, the need to `grab' the attention of those passing by became even more critical to those advertising; thus, the desire for increasingly more complex dynamic sign elements became a hallmark of signage throughout the 20"' century. The earliest of the dynamic elements on signage consisted of flashing light bulbs or alternating tubes of neon. Some signs used mechanical elements, such as a waving arm attached to a static image of a person or steam billowing from a static image of a coffee cup. During the last quarter of the 20"' century, with the introduction of computers, light-emitting diodes (LEDs), and miniaturization of mechanical and electronic devices, the dynamic nature of signs became more sophisticated, ranging from the use of bulbs and LEDs to provide static and dynamic messages as part of a sign (such as time and temperature) to 'tri- vision' billboards and freestanding signs that possess multiple message faces created by numerous multi- sided vertical strips built into the sign case, which, when rotated in unison, produce a single image. CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY SIGNS Agenda Item 13 Page 1 The increasing sophistication of computers, digital technology, materials, and the Internet, as well as the reduction in cost of LED displays have resulted in the proliferation LED signage as an increasingly popular method of attracting attention and conveying desired messages. Current LED technology allows for a wide r~inge of colors, messages, and images depending on the level of technology. Other technologie;~ include "digital ink" signs that offer a changeable medium on a surface that looks like a normal vinyl sign face. These signs manipulate 'ink' on the surface, allowing for a dynamic presentation of images without being internally illuminated. The City of Virginia Beach currently has no regulations specific to signs that utilize these technologies. Digital billboards are not permitted in the City of Virginia Beach, as billboards of any type are not permitted and structural changes to existing, nonconforming billboards are not allowed. The Zoning Ordinance, however, is silent on the use of electronic display elements as part of a sign. As a result, electronic display elements, as part of a sign or as an entire sign face, have made a steady advance across the city when new signs have been installed. As noted above, with the increased sophistication of digital sign t~:chnology, the slowly decreasing costs, and the plethora of advertising alternatives electronic display sign;> offer, such signs are becoming, if not are, the standard for signage. The near future could see the repl~~cement of standard plastic-based sign faces that are internally illuminated with electronic display facer consisting of images that can be easily manipulated. The opportunity provided to advertisers and businesses by electronic displays presents the City with a challenge of regulating these new types of signs to ensure the public health, safety, and welfare are not adversely impacted due to the ability of the technology to produce on the sign face rapid movement, intense color, and excessive brightness. These signs can be, and many are, a distraction to vehicle drivers. Dynaamic electronic display signs have the capability of operating in many different modes, ranging from static messages to scrolling text to full motion video. There is currently no definitive proof of a causal connection between dynamic electronic display signs and highway accidents, primarily because, at present, it is not possible to conduct controlled roadway driving studies where controlled roadways are filled with hundreds of cars operating under normal driving conditions. There have been studies, however, that indicate such signs do not cause a distraction significant enough to result in a vehicle collision; there are also studies that indicate the opposite. None of the studies c,3n be considered to be 'definitive' regarding the issue. However, some level of regulation of this quickly proliferating sign technology may be necessary to protect the public health, safety, and welfare. SUMMARY OF AMENDMENTS The following section of this report summarizes two distinct sets of proposed amendments, one being the amendments sent to the Planning Commission from the City Council (the "Referred Version") and the other being ttie amendments developed by the Planning Commission subcommittee (the "Alternative Version"). Both sets of the proposed amendments are the result of extensive research by the Planning staff and the City Attorney's Office pertaining to the technology used in electronic display signs, the available research literature regarding the potential distraction effect of signs with moving images, and other ordinances across the United States that regulate these signs. Summary of `Referred Version' Section 111 -Definitions The ~~mendments in Lines 33-39 define the term "electronic display sign." Specifically excluded from the definition are ordinary time/temperature signs that do not alternate cycles more CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY SIGNS Agenda Item 13 Page 2 frequently than every five seconds. The remaining amendments to the section refine the definition of the term "monument sign." Section 217 This is a new section for the Zoning Ordinance. The proposed amendments in this section allow electronic display signs only in the following zoning districts or special situations: In conjunction with schools and other public uses in all zoning districts; In public parks (with the approval of the City Council); and In the B-1A though B-4C Business Districts, which encompasses all Business Districts except the B-1 Neighborhood Business District and B-4K Historic Kempsville Area Mixed Use District; however, since all freestanding signs in the B-3A and B-4C Districts require the approval of the City Council under the current provisions of Section 905 (d) (4) of the Zoning Ordinance, electronic display signs in those two districts would require City Council approval. The amendments also provide that electronic display signs (1) are not permitted within any Historic and Cultural District, (2) cannot be located within 150 feet of a Residential or Apartment zoning district, and (3) are allowed by conditional use permit in conjunction with assembly uses (churches) located in any Residential or Apartment zoning district. The amendments further note that electronic display signs must, in addition to the provisions of this proposed section, conform to the City's general sign regulations contained in Part B of Article 2 of the City Zoning Ordinance. Only one electronic display sign is allowed per zoning lot. In addition, there are a number of requirements specific to electronic display signs that address the special characteristics of such signs: • Only one electronic display sign is allowed on any zoning lot; • Cannot exceed a height of eight feet, must be monument style, and the area of the sign face devoted to the electronic display cannot exceed 32 square feet; • No portion of the material displayed by any sign, including backgrounds, colors, pictures, lettering, pictures or other graphics, can be changed more frequently than once every five seconds; • All wiring to the sign must be installed underground; • Video displays or audio speakers on, or electronically connected to, the signs are not permitted; • The signs cannot exceed a maximum illumination of five thousand (5,000) candelas per square meter from sunrise to sunset or five hundred (500) candelas per square meter between sunset and sunrise, as measured from the sign face at maximum brightness; • Signs must be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level; and • No electronic display sign can advertise or direct the attention of the general public to an establishment, business, or service that is located on a separate site from the zoning lot on which the sign is located. This provision is consistent with the City's prohibition of billboards. Summary of `Alternative Version' The 'Altemative Version' developed by the Planning Commission's subcommittee is equivalent to the 'Referred Version' except for the following: CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY SIGNS Agenda Item 13 Page 3 • The definition of an electronic display sign adds "motor vehicle fuel prices displayed continuously," which effectively exempts gas station fuel price signs that use electronic display technology (line 39); • Hotels in the RT-1 Resort Tourist District are added to the list of allowable uses where electronic display signs are allowed (line 84); • Changes the process of approval for the use of an electronic display sign in the B-3A and B-4C Business Districts from a Conditional Use Permit to action by the City Council, which is consistent with the existing method of approval in those districts for a freestanding sign (lines 91-93); • Clarifies that no use or establishment is allowed to have an electronic display sign unless the use ore:~tablishment is allowed to have a freestanding sign under the applicable district sign regulations (lines 98-101); • Further refines the limit on the maximum area of a sign encompassed by an electronic display, noting that the display cannot exceed 32 square feet or 50 percent of the total area of the sign face, whichever is less (lines 109-111); • Instead of the full-color electronic display allowable under the Referred Version, this Alternative Version limits the display by not allowing "any pictures, other graphic elements, or any matter other than text of a single color, without background illumination" (lines 124-126); and • The Referred Version specifies that display messages cannot change more quickly than every five :seconds. This Altemative Version specifies that display messages cannot change more quickly than one every minute. The amendments further require that the method of change be instantaneous rather than through scrolling, flashing, blinking, or any type of similar intermittent illumination (lines 128-132). RECOMMENDATION Staff recommends approval of the 'Alternate Version' developed by the Planning Commission's subcommittee. As opposed to the Referred Version, the Alternative Version provides a level of regulation that is more consistent with the quality of visual environment envisioned by the Comprehensive Plan while still pro'/iding property owners the opportunity to convey messages regarding their goods and services. CITY OF VIRGINIA BEACH -ELECTRONIC DISPLAY SIGNS Agenda Item 13 Page 4 1 REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA 2 3 4 AN ORDINANCE TO AMEND SECTION 111 AND ADD 5 NEW SECTION 217 TO THE CITY ZONING ORDINANCE, 6 DEFINING MONUMENT SIGNS AND ELECTRONIC 7 DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS 8 FOR SUCH SIGNS 9 10 Section Amended: City Zoning Ordinance Section 111 11 12 Section Added: City Zoning Ordinance Sections 217 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 111 of the City Zoning Ordinance is hereby amended and 20 reordained, and a new Section 217, pertaining to electronic display signs, is hereby 21 added, to read as follows: 22 23 Sec. 111. Definitions. 24 For the purpose of this ordinance, words used in the present tense shall include 25 the future; words used in the singular number include the plural and the plural the 26 singular; the use of any gender shall be applicable to all genders; the word "shall" is 27 mandatory; the word "may" is permissive; the word "land" includes only the area 28 described as being above mean sea level; and the word "person" includes an individual, 29 a partnership, association, or corporation. 30 31 In addition, the following terms shall be defined as herein indicated: 32 .... 33 Sign, electronic display. A sign containing light emitting diodes (LEDs), fiber 34 optics, light bulbs, plasma display screens or other illumination devices, or a series of 35 vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that 36 are used to change the messages, intensity of light or colors displayed by such sign. 37 The term shall not include signs on which lights or other illumination devices display 38 only the temperature or time of day in alternating cycles of not less than five (5) 39 seconds 40 41 Sign, monument. A freestanding sign supported primarily by internal structural 42 framework or integrated into landscaping or other solid structural features other than 43 support poles, and the base of which is at least seventy-five (75) percent of the total 44 width of the sign. Monument signs have the following additional characteristics• 45 46 (a) The width of the base does not exceed twice the height of the total sign 47 structure and does not extend more than one (1) foot beyond either outside edge of the 48 face of the sigr1 49 50 (b) The height of the base is between eighteen (18) inches and four (4) feet• 51 and 52 53 (c) The maximum height of the sign as measured from ground level does not 54 exceed eight (ft feet. 55 56 COMMENT 57 The amendments in Lines 33-39 define the term "electronic display sign." Specifically 58 excluded from the definition are ordinary time/temperature signs that do not alternate cycles more 59 frequently than Every five seconds. The remaining amendments to the section refine the definition 60 of the term "monument sign." 61 62 .... 63 64 65 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 66 TO ALL DISTRICTS 67 68 .... 69 70 B. SIGN REGULATIONS 71 72 .... 73 74 Sec. 217. Electronic disalay signs. 75 76 (a) Electronic display signs shall be allowed only in the B-1A through B-4C 77 Business Districts; provided, however, that no such signs shall be allowed in any 78 Historic and Cultural District, and provided further, that in the B-3A Pembroke Central 79 Business Core District and the B-4C Central Business Mixed Use District. such signs shall 80 be subject to aG~proval of the Citv Council pursuant to Section 905 (d) (4). 81 82 (b) Electronic display signs shall conform to the provisions of this section and 83 to all applicable:general sign regulations set forth in Part B of Article 2. 84 2 85 (c) Electronic display signs shall conform to the following requirements: 86 87 (1) No more than one such sign shall be permitted on any zoning lot; 88 89 (2) No such sign shall exceed a height of eight (8) feet or thirty-two 90 (32) square feet per face; 91 92 (3) Such signs shall be monument -style, as set forth in Section 111, 93 provided, however, that in the B-3A Pembroke Central Business 94 Core District and B-4C Central Business Mixed Use District, the 95 City Council may allow an establishment to have one (1) electronic 96 display sign in lieu of a building identification sign; 97 98 (4) No such sign shall advertise or direct the attention of the general 99 public to an establishment, business or service that is located on a 100 separate site from the zoning lot on which the sign is located; 101 102 ~5) No portion of the material displayed by any such sign, including 103 backgrounds, colors, pictures, lettering, pictures or other graphics, 104 shall be changed more frequently than once every five (5) seconds; 105 106 S6) Video displays or audio speakers on, or electronically connected to, 107 such signs shall not be permitted; 108 109 ~7) Such signs shall not exceed a maximum illumination of five 110 thousand (5,000) candelas per square meter from sunrise to sunset 111 or five hundred (500) candelas per square meter between sunset 112 and sunrise, as measured from the sign face at maximum 113 brightness, and shall be equipped with a working dimmer control 114 device capable of automatically reducing the illumination to the 115 required sunset-to-sunrise level. 116 117 (8) The electrical service lines providing power to such signs shall be 118 underground. 119 120 121 COMMENT 122 123 The amendments allow electronic display signs only in the B-lA though B-4C Business 124 Districts (i.e., all Business Districts except the B-1 Neighborhood Business District and B-4K 125 Historic Kempsville Area Mixed Use District), and not within any Historic and Cultural District. 126 While in most zoning districts there would be no requirement that an electronic display sign be 127 approved by the City Council, all freestanding signs in the B-3A and B-4C Districts require the 128 approval of the City Council under existing CZO Section 905 (d) (4). For that reason, electronic 129 display signs in the B-3A and B-4C Districts would require City Council approval. 3 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 The amendments also provide that electronic display signs must, in addition to the provisions of thiis section, conform to the City's general sign regulations contained in Part B of Article 2 of the City Zoning Ordinance. In addition, there are a number of requirements specific to electronic display signs that address the special characteristics of such signs. These requirements pertain to size, height, frequency of mf~ssage changes, wiring, sound and illumination. In addition, subdivision (c) (4) prohibits electronic display signs from advertising or directing the attention of the general public to an establishment, business or service that is located on a separate site from the sign. This provision is consistent with. the City's prohibition of billboards. Adopted) by the Council of the City of Virginia Beach, Virginia, on the 2009. APPROVED AS TO LEGAL SUFFICIENCY: c City Attorney's Office CA 10718 R-8 August 4, 2009 day of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ALTERNATE VERSION AN ORDINANCE TO AMEND SECTION 111 AND ADD NEW SECTION 217 TO THE CITY ZONING ORDINANCE, DEFINING MONUMENT SIGNS AND ELECTRONIC DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS FOR SUCH SIGNS Section Amended: City Zoning Ordinance Section 111 Section Added: City Zoning Ordinance Sections 217 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance is hereby amended and reordained, and a new Section 217, pertaining to electronic display signs, is hereby added, to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Sign electronic display A sign containing light emitting diodes (LEDs), fiber optics light bulbs plasma display screens or other illumination devices, or a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that are used to change the messages intensity of light or colors displayed by such sign. The term shall not include signs on which lights or other illumination devices display only the temperature or time of day in alternating cycles of not less than five (5) seconds or only motor vehicle fuel prices displayed continuously. 40 41 Sign, monument. A freestanding sign supported primarily by internal structural 42 framework or integrated into landscaping or other solid structural features other than 43 support poles, and the base of which is at least seventy-five (75) percent of the total 44 width of the sign. Monument signs have the following additional characteristics• 45 46 a Tl~e width of the base does not exceed twice the height of the total sign 47 structure and d~~es not extend more than one (1) foot beyond either outside edge of the 48 face of the sign 49 50 (b) Tl~e height of the base is between eighteen (18) inches and four (4) feet• 51 and 52 53 c TF~e maximum height of the sign as measured from ground level does not 54 exceed eight (8 feet. 55 56 COMMENT 57 The amendments in Lines 33-39 define the term "electronic display sign." Specifically 58 excluded from thE~ definition are ordinary time/temperature signs that do not alternate cycles more 59 frequently than every five seconds and signs continuously displaying only gasoline prices. The 60 remaining amendments to the section refine the definition of the term "monument sign." 61 62 .... 63 64 65 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 66 TO ALL DISTRICTS 67 68 .... 69 70 B. SIGN REGULATIONS 71 72 .... 73 74 Sec. 217. Electronic display signs. 75 76 a EIE:ctronic display signs shall conform to the provisions of this section all 77 applicable general sign regulations set forth in Part B of Article 2 and all applicable sign 78 regulations of the district in which an electronic display sign is located. 79 80 (b) Electronic display signs shall be allowed: 81 82 ~ In the 6-1A, B-2, 6-3 and B-4 Business Districts; 83 84 ~2) In conjunction with hotels in the RT-1 Resort Tourist District; 85 86 (3) In conjunction with schools or other public uses in any zoning 87 district provided that electronic display signs in conjunction with 88 public parks shall be allowed only with the approval of the City 89 Council 90 91 (4) In the B-3A Pembroke Central Business Core District and the B-4C 92 Central Business Mixed Use District with the approval of the City Council; 93 and 94 95 (5) By conditional use permit in conjunction with assembly uses 96 located in a Residential or Apartment District. 97 98 (c) No electronic display sign shall be erected in conjunction with any use or 99 establishment unless such use or establishment is allowed to have a freestanding sign 100 under applicable district sign regulations and no such sign shall be allowed in any 101 Historic and Cultural District. 102 103 ~d) Electronic display signs shall conform to the following requirements: 104 105 (1) No more than one such sign shall be permitted on any zoning lot; 106 107 (2) No such sign shall exceed a height of eight (8) feet; 108 109 (3) The area encompassed by an electronic display shall not exceed 110 fifty per cent (50%) of the total area of the sign face or thirty-two 111 X32) square feet per face, whichever is less; 112 113 (4) Such signs shall be monument -style in accordance with Section 114 111 provided however that in the B-3A Pembroke Central 115 Business Core District and B-4C Central Business Mixed Use 116 District the City Council may allow an establishment to have one 117 wall-mounted (1) electronic display sign in lieu of a building 118 identification sign; 119 120 (5) No such sign shall advertise or direct the attention of the general 121 public to an establishment business or service that is located on a 122 separate site from the zoning lot on which the sign is located; 123 124 (6) The electronic display portion of such signs may not display any 125 pictures other graphic elements or any matter other than text of a 126 single color, _without background illumination; 127 128 ~'~ All electronic displays shall remain static for a period of at least one 129 ~1) minute, and change sequences shall be accomplished by 130 means of instantaneous re-pixelization. Scrolling flashing blinking 131 or any other type of intermittent illumination of elements of the 132 display shall be prohibited; 133 134 ,~~) Audio speakers on, or electronically connected to such signs shall 135 not be permitted; 136 137 ~9~) Such signs shall not exceed a maximum illumination of five 138 thousand (5,000) candelas per sauare meter from sunrise to sunset 139 or five hundred (500) candelas per square meter between sunset 140 and sunrise, as measured from the sign face at maximum 141 brightness, and shall be eauipped with a working dimmer control 142 device capable of automatically reducing the illumination to the 143 required sunset-to-sunrise level. Prior to the issuance of a sign 144 permit, the applicant shall provide written certification from the sign 145 manufacturer that the light intensity has been factory pre-set not to 146 exceed the maximum intensity level. 147 148 X10) The electrical service lines providing power to such signs shall be 149 underground. 150 151 152 COMMENT 153 154 The amendments allow electronic display signs by right only in certain zoning districts or in 155 conjunction with certain uses, such as schools and other public uses, with the exception of public 156 parks. In other places, such as public parks and assembly uses in Residential and Apartment 157 Districts, electronic display signs are allowed with a City Council approval. 158 159 The amendments also provide that electronic display signs must, in addition to the 160 provisions of this section, conform to the City's general sign regulations contained in Part B of 161 Article 2 of the (:ity Zoning Ordinance and to the applicable sign regulations of the district in 162 which the sign is located. In particular, the ordinance makes it clear that an electronic display sign 163 is permitted only if a freestanding sign is allowed by the district regulations applicable to the site. 164 165 In addition, there are a number of requirements specific to electronic display signs that 166 address the special characteristics of such signs. These requirements pertain to size, height, 167 frequency of message changes, wiring, sound and illumination. In addition, the ordinance prohibits 168 electronic display signs from advertising or directing the attention of the general public to an 169 establishment, bu:3iness or service that is located on a separate site from the sign. This provision is 170 consistent with the City's prohibition of billboards. 171 172 173 174 Adopted by the Council of the City of Virginia Beach, Virginia, on the 175 day of , 2010. 176 Approved as to Content: Planni partment ,~ Approved as to Legal Sufficiency: City Attorney's Office CA10718 R-14 January 28, 2010 APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ~c~~c~k~'c*~c~'c~c***9c~c~'c~c*~'c~*~c*~c*~c*~c*~c~c~c** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY OF VIRGINIA BEAC'FI SUMMARY OF COUNCIL AI~TIONS DATE: 1/26/2010 PAGE: t D S AGENDA E D H E V W ITEM # SUBJECT MOTION VOTE D A S T I E E J S U A I D N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D UA BRIEFINGS: INTERIM FINANCIAL STATEMENT patricia Phillips, Director - Finance B WILLIAMS FARM REC CENTER Cindy Curtis, Director -Parks and Recreation C ANIMAL SHELTER CONSTRUCTON/ David Hansen, OPERATIONS COST ESTIMATES Deputy City ' Manager IUIIUNN/ CERTIFICATE OF CLOSED SESSION CERT~'IED 10-0 Y Y Y Y Y Y Y Y - Y Y E F-1 MINUTES: INFORMAL/FORMAL -January 12/ APPROVED 10-0 Y Y Y Y Y Y Y Y - Y Y 2 SPECIAL FORMAL/CLOSED SESSIONS-January 19, 2010 G/H-1 MAYOR'S PRESENT,t+TION PROCLAMATION - U.S. Census Bureau patricia Knight, and City Partnership US Census S cialist I-1 PUBLIC HEARINGS: SALE OF EXCESS PROPERTY NO SPEAKERS 1108 Jackson Street 2 LEASE OF CITY-OWNED PROPERTY - NO SPEAKERS Virginia Beach Farmers Market a. Elaine Jenkins (t/a K:empsville Florist, Inc. S ace No. 11 J/K-l.a Ordinances to AMEND the City Code: DEFERRED TO ]0-0 Y Y Y Y Y Y Y Y - Y Y 2/23/10, BY §23-50.1 re penalty for failure to comply CONSENT in removal of trees b. §23-50 re penalty for failure to comply with cutting excessive growth of weeds/ rsss 2 Ordinance DECLARING property at 1108 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y Jackson Street EXCESS/A-UTHORIZE CONSENT sale to Ga Kimnsch C/TY OF VIRC/NIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 1 /26/2010 PAGE: 2 D S E D H E V W AGENDA D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D 3 Ordinance to AUTHORIZE/City Manager ADOPTED, BY 9-1 Y N Y Y Y Y Y Y - Y Y to ACCEPT gifts/donatioosnnt to exceed CONSENT $25,000 4 Ordinance to AUTHORIZE lease at ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y Farmers Market with Kempsville Florist, CONSENT Inc. 5 Resolution in SUPPORT of Grant to DCR ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y re trails in Marshview CONSENT Park/AUTHORIZE A reement 6 Resolution DECLARING Sheriffs lease ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y of electronic monitoring equipment CONSENT terminated 7.a Resolutions to REQUEST VDOT ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y ACCEPT: CONSENT additional IocaVcollector /arterial streets b. changes to urban maintenance funding invento 8.a Resolutions re Appointive ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y Bosrds/Commissions: CONSENT Re-Establish Advertising Advisory Committee b. Increase Membership: Bikeways/Trails Adviso Committee 9 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y $2,000 from Va Forestry/ CONSENT Conservation/Itecreation to Parks/Rec re Urban Tree Cauo Anal sis 10 Ordinance to TRANSFER $1,649,705 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y - Y Y from FY 2009-2010 Schools to Energy CONSENT Performance Contracts 11 Ordinance to AWARD $135,000 in EDIP ADOPTED, BY 7-1 Y N Y Y Y Y A Y - A Y Runnymede Corp Pavilion Center II CONSENT AS B B AMENDED S S T T A A I I N N E E D D C/TY OF VIRG/NIA BEA(;H SUMMARY OF COUNCIL ACTIONS DATE: 1/26/2010 PAGE: 3 D S AGENDA E D H E V W ITEM # SUBJECT MOTION VOTE D S I E J S U A I A T E D N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D L-1 LAURIE RICHARDSI GREEN NO ACTION g y C O N S E N S U S PARROT GRILLE/KAY BURTON Expansion of a Nonconforming Structure at 4494 Lookout Road due: to sign not being sled DISTRICT 4 -BAYSIDE M-l HELLS KITCHEN O:Y THE APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y y BAY/CHESAPEAKE BEACH CONDITIONED, COMMONS, LLC Expansion of BY CONSENT Nonconforming Structure at 4600 Lookout Road re roof covering over deck DISTRICT 4 -BAYSIDE 2 VIKING MOTEL CORPORATION ADOPTED/ 10-0 Y Y Y Y Y Y Y Y - Y y closure of portion of 27-'/~ Street /mixed- use/ on the site. DISTRICT 6 -BEACH OND ONS, BY CONSENT 3 ROBERT and DORTIIY MARTINSEN APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y for closure of unimproved portion of West CONDITIONED, Va Ave/South KentucM~ Ave to incorporate BY CONSENT land with existing condo development (Kentucky Commons). DISTRICT 5 - LYNNHAVEN 4 HOME ASSOCIATES OF VIRGINIA, APPROVED AS 9.1 y y y Y N Y Y Y - Y Y INC. for Amendment to Sherwood Lakes PROFFERED, PD-H Plan at Seaboard ltoad/Golfwatch BY CONSENT Lane to replace multi-tsimily dwellings with townhouse DISTRICT 7 -PRINCESS ANNE 5 IGLESIA CRISTIANA, RIOS DE APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y AGUA VIVA/PLEASANT VALLEY CONDITIONED, ASSOC., L.L.C. CUP re religious use at BY CONSENT 4221 Pleasant Valley Ro~rd, Suite 125. DISTRICT 1 - CENTERVILLE 6 KEMPSVILLE PRESIIYTERIAN DEFERRED 10-0 Y Y Y Y Y Y Y Y - Y Y CHURCH CUP re church at North INDEFINITELY, Landing Road/Courthouse: West Neck BY CONSENT Parkway (Courthouse EsGites). DISTRICT 7 - PRINCES S ANNE 7 SEASHELL PROPERTIES, LLC CUP APPROVED/ 10-0 Y Y Y Y Y Y Y Y _ Y Y re commercial parking lot at 303 23`~ CONDITIONED, Stre;et,/2300 Atlantic Avenue,/302 Pacific BY CONSENT Avenue. DISTRICT 6 --BEACH 8 SENIOR'S UNLIMITED LIFESTYLES, APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y INC./WILLIE DONALD MARTIN, SR. CONDTfIONED, CUP re independent senior housing at BY CONSENT 5827 Burton Station Road. DISTRICT 4 - BAYSIDI~ CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 1/26/2010 PAGE: 4 D S E D H E V W AGENDA D S I E J S U A I ITEM # SUBJECT MOTION VOTE A T E D N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D 9 GARY C. KIMNACH, C/O BEACH APPROVED AS 10-0 Y Y Y Y Y Y Y Y - Y Y AUTO/WILLL4M D. IIUGRACE A. PROFFERED, FRIERSON COZ from R-10 B-1 to BY CONSENT Conditioosl I-2 at Jackson Street/South Birdneck Road re motor vehicle repair center. DISTRICT 6 -BEACH 10 ST. LUKE CATHOLIC APPROVED/ 10-0 Y Y Y Y Y Y Y Y - Y Y CHURCH/CATHOLIC DIOCESE OF CONDTI'IONED, RICHMOND Modification of Conditions/ BY CONSENT ADD portable classrooms back of existing building. DISTRICT 7 - PRINCESS ANNE N APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY Unexpired term 10-0 Y Y Y Y Y Y Y Y - Y Y COMMITTEE thru 06/30/2011 Bruce N. Do le COMMUNITY SERVICES BOARD Unexpired term 10-0 Y Y Y Y Y Y Y Y - Y Y thru 12/31/2010 plus 3 years 01/01/2011- 12/31/2013 Dr. Charles Goldman HUMAN RIGHTS COMMISSION RESCHEDULED B Y C O N S E N S U S O/P-1 NEW BUSINESS ABSTRACT OF VOTES -Special City Clerk to Record B Y C O N S E N S U S Election 1/12/2010 Q ADJOURNMENT 6:34 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL A~;.'TIONS DATE: 1/26/2010 PAGE: 1 D S AGENDA E D H E V W ITEM # SUBJECT MOTION VOTE D A S T I E D E J S U A [ N O S H C L W V E Z Y L N O R A S O I P E E E E M I N O O S H L R Y S S N T N D I CALL TO ORDER Mayor William D. Sessoms, Jr. IUIIUIVN/ CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y VUVII - Y VIII APPOINTMENT TO CITY COUNCIL Rita Sweet 10-0 Y Y Y Y Y Y Y Y - y y AT LARGE SEAL Bellitto filled unexpired term of Ron Villanueva, effective 02/23/2010 IX ADJOURNMENT