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DECEMBER 14, 2010 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM 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. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER —JAMES K. SPORE CITY ATTORNEY—MARK D. STILES C17YASSESSOR — JERALD BANAGAN CITY AUDITOR—LYNDONS. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 14 DECEMBER 2010 CITY HALL BUILDING 2401 CO UR THO USE DRI VE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION and OFFICE OF CULTURAL AFFAIRS ACTIVITIES Annie Sandler, Foundation President Emily Spruill, Director — Office of Cultural Affairs II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director — Finance Department B. PLANNING ITEMS PENDING Jack Whitney, Director — Planning C. LYNNHAVEN PARKS and RECREATION OFFICES - Nike Site David Hansen — Deputy City Manager D. LESNER BRIDGE FINANCING STRATEGY David Hansen — Deputy City Manager E. HEALTH CARE UPDATE Susan D. Watson — Deputy City Manager II. COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, DD Bayside Presbyterian 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 December 7, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 240 London Bridge Road 2. TRANSFER OF RESTRICTIVE EASEMENT 2150, 2289/2293 Lynnhaven Parkway 3. LASKIN ROAD GATEWAY PHASE III Acquisition of Roadway for Utility Improvements by Agreement or Condemnation 4. WESLEYAN DRIVE (from Northampton Boulevard to Baker Road) Acquisition by Agreement or Condemnation 5. INSTALLMENT PURCHASE AGREEMENT (ARP) Baum Road and Crags Causeway 6. LEASES OF CITY -OWNED PROPERTY a. Virginia Beach Farmers Market - Jutta Lemieszek (dba Jutta's Candles and Gifts) b. 2101 and 2109 Princess Anne Road I. CONSENT AGENDA BIDS Ordinance re BIDS for the Lease of three (3) municipally -owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 23-22.1 re drinking alcoholic beverages or tendering to another in a public place b. Section 23-57 and 18-56 re maintenance and license requirements for nail salons 2. Ordinance to DECLARE EXCESS. City -owned property at 240 London Bridge Road and AUTHORIZE the City Manager to sell the property to Davcon Incorporated 3. Ordinance to RELEASE an easement encumbering city -owned property utilized by the Parks and Recreation Department at 2150 and 2289/2293 Lynnhaven Parkway and TRANSFER the easement to the Lake Lawson and Lake Smith natural area to restrict the site to a public park and recreational purposes in perpetuity. 4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for the right-of-way of Laskin Road Gateway Phase 1-A, Phase III. 5. Ordinance to AUTHORIZE the major design features and acquisition of temporary and permanent easements, either by agreement or condemnation, for Wesleyan Drive 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Glenn A., Donald N. and Kenneth W. Baum in the amount of $374,914 at Baum Road and Crags Causeway. DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with JUTTA LEMIESZEK (dba Jutta's Candles and Gifts) for Space #30 at the Virginia Beach Farmers Market 8. Ordinance to ACCEPT and APPROPRIATE $7,515 from the Virginia Department of Motor Vehicles (DMV) to the FY 2010-11 Operating Budget of Animal Control with the Police Department to help offset the cost of sterilization programs for dogs and cats 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for Keith P. Carl to construct and maintain an existing fence, fixed pier and gravel walking path at the rear of 4824 Lake Bradford Lane. 10. Resolution to REFER to the Planning Commission City Zoning Ordinance Amendments re bars and nightclubs L. 11. Resolution to ENDORSE the application of the Department of Museums for the 2011 Transportation Enhancement Program Grant re restoration work: a. Old Cape Henry Lighthouse — Fort Story b. Ferry Plantation House - 4136 Cheswick Lane 12. Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force Report and DIRECT the City Manager to take the necessary action re the goals and recommendations of the Task Force PLANNING 1. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX IV, LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of BRENDA KAY FREEMAN/LAKE GEM D8, LLC for a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re religious use at 945A Reon Drive. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 4. Application of NEW LIFE MISSION for a Conditional Use Permit re religious use and day care at 519 N. Witchduck Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Applications re Changes of Zoning District Classifications at Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKE, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH: DISTRICT 1— CENTERVILLE (1) R-51) Residential Duplex to B-2 Community Business (2) R-51) Residential Duplex to Conditional R -5D Residential Duplex (3) R-51) Residential Duplex to Conditional B-2 Community Business RECOMMENDATION APPROVAL 6. Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan RECOMMENDATION APPROVAL M. APPOINTMENTS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CEREMONIAL OATH OF OFFICE MEMBERS OF CITY COUNCIL FORMAL SESSION 6:00 PM JANUARY 4, 2011 THE HONORABLE LESLIE L. LILLEY OFFICIATING CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER Agenda 12/14/10gw www.vb og v.com I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION and OFFICE OF CULTURAL AFFAIRS ACTIVITIES Annie Sandler, Foundation President Emily Spruill, Director — Office of Cultural Affairs II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director — Finance Department B. PLANNING ITEMS PENDING Jack Whitney, Director — Planning C. LYNNHAVEN PARKS and RECREATION OFFICES - Nike Site David Hansen — Deputy City Manager D. LESNER BRIDGE FINANCING STRATEGY David Hansen — Deputy City Manager E. HEALTH CARE UPDATE Susan D. Watson — Deputy City Manager II. COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, DD Bayside Presbyterian 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 December 7, 2010 G. FORMAL SESSION AGENDA Itroolutiott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE 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. SALE OF EXCESS CITY PROPERTY 240 London Bridge Road 2. TRANSFER OF RESTRICTIVE EASEMENT 2150, 2289/2293 Lynnhaven Parkway 3. LASKIN ROAD GATEWAY PHASE III Acquisition of Roadway for Utility Improvements by Agreement or Condemnation 4. WESLEYAN DRIVE (from Northampton Boulevard to Baker Road) Acquisition by Agreement or Condemnation 5. INSTALLMENT PURCHASE AGREEMENT (ARP) Baum Road and Crags Causeway 6. LEASES OF CITY -OWNED PROPERTY a. Virginia Beach Farmers Market - Jutta Lemieszek (dba Jutta's Candles and Gifts) b. 2101 and 2109 Princess Anne Road PUBLIC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of property located at 240 London Bridge Road, GPIN: 1497-92-7550, Tuesday, December 14, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERIC'S OFFICE at 385. 4303; Hearing impaired, call 1-800- 828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges FraX-C City Clerk Beacon: Dec 5, 2010 k` PUBLIC HEARING TRANSFER OF EASEMENT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed transfer of a restrictive easement over city property on Tuesday, December 14, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. The city currently owns properties located at 2150 Lynnhaven Parkway and 2289/2293 Lynnhaven Parkway which are encumbered by an easement restricting the properties to recreational use. The city proposes transferring the restrictive easement to property acquired in the Lake Lawson/Lake Smith Natural Area. The restrictive easement will cover approximately thirty-eight (38) acres of property located in the vicinity of the 5400 block of Shell Road in the Bayside District, for active and passive recreational use and natural resource management of the property. The purpose of this Hearing will be to obtain public input to determine whether this restrictive easement should be transferred to the Lake Lawson/Lake Smith Natural Area. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call 1-800- 828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Parks and Recreation, Municipal Building #21, Room 392, (757) 385- 1109. Ruth Hodgesr , MMC City Clerk Beelcon: Dec 5, 2010 CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of certain property and easements necessary for the Laskin Road Gateway Phase 1-A Project (CIP #2-143) • Phase III, Tuesday, December 14, 2010, at 6:00 PM, in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "LASKIN ROAD GATEWAY PHASE 1-A • CIP 2- 143 • PHASE III - 31ST STREET (LASKIN ROAD) ROADWAY AND UTILITY IMPROVEMENTS" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. In addition to parcels in the plans, easements will be acquired from additional parcels 4, 8, 9, and 10 for undergrounding utilities associated with the project. This ordinance will not authorize the use of condemnation for easements needed from Parcels 22-25 (the "Southside Laskin Shops"). The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for certain parcels in this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 3854303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, (757k)85-4161. Ruth Hodges Fraser, M City Clerk A BEACON: [Dec 5, 2010 PUBLIC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of property and easements necessary for the Wesleyan Drive Improvements Project (CIP #2.145), Tuesday December 14, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "CITY OF VIRGINIA BEACH AND CITY OF NORFOLK WESLEYAN DRIVE FROM: NORTHAMPTON BOULEVARD TO: BAKER ROAD - PROJECT CIP NO. 2- 145 • CONTRACT NO. PWCN 09- 0381" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 3854303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach _ Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk BEACON Dec 5, 2010 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearingwith respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easements with respect to 60.471 acres of land located at the southwest comer of Baum Road and Crags Causeway, in the City of Virginia Beach, Virginia, pursuantto Ordinance No. 95.2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements and (e) assist in shaping the character, direction and timing of community development Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $374,914. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on December 14, 2010, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon Nov 28 & Dec 5, 2010 21973582 PUBLIC HEARING LEASE OF CIN PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property for the following parcel on Tuesday, December 14, 2010, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment regarding the proposed lease agreement of City -owned property located at the Virginia Beach Farmers Market, as defined below: Space # 30: Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) Any questions concerning this matter should be directed to Melvin Atkinson, Farmers Market Manager, by calling 385-8886. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD only 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser City Clerk 11 Beacon: Dec. 5, 2010 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned properties on Tuesday, December 14, 2010, at 6:00 PM in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following parcels: 2101 Princess Anne Road, Virginia Beach, Virginia 2109 Princess Anne Road, Virginia Beach, Virginia If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- '4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228. Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. Ruth Hodges Fres City Clerk Beacon: Dec 5, 2010 I. CONSENT AGENDA J. BIDS Ordinance re BIDS for the Lease of three (3) municipally -owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 23-22.1 re drinking alcoholic beverages or tendering to another in a public place b. Section 23-57 and 18-56 re maintenance and license requirements for nail salons 2. Ordinance to DECLARE EXCESS City -owned property at 240 London Bridge Road and AUTHORIZE the City Manager to sell the property to Davcon Incorporated 3. Ordinance to RELEASE an easement encumbering city -owned property utilized by the Parks and Recreation Department at 2150 and 2289/2293 Lynnhaven Parkway and TRANSFER the easement to the Lake Lawson and Lake Smith natural area to restrict the site to a public park and recreational purposes in perpetuity. 4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for the right-of-way of Laskin Road Gateway Phase 1-A, Phase III. 5. Ordinance to AUTHORIZE the major design features and acquisition of temporary and permanent easements, either by agreement or condemnation, for Wesleyan Drive 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Glenn A., Donald N. and Kenneth W. Baum in the amount of $374,914 at Baum Road and Crags Causeway. DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with JUTTA LEMIESZEK (dba Jutta's Candles and Gifts) for Space #30 at the Virginia Beach Farmers Market 8. Ordinance to ACCEPT and APPROPRIATE $7,515 from the Virginia Department of Motor Vehicles (DMV) to the FY 2010-11 Operating Budget of Animal Control with the Police Department to help offset the cost of sterilization programs for dogs and cats 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for Keith P. Carl to construct and maintain an existing fence, fixed pier and gravel walking path at the rear of 4824 Lake Bradford Lane. 10. Resolution to REFER to the Planning Commission City Zoning Ordinance Amendments re bars and nightclubs 11. Resolution to ENDORSE the application of the Department of Museums for the 2011 Transportation Enhancement Program Grant re restoration work: a. Old Cape Henry Lighthouse — Fort Story b. Ferry Plantation House - 4136 Cheswick Lane 12. Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force Report and DIRECT the City Manager to take the necessary action re the goals and recommendations of the Task Force •�' M M MhY" CITY OF VIRGINIA BEACH AGENDA ITEM Item: Bids for the Lease of Three Municipally Owned Golf Courses Located at (1) 3425 Club House Road (Bow Creek) (2) 4840 Princess Anne Road (Kempsville Greens) and (3) 1144 Prosperity Road (Red Wing) for the Purpose of Maintaining and Operating the Courses Meeting Date: December 14, 2010 ■ Background: Three of the City's five golf courses, Bow Creek Municipal Golf Course, Kempsville Greens Municipal Golf Course, and Red Wing Lake Municipal Golf Course (collectively, the "Courses") have been municipally managed for many years. The Department of Parks and Recreation has issued a Request for Proposal that allowed offerors to respond with proposals to either manage or lease the Courses. Based on the responses and the recommendations of staff, the City seeks to lease the Courses on a long term basis. The lease process requires the adoption of two ordinances: (1) an ordinance announcing that the City is seeking bids for the lease of the property; and (2) a final ordinance awarding the lease. The present ordinance is the first of the two ordinances and seeks bids for the lease. ■ Considerations: City staff believes that leasing the three Courses to one operator will yield significant savings to the City and enhance the quality of the Courses. The adoption of the proposed ordinance would not bind the City to award the lease, as the City will reserve the right to reject all bids. ■ Public Information: The bids will be advertised in the newspaper once per week for two successive weeks, and an advertised public hearing will be held for the ordinance awarding the bid. The RFP was also publicly advertised. There will be ample opportunity for further public comment at public hearings for the actual award of the lease and during the conditional use permit process. ■ Alternatives: Instruct the Department of Parks and Recreation to continue to operate the Courses. ■ Recommendations: Adoption of Ordinance. ■ Attachments: Ordinance Recommended Action: Adoption of Ordinance Submitting Department/Agency: Department of Parks & Recreation City Manage • k.. , 1 BIDS FOR THE LEASE OF THREE MUNICIPALLY OWNED 2 GOLF COURSES LOCATED AT (1) 3425 CLUB HOUSE 3 ROAD (BOW CREEK) (2) 4840 PRINCESS ANNE ROAD 4 (KEMPSVILLE GREENS) AND (3)1144 PROSPERITY ROAD 5 (RED WING) FOR THE PURPOSE OF MAINTAINING AND 6 OPERATING THE COURSES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described on Exhibit A, attached hereto, for the purpose of 14 leasing and maintaining three City -owned golf courses for a period of ten (10) years, with 15 two (2) five-year extensions. 16 17 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That upon approval of this Ordinance by the City Council, it shall be the duty of the 21 City Clerk to cause to be advertised once per week for two successive weeks, in a 22 newspaper having general circulation in the City, a descriptive notice of the proposed 23 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 24 invite bids for the privileges and rights proposed to be granted by such ordinance, which 25 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 26 to the Vice -Mayor, in open session at the day and hour specified in such advertisement, 27 which bids shall then be presented to the City Council by the Mayor, or in the absence of 28 the Mayor, by the Vice -Mayor, to be dealt with and acted upon in the manner prescribed by 29 law. Such advertisement shall expressly reserve the right to reject any and all bids, and 30 the successful bidder shall be required to pay all costs of advertising such ordinance in 31 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: APPROVED AS T L SUFFICIENCY: De . o r eation City Attorney's Office CA11673 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\0024\P008\00081248.DOC R-1 December 3, 2010 EXHIBIT A Municipal Golf Courses Three (3) 18 -hole golf courses, each with club house and related amenities: 1) Bow Creek Municipal Golf Course 3425 Club House Rd. Virginia Beach, VA 23452 Direct: (757) 431-3763 2) Kempsville Greens Municipal Golf Course 4840 Princess Anne Road Virginia Beach, VA 23462 Direct: (757) 474-8441 3) Red Wing Lake Municipal Golf Course 1144 Prosperity Rd. Virginia Beach, VA 23451 Direct: (757) 437-2037 GPIN 1486-77-5714 Approx. 118 +/- acres GPIN 1476-17-8592 Approx. 114 +/- acres GPIN 2425-09-5570 Approx. 294 +/- acres CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code § 23-22.1 Pertaining to Drinking Alcoholic Beverages, or Tendering to Another, in Public Place MEETING DATE: December 14, 2010 ■ Background: The United Football League recently announced that Virginia Beach's Sportsplex would be the home of our state's new professional football team, the Virginia Destroyers. Soon thereafter, concerns were raised about whether tailgating, a traditional part of the professional football experience, would be allowed. The Sportsplex's operator intends to apply for a permit for tailgating from the Alcoholic Beverage Control Board. City Code § 23-22.1 generally prohibits the consumption of alcohol in public places. Exceptions are made for a variety of places, including restaurants and other areas designated by the Virginia Alcoholic Beverage Control Board, as well as coliseums, stadia, or similar facilities, during the performance of a professional sporting exhibition or event. ■ Considerations: The attached ordinance adds an additional exception for parking areas, designated by the City Manager, for use by persons attending collegiate or professional sporting exhibitions or events on the day of the game or event. The application process for such designation will be similar to the one used for Special Events and will include input from public safety agencies. The applicant would also be required to obtain an ABC permit. The ordinance also revises the name of the ABC Board (it was previously known as the ABC Commission) and adds collegiate sporting exhibitions or events to the above -referenced exception for coliseums and stadia. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Requested by Councilmembers Davis and DeSteph REQUESTED BY COUNCILMEMBERS DAVIS AND DESTEPH 1 AN ORDINANCE TO AMEND SECTION 23- 2 22.1 OF THE CITY CODE PERTAINING TO 3 DRINKING ALCOHOLIC BEVERAGES, OR 4 TENDERING TO ANOTHER, IN PUBLIC 5 PLACE 6 7 SECTION AMENDED: § 23-22.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 23-22.1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 23-22.1. Drinking alcoholic beverages, or tendering to another, in public 16 place. 17 18 (a) If any person shall take a drink of alcoholic beverage or shall tender a drink 19 thereof to another, whether accepted or not, or manually possess any unsealed or open 20 container of any kind which contains an alcoholic beverage, at or in any public place, as 21 defined by Code of Virginia Section 4.1-100, or on or within any vehicle located in a 22 public place, he shall be guilty of a Class 4 misdemeanor. 23 24 (b) It shall be unlawful and punishable as a Class 4 misdemeanor for any 25 person to consume an alcoholic beverage while driving a motor vehicle upon a public 26 highway of this city. A rebuttable presumption that the driver has consumed an alcoholic 27 beverage in violation of this section shall be created if (i) an open container is located 28 within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open 29 container has been at least partially removed and (iii) the appearance, conduct, odor of 30 alcohol, speech or their physical characteristic of the driver of the motor vehicle may be 31 reasonably associated with the consumption of an alcoholic beverage. 32 33 (c) This section shall not prevent any person from drinking alcoholic beverages 34 or offering a drink thereof to another in the dining room or other designated room, as 35 defined in Code of Virginia Section 4-25, of a hotel, restaurant, club or boat, or in a 36 dining car, club car, or buffet car of any train, or beer only within all seating areas, 37 concourses, walkways, concession areas, as well as other additional locations 38 designated by the Virginia Alcoholic Beverage Control Board Gemmissi , in coliseums, 39 stadia, or similar facilities, during the performance of a collegiate or professional 40 sporting exhibition or event, provided such beer is served in a paper, plastic or similar 41 disposable container, or in any other establishment, provided such hotel, restaurant, 42 club, boat, dining car, club car, buffet car, coliseum, stadium or similar facility or other 43 establishment, or the person who operates the same, including a concessionaire, is 44 licensed to sell at retail for consumption in such dining room, room, car, seating areas, 45 concourses, walkways, concession areas, as well as other additional locations 46 designated by the commission, in such coliseum, stadium or similar facility or 47 establishment, such alcoholic beverages, and the alcoholic beverages drunk or offered 48 were purchased therein. 49 50 (d) In addition to the exceptions provided for in subsection (c), this section also 51 shall not apply to parking areas designated by the City Manager or his designee for use 52 by persons attending a collegiate or professional sporting exhibition or event on the day 53 of such exhibition or event The application process for such designation shall be 54 substantially similar to the process set forth for special events in City Code & 4-1, and 55 shall include input from public safety entities No such designation shall be valid unless 56 the applicant has also obtained the required permit or permits from the Virginia 57 Alcoholic Beverage Control Board. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: ; 2 ry 6A �� City Attorney's Office CA11750 R-6 December 8, 2010 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances to Amend Sections 23-57 and 18-56 of the City Code Pertaining to Maintenance and Licensing Requirements for Nail Salons. MEETING DATE: December 14, 2010 ■ Background: Public Health has received continuing complaints in regard to the cleanliness and professionalism of nail salons in the City of Virginia Beach. As such, nail salons are becoming a continuing health concern. There are presently no city regulations in regard to nail salons, although the state does regulate personal licensing requirements for nail technicians. ■ Considerations: Nail salons are included in the state regulations governing beauty parlors and barber shops and should be included in the City Code where these other services are regulated. This will allow the Public Health Department to inspect and permit these businesses. Prior to the issuance or renewal of a business license, the Health Department would inspect and permit each nail salon to insure its cleanliness and professionalism. Such permits could be revoked or suspended by the Health Director or designee upon violations. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached ordinances and allow the Public Health Department to permit such businesses. ■ Attachments: Ordinance to amend § 23-57 Ordinance to amend § 18-56 Recommended Action: Approval Submitting Department/Agency: Public Health City Manage . 1 AN ORDINANCE TO AMEND SECTION 23-57 2 OF THE CITY CODE PERTAINING TO 3 MAINTENANCE REQUIREMENTS FOR NAIL 4 SALONS 5 6 Section Amended: § 23-57 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-57 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 Chapter 23 OFFENSES 15 .... 16 17 ARTICLE I. MISCELLANEOUS OFFENSES 18 19 .... 20 21 Sec. 23-57. Barbershops, beauty parlors, nail salons and barber and beauty 22 culture schools; maintenance requirements, etc. 23 24 (a) Floors in barbershops, beauty parlors, nail salons. barber schools or 25 beauty culture schools shall be cleaned every day and all furniture, walls, woodwork 26 and windows therein shall be kept clean and in good repair at all times. Each 27 barbershop, beauty parlor, nail salon, barber school or beauty culture school shall be 28 provided with a toilet and wash basins properly trapped and connected to an approved 29 sewer system. Adequate soap, clean towels and toilet tissue shall be available at all 30 times. All basins, sinks and toilets shall be kept in clean and in good repair at all times. 31 The use of powder puffs and sponges is prohibited. No alum or other astringent shall be 32 used in stick form in any barbershop, beauty parlor, nail salon, barber school or beauty 33 culture school. If used therein to stop the flow of blood, it shall be applied in liquid or 34 powdered form. 35 36 (b) Terms used in this section shall have the meanings ascribed to them in 37 section 18-56 of this Code. 38 39 (c) Any person who shall violate any provision of this section shall be guilty of 40 a Class 4 misdemeanor. 41 COMMENT These amendments include nail salons in the maintenance category along with barbershops and beauty parlors. This revision conforms to applicable state regulations governing barbers, beauty salons and nail salons. It is brought forward by the Department of Public Health. 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: Rhalth Depa"W CA11588/R-2/December 1, 2010 City Attorney's Offic 1 AN ORDINANCE TO AMEND SECTION 18-56 2 OF THE CITY CODE PERTAINING TO 3 LICENSE REQUIREMENTS FOR NAIL 4 SALONS 5 6 Section Amended: § 18-56 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-56 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 Chapter 18 LICENSE CODE 15 .... 16 17 ARTICLE ll. LICENSE TAX SCHEDULE 18 19 Sec. 18-56. Barbershops, beauty parlors, barber and beauty culture schools, and 20 tanning salons, and nail salons. 21 22 (a) For the purposes of this section, the following words and phrases shall be 23 construed as follows: 24 25 (1) Barbering or hairdressing: Any one or any combination of the 26 following acts, when done on the human body for pay or reward and not 27 for the treatment of disease: Shaving, shaping and trimming the beard; 28 cutting, curling, singeing, shampooing or dyeing the hair or applying 29 lotions thereto; or applications, treatments or massages of the face, neck 30 or scalp with oil, creams, lotions, cosmetics, antiseptics, powders, clays or 31 other preparations in connection with shaving, cutting or trimming the hair 32 or beard. 33 .... 34 35 4 Nail Salon: Any commercial establishment residence vehicle or 36 other establishment place or event wherein nail care is offered or 37 practiced on a regular basis for compensation. 38 39 .... 40 41 (c) The license tax rate for every person who shall conduct or operate a 42 beauty parlor, hairdressing establishmentLer tanning salon or nail salon shall be 0.36 43 percent of gross receipts in such business during the preceding calendar year. A license 44 issued under this chapter pursuant to the payment of the license tax set out in this 45 subsection shall not authorize the teaching or instruction of beauty culture or 46 cosmetology. 47 48 .... 49 50 (e) No license for a barbershop, beauty parlor, hairdressing establishment, er 51 tanning salon or nail salon shall be issued or renewed under this chapter unless and 52 until there is presented to the commissioner of the revenue a current permit from the 53 director of public health for the operation of such business. The permit required by this 54 section shall be issued on an annual basis upon payment of a fee in the amount of 55 twenty a -molars thirty ($25.09 30.00) to the director of public health. The director of 56 public health may suspend or revoke such permit upon the failure of the establishment 57 or salon to comply with the Guidelines and Permitting Procedures adopted by the public 58 health department. If the director of public health refuses to issue such permit., 59 suspends or revokes such permit, he shall notify the applicant, in writing, of his reasons 60 therefor and the applicant may appeal such refusal to the city council within thirty (30) 61 days from the date of such notice. 62 .... COMMENT These amendments include nail salons in the category for license tax rates with barbers, beauty salons and tanning salons. This is in keeping with the state regulations governing these businesses. The definition of "nail salon" is adopted from such regulations (Lines 35-37). It also adds the ability of the director of public health to suspend or revoke such permits for noncompliance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF�IENCY: W_W_ ealth Depa nt City Attorney's Office APPROVED AS TO CONTENT: ti Commissioner of the Re enue CA1 1587/R-2/Decem ber 1, 2010 LN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring 3.213 acres of City -owned property located at 240 London Bridge Road (GPIN 1497-92-7550) to be in excess of the City's needs and authorizing the City Manager to sell the property to Davcon Incorporated. MEETING DATE: December 14, 2010 ■ Background: The City owns an assemblage of 3.213 acres of land on London Bridge Road (the "Property"). The City acquired the Property in various tracts. Some small portions are residue of acquisitions from the London Bridge Road Improvements Project. The City also closed a paper street (Terrell Avenue) that was in the middle of the Property. The remainder of the Property was acquired from several owners that participated in the APZ-1/Clear Zone Use and Acquisition Plan (the "APZ-1 Program"). When the City purchased the parcels for the APZ-1 Program, they were undeveloped and zoned for residential use. The parcels acquired for the APZ-1 Program account for approximately 1.97 acres of the Property (approximately 61 % of the 3.213 acres). The City assembled the various parcels, resubdivided to vacate interior lot lines and incorporate the street closure, and created a new GPIN (1497-92-7550), which shall be known as "Parcel B." In addition, -the City has re -zoned the area from R5D (residential) to 1-1 (light industrial). The re -zoning was approved by City Council on May 26, 2009. The APZ-1/CZ Master Plan has designated the area which includes Parcel B as non-residential and appropriate for compatible uses under the AICUZ guidelines. The APZ-1 Disposition Committee has evaluated the parcels and determined that they should be sold and developed with a compatible use. Davcon Incorporated, a Virginia corporation, ("Davcon") proposes to acquire Parcel B. Davcon is a mechanical contractor specializing in federal construction projects. Davcon intends to construct a 10,000 square foot facility that shall be used to meet the needs of its growing customer base in Virginia Beach. Davcon will be purchasing the entirety of Parcel B, although only 2.228 acres is considered "buildable" and the price to be paid reflects this offset. ■ Considerations: Davcon has signed a purchase agreement with specific design criteria and use restrictions, which shall be incorporated as a deed restriction at closing. The site shall be used for industrial warehousing, wholesale distribution, light manufacturing activities, and ancillary office facilities to the extent an office is permitted as a corollary use for the activities on site. Davcon's proposed use is compatible with Section 1804 of the City Zoning Code. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of the land. Revenue restriction: The City funded the acquisition of approximately 1.97 acres, or 61 %, of Parcel B through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Of the proceeds from the sale, $95,136 will be appropriated to the Oceana and ITA Conformity and Acquisition Project (CIP 9-060) for the purpose of the City Manager directing the distribution of the Commonwealth's portion of the proceeds (one-half of 61% of the proceeds). The remaining funds of $216,784 will be appropriated to CIP #3-368, Various Site Acquisitions. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, Summary of Terms, Subdivision Plat Recommended Action: Approval of the ordinance Submitting Department/Agency: Economic Developme City Managers S I AN ORDINANCE DECLARING 3.213 ACRES OF CITY - 2 OWNED PROPERTY LOCATED AT 240 LONDON BRIDGE 3 ROAD (GPIN 1497-92-7550) TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER 5 TO SELL THE PROPERTY TO DAVCON INCORPORATED 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel 8 of land located at 240 London Bridge Road, more particularly described on Exhibit "A" 9 attached hereto, and designated as "Parcel B" on the plat attached hereto as Exhibit "B" 10 (the "Property"); 11 12 WHEREAS, the City acquired a portion of the Property as residue from the 13 London Bridge Road Improvements Project (the "Road Remnant"); the City acquired a 14 portion of the Property as a result of the closure of Terrell Avenue, a paper street (the 15 "Street Closure"), and the balance of the Property (approximately 1.97 acres or 61 % of 16 the Property) was acquired pursuant to the APZ-1/ Clear Zone Use and Acquisition Plan 17 ( the "APZ-1 Purchase"); 18 19 WHEREAS, the City funded the acquisition of the APZ-1 Purchase 20 through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with 21 each party contributing fifty percent (50%) of the purchase price; 22 23 WHEREAS, the Property is in an area designated for non-residential use 24 in the APZ-1/Clear Zone Master Plan adopted by Council on April 1, 2008; 25 26 WHEREAS, the APZ-1 Disposition Committee has recommended that City 27 Council declare the Property to be in excess of the City's needs and sell the Property to 28 Davcon Incorporated ("Davcon"); 29 30 WHEREAS, Davcon will construct a new facility on the Property to 31 prescribed standards acceptable to the City and for a use compatible with Section 1804 32 of the City Zoning Code; 33 34 WHEREAS, Davcon will purchase the Property in accordance with the 35 Summary of Terms attached hereto as Exhibit "C" and made a part hereof; 36 37 WHEREAS, the City Council is of the opinion that the Property is in 38 excess of the needs of the City of Virginia Beach. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the Property described on Exhibit "A" is hereby declared to be in 44 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 45 authorized to execute any documents necessary to convey the Property to Davcon 46 Incorporated, in substantial conformity with the Summary of Terms attached hereto as 47 Exhibit C and such other terms, conditions or modifications as are deemed necessary 48 and sufficient by the City Manager and in a form deemed satisfactory.by the City 49 Attorney. 50 51 Further, that the revenue from the sale of the Property in the amount of 52 $311,920 shall be received and appropriated as follows: 53 54 1. $95,136 shall be appropriated to CIP #9-060, Oceana and Interfacility 55 Traffic Area Conformity and Acquisition, for the purpose of the City Manager directing 56 the distribution of the Commonwealth's portion of -the proceeds of the sale of the APZ-1 57 Purchase in accordance with the partnership agreement; 58 2. $216,784 shall be appropriated to CIP #3-368, Various Site Acquisitions. 60 This ordinance shall be effective from the date of its adoption. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 day of , 2010. 64 CA -11424 PREPARED: 12/1/10 R-1 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d 025\p007\00057141. doc A PROVED AS TO CONTENT 4'Aonomic Developme t APPROVED AS TO LEGAL A,UFF)CIENCY \ n ty )7ey APPROVED AS TO CONTENT Management Services THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL EXHIBIT "A" ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL B" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA" Scale: 1"=50' dated October 27, 2009, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above -referenced property. SUBJECT TO that certain "Ingress/Egress Easement" as defined and as more particularly described in that certain Declaration dated December 8, 2009, recorded in the aforesaid Clerk's Office as Instrument No. 20091209001403480. IT BEING a portion of the same property conveyed to the Grantor by deed from Tommy L. McMillan and Marie A. McMillan dated December 19, 1995 and recorded in the aforesaid Clerk's Office in Deed Book 3570, at {gage 871. IT ALSO BEING a portion of the same property conveyed to the Grantor by Certificate dated November 27, 2001 from London Bridge Mobile Homes, recorded in the aforesaid Clerk's Office in Deed Book 4575, at page 673, and by Order dated June 6, 2002, and recorded in Deed Book 4711, at page 822. IT ALSO BEING the same property conveyed to the Grantor by deed from Richard S. Harris dated March 5, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080310000267300. IT ALSO BEING a portion of the same property conveyed to the Grantor by Certificate dated October 23, 2000 from Gennaro Fiore and Susa S. Fiore, recorded in the aforesaid Clerk's Office in Deed Book 4328, at page 660, and by Order Dismissing Suit and Disbursing Funds dated May 28, 2003, and recorded as Instrument No. 200406020085707. IT ALSO BEING the same property conveyed to the Grantor by deed from James E. Pulliam and Margaret T. Pulliam dated May 16, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070525000713080 IT ALSO BEING a portion of the same property conveyed to the Grantor by Certificate dated December 26, 2000 from Bertha Lee Bartel, recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 1, and by Order Vesting Title and Disbursing Funds dated May 7, 2007, and recorded as Instrument Number 20070508000629320. IT ALSO BEING a portion of the same property conveyed to the Grantor by deed from Robert L. Widgeon a/k/a Robert L. Wedgeon, dated October 26, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20071026001451680. IT ALSO BEING a portion of the same property conveyed to the Grantor by deed from L.B.H., L.L.C., a Virginia limited liability company, dated May 1, 2007, and recorded in the aforesaid Clerk's Office as Instrument No. 20070510000640150. EXHIBIT AB° PF \ ��ON ,,e E EROY'N 51AtE p9 STA IPi ' PF J $• IPF / /$ IPF GpMA PF J / $. q1�9^ 69 T .N� MMW`4pQ F y>nS1T 0 NLF EN1 04�pG tb IPF N v4�50 $. �h IPF $. G'AC tw" S P 66 3 CPS �if �M0 IPFO ' $ i BOUNDARY LINE _ AS PER YB 34 PG PF �4, csi. p1.wp g1� IN �< CIPS 1,(4 cY /N ,�f .E�p 7. '$• �`��II e� o- \•6T O CPS YI �, ,' CIPS 9 y"q \IPF NO .yCA pG FT,9 4Y 4y p O1'Z PROPERLY LINE Cyt. yT0 y]T wo HEREBY .SGp p�,PJ VAGIm. PF to L� - TYP. y\ mP TPO pSO�w � ,TOTS { •. q INTERIOR LINES HEREBY VACATED. . 40.00 y s^pm TYP IPF INSTR. N0. IPi IPF 0?"—NN QBE Zgyl LTi <w o .. � RIG�cNr-of-w4r LINE o � o NV' PG = s SE9Y N "' f - _ g g� ,AEG a 4"11 .IPF SEE `,5 DETAIL SHEET a ESTABLISHED U nl \ (09Nf.1 13 9 1 IPFO .. _ F rer 151.72' _ - PFg2 ( - CPS R NO INGRESS/EGRESS EASEMENT HEREBY ESTABLISHED WTpl1E-BM BlffT3 Cr -4 EpOp4 BOER AD VARIABLE WIDTH RIGHT-OF-WAY (IAB 277 PG -55)(M."280 PG 32) (IAB 2B5 PG 31)(MB 286 PG 20) ii (IAB 287 PG 53)(118 288 PG 54) THE UNDERSIGNED CERTIFY THAT THE SUBDIVISION AS R APPEARS ON THIS PUT, (M8 291 PG 50) (118 295 PG 11) CONFORMS TO THE APPLICABLE REGULATIONS RELATING TO THE SUBDIVISION OF L ( 200310150167]Bl) 221 8 .M--- pjIST AND IS ACCORD04GLY APPROVED. BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY ASI TO THE CORRECTNESS OF THE BOUNDARY. STREET OR OTHER LINES SHOWN ON THIS PLAF. AP<RovED: —��E---- DATE: 4ih F/e+ Off' / � OgTL9 Orgy p1 Efl AI p s 71 4 p0.E(N oc'5 B G%N.n1 N PF V_EuNiIVSgypGpG CI 6Z 1 13 ,6 O�J9 0}1' �St YI,O 7 M1 of , 6�M1 41 'd1N0'N pP&,t�3'y4g69 wi ` yO CIPS 80UN UNE \ w�l( 10p70'L3 4T Pp %a PF M1`46 AS Me 3< PG to \INS 19 aNG £ X01 S 6 IPF a �CIPS m � 46 . 3CIPS ' 0 3i oy , /CPS INFERIOR LINES ,4g 1f9 p HEREBY VACATED..GPIN OR G. SEP 2T0 � " VI\1�.S1�N15�0p4p9 I PROPERTY V UNE I HEREBY VACATED. GTfD. 7YP. 2�" 73 � GPM 1497-92-7550 c' PARCEL B Y''\ 5 9 139,960 SOUARE FEET OR 3.213 ACRES PROPERTY LINE HEREBY ESTABLISHED IPF ,4g7 Fo EP OP,N )1F�y'1p60 G%N,wI u e_,c.C�+p5PG 1 Zy9 23 3 \ yA GPM 1497-92-7135 N ,•9T FFA .0- °` PARCEL G°aM a a`1.6T4t, PARCEL A - 97.057 SQUARE FEET w,1NEATp30m _ OR 2.226 ACRES AM' PG 2�T 73 3 40' 75' INGRESS/EGRESS EASEMENT FOR THE BENEFIT OF PARCEL 8 �96A L51516'2,1Y AREA -3,000 SOUARE FEET OR 0.069 ACRES \ �, T�µf HEREBY VACATED. . 40.00 y s^pm TYP IPF INSTR. N0. IPi IPF 0?"—NN QBE Zgyl LTi <w o .. � RIG�cNr-of-w4r LINE o � o NV' PG = s SE9Y N "' f - _ g g� ,AEG a 4"11 .IPF SEE `,5 DETAIL SHEET a ESTABLISHED U nl \ (09Nf.1 13 9 1 IPFO .. _ F rer 151.72' _ - PFg2 ( - CPS R NO INGRESS/EGRESS EASEMENT HEREBY ESTABLISHED WTpl1E-BM BlffT3 Cr -4 EpOp4 BOER AD VARIABLE WIDTH RIGHT-OF-WAY (IAB 277 PG -55)(M."280 PG 32) (IAB 2B5 PG 31)(MB 286 PG 20) ii (IAB 287 PG 53)(118 288 PG 54) THE UNDERSIGNED CERTIFY THAT THE SUBDIVISION AS R APPEARS ON THIS PUT, (M8 291 PG 50) (118 295 PG 11) CONFORMS TO THE APPLICABLE REGULATIONS RELATING TO THE SUBDIVISION OF L ( 200310150167]Bl) 221 8 .M--- pjIST AND IS ACCORD04GLY APPROVED. BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY ASI TO THE CORRECTNESS OF THE BOUNDARY. STREET OR OTHER LINES SHOWN ON THIS PLAF. AP<RovED: —��E---- DATE: 4ih F/e+ GRAPHIC SCALE PLARMNO tt j COvI Y OF DIREBEACH, NRGINIA 50 0 25 50 � AP D: � c CyAbuA DOTE: l 23-07(IN � OMBOTOR OF PUBLIC woWS, CITU OF VIRGINN BEACH. VIRGINIA Pty ) 1 Laoh - 50 M1 SEE SHEET 1 OF 4 FOR NOTES AND CERTIFICATES T ipT.TH 1Ac ib. emau (IAro �V{TOp SHEET 2 OF 4 1' NO INGRESS HEREBY RESUBDIVISION PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD MRGNAA BEACH, VIRGINIA OCTOBER 27, 2009 SCALE: I'=50' One Cobmbm Center - wK, 1100 &A L IMITAd 11 1\ Vr91nb peach. VA 23462 Tal. (757) 473-2000 FaA (757) 497-7933 Email: ImUgObntlmarAEq.eum la14LgEAItl�14Ia . 1RIsreMORYIe EXHIBIT "C" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 240 LONDON BRIDGE ROAD SELLER: City of Virginia Beach PURCHASER: Davcon Incorporated, a Virginia corporation PROPERTY: 240 London Bridge Road, GPIN: 1497-92-7550 SALE PRICE: $311,920 ($190,271 for the portion purchased by the APZ-1 Program which shall be divided equally between the City and the Commonwealth of Virginia; $121,649 to be retained solely by the City) CONDITIONS OF SALE • The Buyer shall construct a 10,000 square foot facility; • The Buyer shall submit a site plan for review and approval by the Planning Department prior to settlement; • The City retains a right to repurchase the property, less the deposit, if Buyer does not construct within 24 months of settlement; • The Buyer will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping. f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to release an easement encumbering city -owned property utilized by the Parks and Recreation Department and located at 2150 and 2289/2293 Lynnhaven Parkway (GPINs 1475-65-8165 and 1475-35-2438) and to transfer the easement to the Lake Lawson and Lake Smith Natural Area in order to restrict the site to public park and recreational purposes in perpetuity. MEETING DATE: December 14, 2010 ■ Background: In 1967, the United States transferred surplus federal land to the City of Virginia Beach (the "City") pursuant to the Federal Lands to Parks Program. The sites were previously known as Nike Battery N-36. At the time the properties were transferred to the City, an easement was placed on the properties restricting them to public park and recreational purposes in perpetuity. The two parcels involved in this conveyance have been developed with recreational facilities and recreational support facilities at 2150 Lynnhaven Parkway and 2289/2293 Lynnhaven Parkway (collectively, the "Lynnhaven Sites"). A group home is also located at 2289/2293 Lynnhaven Parkway, and was part of an easement exchange exempting a small area of the parcel from the easement in 1978 in order to permit this use. When the City acquired the Lynnhaven Sites, the area was within a very rural part of the City previously known as Recreation Drive. Ultimately, Lynnhaven Parkway was developed, which changed the dynamic of this area. Residential subdivisions were developed and the area is now primarily densely residential. Additionally, the 60+ -year- old building on 2289 Lynnhaven Parkway has fallen into disrepair, and its future utility is in question. Due to issues with the neighboring residential parcels, inadequate parking, limited future utility of the sites, and limited usefulness for the Parks and Recreation Department, the Lynnhaven Sites should no longer be used in their current capacity as a recreation facility or support facility. The City proposes to relocate the restrictive easement and place it instead upon the Lake Lawson and Lake Smith Natural Area under a land exchange program with the National Park Service. The land exchange program permits the relocation of the parks and recreation easement, provided that the replacement site is of equal or greater value and that it enhances the parks and recreational purposes of the easement. The Lake Lawson and Lake Smith Natural Area is a 40 -acre network of wooded, waterfront peninsulas in the northern part of the City. The 40 acres have been acquired in separate tracts over the past five years through the City's Open Space Acquisition Program to preserve the property from development and to provide improvements for active and passive recreational use and natural resource management of the property. ■ Considerations: The City's land exchange proposal to move the recreation easement is supported by the fact that the move would clearly enhance the park and recreation use in the City of Virginia Beach. While the Lynnhaven Sites currently encumbered with the easement do support recreational facilities and uses, and are thus in compliance with the easement, moving the easement to the Lake Lawson and Lake Smith Natural Area would better accomplish the recreational purposes for the restrictive easement and benefit the Lake Lawson and Lake Smith Natural Area by protecting it from future development in perpetuity. Additionally, the transfer of the easement will remove the encumbrance from the Lynnhaven Sites and permit a more compatible use in the area. ■ Public Information: The City's Department of Parks and Recreation engaged in a public involvement process to develop a master plan for the Lake Lawson and Lake Smith Natural Area. Also, the advertisement for the public hearing to request the easement transfer was published in the Virginian -Pilot seven (7) days prior to the hearing date. ■ Alternatives: Do not transfer the easement from the Lynnhaven Sites. However, if the easement is not transferred', the utility and value of the subject sites is limited. ■ Recommendations: Approval of the transfer of the easement and placement of the easement upon the Lake Lawson and Lake Smith Natural Area. ■ Attachments: Location maps; Ordinance. Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: I V, 11 I 1 AN ORDINANCE TO RELEASE AN EASEMENT ENCUMBERING 2 CITY -OWNED PROPERTY UTILIZED BY THE PARKS AND 3 RECREATION DEPARTMENT AND LOCATED AT 2150 AND 4 2289/2293 LYNNHAVEN PARKWAY (GPINS 1475-65-8165 AND 5 1475-35-2438) AND TO TRANSFER THE EASEMENT TO THE 6 LAKE LAWSON AND LAKE SMITH NATURAL AREA IN ORDER 7 TO RESTRICT THE SITE TO PUBLIC PARK AND 8 RECREATIONAL PURPOSES IN PERPETUITY 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of two 11 parcels of land located at 2150 and 2289/2293 Lynnhaven Parkway in the City of 12 Virginia Beach, Virginia (the "Lynnhaven Sites"), as more particularly described on 13 Exhibit "A" attached hereto and incorporated herein; 14 15 WHEREAS, the Lynnhaven Sites are encumbered with an easement 16 restricting their use to public park and recreational uses (the "Restrictive Easement"); 17 18 WHEREAS, the Restrictive Easement was placed on the Lynnhaven 19 Sites at the time the properties were conveyed to the City by the United States; 20 21 WHEREAS, the City is also the owner of the parcels of land which 22 comprise the Lake Lawson and Lake Smith Natural Area in the City of Virginia Beach, 23 Virginia (the "Natural Area"), as more particularly described on Exhibit "B" attached 24 hereto and incorporated herein; 25 26 WHEREAS, the National Park Service has a land exchange program 27 through which restrictive easements held by the United States may be transferred to 28 other property as long as the park and recreational use is maintained or enhanced, and 29 provided that the replacement site is of equal or greater value; 30 31 WHEREAS, the City has submitted a request with the National Park 32 Service to transfer the Restrictive Easement from the Lynnhaven Sites to the Natural 33 Area; 34 35 WHEREAS, the transfer of the Restrictive Easement to the Natural Area 36 will enhance the parks and recreational opportunities for the City's citizens; 37 38 WHEREAS, the value of the Natural Area exceeds that of the Lynnhaven 3-9 Sites; 40 41 WHEREAS, the City Council finds that the Restrictive Easement over the 42 Lynnhaven Sites should be released and transferred to the Natural Area, and thus 43 supports the request made to the National Park Service to accomplish same. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 46 CITY OF VIRGINIA BEACH, VIRGINIA: 47 48 That the City Manager is hereby authorized to execute any documents 49 necessary so that the United States of America, acting by and through the National 50 51 52 53 54 55 56 57 58 Park Service, may release the Restrictive Easement over the Lynnhaven Sites and transfer the easement to the Natural Area, and the City may set such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. R-1 12/3/2010 CA11674 \\vbgov.com\d%l \applications\citylawprod\cycom 32\wpdocs\d029\p009\00081348.doc 2 _OVI tw�i !/ovn, APPROVED AS TO LEGAL SUFFICIENCY Cit A n 's qffice APPROVED AS TO CONTENT Parte a n THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL EXHIBIT "A" 2150 Lynnhaven Parkway GPIN: 1475-65-8165 ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying being and situated in the City of Virginia Beach, Virginia and described as "TRACT A-101-1 D.B. 997 PG. 278 GPIN 1475-65-8165" and further described as "RESIDUAL TRACT A-101-1: 556,592 SQ. FT. OR 12.77759 AC." as shown on that certain boundary survey entitled, "BOUNDARY SURVEY OF TRACT A-101-1 (D.B. 997 PG. 278) OWNED BY CITY OF VIRGINIA BEACH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = * 100', dated September 17, 2008, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081029001256370, to which reference is made for a more particular description. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the United States of America recorded on March 1, 1967 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 997, at page 278. 2289 / 2293 Lynnhaven Parkway GPIN: 1475-35-2438 ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying being and situated in the City of Virginia Beach, Virginia and described as "TRACT A-100-1 D.B. 997 PG. 278 D.B. 1796 PG. 88 M.B. 207 PG. 4 M.B. 37 PG. 45 GPIN 1475-35-2438" and further described as RESIDUAL TRACT A-1001: 338,512 SQ. FT. OR 7.77117 AC." as shown on that certain boundary survey entitled, "BOUNDARY SURVEY OF TRACT A-100-1 (D.B. 1796 PG. 88) OWNED BY CITY OF VIRGINIA BEACH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated September 17, 2008, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081203001376510, to which reference is made for a more particular description. 1 IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the United States of America recorded on June 28, 1978 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1796, at page 88. 2 EXHIBIT "B" Replacement Site I. Lake Lawson Phase II (South Parcel) GPINs: 1469-50-7842, 1469-50-8782, 1469-50-2550 & 1469-40-9619 (formerly part of GPIN: 1469-40-8776): ALL those certain parcels of property (the "Property") described as "Parcel D- 2", "Parcel D-3", `Parcel D-4" and "Parcel E" on that certain plat (the "Subdivision Plat") entitled "PLAT SHOWING SUBDIVISION OF PROPERTY AT LAKE LAWSON BEING PROPERTY OF CITY OF NORFOLK D.B. 51, PG. 10 AND D.B 118, PG. 249 VIRGINIA BEACH, VIRGINIA" dated October 31, 2008, prepared by Patton Harris Rust & Associates, Inc., and recorded in the Clerk's Office for the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091028001261050. TOGETHER WITH an ingress/egress easement, more particularly shown as "20' Ingress/Egress Easement Hereby Established For The Benefit of Parcel E and City of Virginia Beach Parcel B (Area =16,579 sq. ft.)," as shown on the Subdivision Plat. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, dated October 14, 2009 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20091029001263490. Replacement Site II. Lake Lawson Phase II — Hodgman Parcel (South Parcel) GPIN: 1469-50-3783 ALL THAT certain lot, piece or parcel of land, situated in the City of Virginia Beach, Virginia, containing approximately 2.91 acres, as shown that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NANCY H. HODGMAN BY THE CITY OF VIRGINIA BEACH CIP 4-004, VIRGINIA BEACH, VIRGINIA", dated November 8, 2007, by Patton Harris Rust & Associates, Inc., Engineers, Surveyors, Planners, duly recorded in the Clerk's Office of the City of Virginia Beach, Virginia as Instrument Number 20080425000474880 to which reference is made for a more particular description. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from Nancy H. Hodgman dated April 24, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia_ Beach, Virginia, as Instrument Number 20080506000522600. 3 Replacement Site III. Lake Smith Fishing Station (North Parcel) GPIN: 1469-52-9638, et als. All those certain lots, tracts or parcels of land together with improvements, appurtenances and easements benefiting the property thereon belonging, lying and being in the City of Virginia Beach, Virginia and designated and described as follows: GPIN:1469-52-6433 Lot 27, Block 2, Lakeside, and GPIN: 1469-52-5486 Lots 23- 26, Block 2, Lakeside, as shown on EXHIBIT B, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No.: 20060522000771400; GPIN: 1469-52-7421 Lots 30-31, Block 2, Lakeside, as shown on EXHIBIT C, recorded in the aforesaid Clerk's office as Instrument No.: 20060522000771410; GPIN: 1469-52-6306 Lots 12-20, Block 2, Lakeside, as shown on EXHIBIT D, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771420; GPIN: 1469-52-4486 Lots 9-10, Block 2, Lakeside, as shown on EXHIBIT E, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771380; GPIN: 1469-52-5130 Lot 20, Block 3, Lakeside; GPIN: 1469-52-3280 Lots 1-19, Block 3, Lakeside; and GPIN 1469-52-4277 Lots 21-32, Block 3, Lakeside, as shown on EXHIBIT F, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771390; GPIN 1469-52-9638 PARCEL A, as shown on Sheet 2 of EXHIBIT G, which includes the following GPINS: GPIN: 1469-52-6682, GPIN: 1469-52-6774, GPIN: 1469-52-6700, GPIN: 1469-52-7592, GPIN: 1469-52-8438, GPIN: 1469-52-8456, GPIN: 1469-52-9684, all recorded in the aforesaid Clerk's Office as Instrumenet No.: 20060522000771350 GPIN 1469-52-7035 PARCEL B, as shown on Sheet 2 and 3 of EXHIBIT G, which includes portions of properties with the following GPINS: GPIN: 1469-62-7111 and GPIN: 1469-51-3556, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771350. LESS AND EXCEPT riparian interest to and in Lake Smith, if any, appurtenant to the Property. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, dated June 29, 2006 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20060506000522600. 4 GPIN: 1469-52-5403 All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, designated and described as Lot 11, Block 2, as shown on the plat of W.W. Silvesters Lakeside Property in Virginia Beach and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 3, page 171. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Lauren Peyton Bell (A/K/A Lauren Peyton), Karen E. Peyton (A/K/A Karen Lawrence), and Walter B. Peyton, Jr., Heirs of Miriam A. Peyton dated November 20, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081120001335970. GPIN: 1469-52-7336 ALL THAT certain lot piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia, Virginia, being known, numbered and designated as Lot Number Thirty-two (32), in Block Two (2), on a certain plan of W.W. Silvester's Property known as "Lakeside" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, page 171; LESS AND EXCEPT property conveyed to the City of Virginia Beach for street and highway purposes in Deed Book 2399, at page 2111. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Francis E. Haley, Jr., Inc., a Virginia corporation dated May 19, 2008 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20080619000727770. 5 Replacement Site IV. Lake Lawson Phase I (West Parcel) GPINs: 1469-31-8348 & 1469-31-9048 ALL those certain lots, tracts or parcels of land together with improvements, appurtenances and easements benefiting the property thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "Parcel A — 1469-31-8348," and "Parcel B — 1469-31-9048," all as shown on that certain plat entitled, "Amended Plat Showing Subdivision of Property At Lake Lawson, Map Book 6, Page 193, for the City of Norfolk," prepared by the Survey Bureau, Engineering Division, Department of Public Works, City of Virginia :Beach, dated November 1, 2004 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on December 13, 2004, as Instrument Number 200412130195326. LESS AND EXCEPT riparian interest to and in Lake Lawson, if any, appurtenant to Parcel A and Parcel B. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, dated December 30, 2004 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20050208001475. R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for Laskin Road Gateway Phase 1-A, CIP 2-143, Phase III and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: December 14, 2010 ■ Background: The Laskin Gateway Phase 1-A Project is a 4 -phase project that extends east -west from Pacific Avenue to the intersection of Laskin Road and 30th Street and north -south from 32"d Street to Laskin Road. Phase I of the project replaced/upgraded water, sewer, storm sewer, and force main within the project limits as well as installed private utility ductbank. Phase II of the project provided two new signals on 32nd Street; one at the Pacific Avenue intersection and one at the Holly Road intersection. Phase II also widened Holly Road between 32nd Street and Laskin Road to .improve traffic capacity in this location. Phase III is a streetscape project that provides new decorative sidewalk, brick paver intersections, plantings along the right of way, enhanced street and pedestrian lighting, and a new pedestrian -friendly corridor along Laskin Road between Arctic Avenue and Pacific Avenue. Phase IV of the project will construct a modern roundabout at the Laskin Road/30th Street intersection, build a connector between Laskin Road and Pinewood Road/32nd Street, and provide stormwater water quality treatment for the Gateway area. Phases I and II of the project are complete. Phase III is currently under contract and under construction. Phase IV of the project is in the design phase and will be out for public bid by May 2011. Multiple ductbanks were installed within the project limits during Phase I of the project for use by the private utility companies (Verizon, Level 3 Communications, Cox, Cavalier, and Dominion Virginia Power) to relocate their existing overhead utilities underground. The existing utility poles around the perimeter of "Block C' are in conflict with the utility and streetscape improvements now under the Phase III construction. The utility poles in conflict are owned by Dominion Virginia Power (DVP). DVP requires permanent utility easements for the proposed locations of ground mounted transformers and switches. These transformers and switches will replace the existing equipment located overhead on the existing utility poles. Therefore, the utility poles cannot be removed until the new transformers and switches are installed and connected to the electrical grid via the newly installed ductbank. Failure to remove these utility poles before February 2011 will result in a delay of Phase III of the project and may result in a delay claim by the Phase III construction contractor against the City. ■ Considerations: The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all real property and temporary and permanent easements from the parcels identified in the Ordinance. ■ Public Information: Advertisement in The Virginian -Pilot Beacon, advertisement of the City Council agenda and multiple information meetings held with the local residents and business owners and property owners. ■ Alternatives: Do not build the project as shown in the approved plans. ■ Recommendations: Staff recommends that Council approve the ordinance as presented. ■ Attachments: Ordinance, Location Map Recommended Action: App ove l Isp •u`' Submitting Department/Agency: Public Works(�Oox City Manager: '� I AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY 1N FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR LASKIN ROAD GATEWAY PHASE I -A PROJECT 4 (CIP 2-143) - PHASE III, AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS, 6 EITHER BY AGREEMENT OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists for the construction of this important roadway project to improve 10 transportation within the City and for other related public purposes for the preservation of 11 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 12 people in the City of Virginia Beach. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 Section 1. That the City Council authorizes the acquisition by purchase or is condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.1-89, et seq., and Title 19 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 20 simple, including temporary and permanent easements and entire tracts upon which such 21 rights of way or easements shall be located, within the limitations and conditions of Section 22 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), from those parcels 23 identified on Exhibit A attached hereto and made a part hereof as more particularly shown 24 (i) on the plans entitled "LASKIN ROAD GATEWAY PHASE I -A - CIP 2-143 - PHASE III — 25 31 ST STREET (LASKIN ROAD) ROADWAY AND UTILITY IMPROVEMENTS" and (ii) on 26 the acquisition plat for parcel No. 4 for the undergrounding of utilities in connection with 27 Phase III of Phase 1-A (collectively, the "Project") and more specifically described on the 28 acquisition plats for the parcels identified on Exhibit A and corresponding plans for the 29 Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in 30 the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be 33 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 34 reasonable offer to the owners or persons having an interest in the parcels identified on 35 Exhibit A. If refused, the City Attorney is hereby authorized to institute proceedings to 36 condemn said property and easements needed from the parcels identified on Exhibit A. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 39 , 2010. PREPARED: 12/3/2010 CA11672 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d029\p009\00081454.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC ORKS/REAL ESTATE CI7vY ATT EY EXHIBIT A PARCELS AFFECTED OWNER/GPIN Parcel 4 Cherry Motel Inc. GPIN: 2428-01-0308 Parcel 8 Harris Teeter Properties LLC GPIN: 2418-90-7941 Parcel 21 M & M Beach Investments LLC (RBC Centura Bank) GPIN: 2428-01--2948 Parcel 26 Six General Corporation (Papa John's Pizza) GPIN: 2418-91-8994 Parcel 32 Elk Investments, LLC GPIN: 2418-92-6178 Parcel 43 Bank of Virginia Beach (Bank of America NA) GPIN: 2428-02-3276 Parcel 51 Runnymede Corporation GPIN: 2418-92-8642 Condemnation is not authorized to acquire property or easements from any parcel not listed above. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Major Design Features for the Wesleyan Drive Project, CIP 2-145, and Authorizing the Acquisition of all Necessary Right -of - Way and Easements (Temporary and Permanent) by Agreement or Condemnation for that Project. MEETING DATE: December 14, 2010 ■ Background: The Wesleyan Drive Improvement Project (the "Project") is an Urban Construction Initiative (UCI) project. The Project would widen Wesleyan Drive between Northampton Boulevard and Baker Road from two lanes to four lanes, and would add a new landscaped median between the eastbound and westbound lanes. Other planned improvements include realigning the intersection at Wesleyan Drive and Northampton Boulevard, adding a traffic signal at the intersection of Wesleyan Drive and Virginia Wesleyan College, and pedestrian and bicycle improvements along Wesleyan Drive, including wide outside lanes and shared -use paths. The Project would be funded primarily with Federal Regional Surface Transportation Program (RSTP) funds. The Project area extends outside the City of Virginia Beach and into the City of Norfolk. RSTP funding is being provided to the City of Virginia Beach for the portion of the Project in Virginia Beach, and to the City of Norfolk for the portion of the Project in Norfolk. The City of Norfolk has requested that the City of Virginia Beach manage the entire project from Northampton Boulevard to Baker Road. A project administration agreement has been developed for the design of the project. A separate agreement for construction will be developed after the right-of-way is acquired and the private utilities are relocated. Each city would bear the cost of construction of the improvements located in the respective cities. By agreement, the City of Virginia Beach would be responsible for acquiring all necessary right-of-way within its borders and a small area of right-of-way (50+/- sq. ft.) and related easements from a parcel within the City of Norfolk. After acquisition, the City of Virginia Beach would dedicate the property and easements in Norfolk to the City of Norfolk. The City of Norfolk requested the City of Virginia Beach to acquire this property within Norfolk by an ordinance dated November 16, 2010. ■ Considerations: Federal funds for right-of-way acquisitions will not be allocated, unless an Ordinance is adopted by City Council for the major design features. ■ Public Information: A Design Public Hearing was held on May 26, 2010 to update citizens on the traffic and environmental studies and to receive comments on the major design features of the roadway. Approximately 21 citizens attended the hearing and 26 (written and oral) comments were received, of which, 9 were in favor of the Project. The civic league for L&J Gardens submitted a petition with 41 signatures expressing their desire for service road improvements along Wesleyan Drive, the median at Youlous Avenue to remain open, and for the intersection at Northampton and Wesleyan Drive to remain in its current location. A follow-up meeting was held to discuss adding gravel shoulders and piping the ditch that runs along the front of the properties that are adjacent to the service road to allow for additional parking for the residents. An advertisement of the public hearing was published in The Virginian -Pilot, Beacon. ■ Alternatives: Do not adopt the Ordinance resulting in potential loss of RSTP funding and delay of the Project. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Wesleyan Drive Improvement Project. Approve location and design features of the Project. ■ Attachments: Ordinance Location Map Recommended Action: Adopt Ordinance Submitting Department/Agency: Public Works/Engineering City Manage'(;Z L 1 1 AN ORDINANCE APPROVING THE MAJOR 2 DESIGN FEATURES FOR THE WESLEYAN DRIVE 3 PROJECT, CIP 2-145, AND AUTHORIZING THE 4 ACQUISITION OF ALL NECESSARY RIGHT -OF - 5 WAY AND TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR 7 CONDEMNATION FOR THAT PROJECT s 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation 12 of the safety, health, peace, good order, comfort, convenience, and for the welfare of 13 the people in the City of Virginia Beach; 14 15 WHERAS, a Design Public Hearing was conducted on May 26, 2010, ("Public 16 Hearing") in the City of Virginia Beach by representatives of the City of Virginia Beach 17 after due and proper notice for the purposes of considering the proposed design of is WESLEYAN DRIVE IMPROVEMENTS (CIP 2-145) (VDOT Project: 0000-122-140, 19 P101, R201, C501 UPC 52147 (Norfolk) and 0000-134-159, P101, R201, C501, UPC 20 52148 (Virginia Beach)), (the "Project"), in the Cities of Norfolk and Virginia Beach, at 21 which time drawings and other pertinent information were made available for public 22 inspection in accordance with state and federal requirements; 23 24 WHEREAS, all persons and parties in attendance were afforded full opportunity 25 to participate in said Public Hearing; 26 27 WHEREAS, representatives of the City of Virginia Beach were present and 28 participated in said Public Hearing; and 29 30 WHEREAS, this Project is included in the Urban Construction Initiative (UCI) 31 program; and 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. The major design features of WESLEYAN DRIVE IMPROVEMENTS (CIP 37 2-145) (VDOT Project: 0000-122-140, P101, R201, C501 UPC 52147 (Norfolk) and 38 0000-134-159, P101, R201, C501, UPC 52148 (Virginia Beach)) as presented at the 39 Public Hearing conducted on May 26, 2010, are hereby approved. 40 41 2. That the City Council authorizes the acquisition by purchase or 42 condemnation of all that certain real property in fee simple, including temporary and 43 permanent easements and entire tracts upon which such rights-of-way or easements 44 shall be located, within the limitations and conditions of Section 33.1-91 of the Code of 45 Virginia of 1950, as amended (collectively, the "Property"), as shown on the plans 46 entitled WESLEYAN DRIVE IMPROVEMENTS (CIP 2-145) (VDOT Project: 0000-122- so 47 140, P101, R201, C501 UPC 52147 (Norfolk) and 0000-134-159, P101, R201, C501, 48 UPC 52148 (Virginia Beach)) (the "Project") and more specifically described on the 49 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), 50 the Plans being on file in the Engineering Division, Department of Public Works, City of 51 Virginia Beach, Virginia, 52 53 3. That the City Manager is hereby authorized to make or cause to be made 54 on behalf of the City of Virginia Beach, to the extent that funds are available, a 55 reasonable offer to the owners or persons having an interest in said Property. If 56 refused, the City Attorney is hereby authorized to institute proceedings to condemn said 57 Property. 58 59 4. That the Director of Public Works is hereby authorized to execute on 60 behalf of the City of Virginia Beach, all the necessary utility agreements required in 61 conjunction with acquiring such rights-of-way. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 64 of , 2010. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM I U-lu Deartmdntlof Public Works CA11660 \\vbgov.com\DFS1Wpplicabons\CityLawProd\cycom32\WpdocsW010\P009\00079625.DOC R-1 December 2, 2010 City Attorney's Office MM -f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of Preservation Easement and the Issuance by the Obligations in the Maximum Amount of $374,914 Baum, Donald N. Baum and Kenneth W. Baum) MEETING DATE: December 14, 2010 an Agricultural Land City of its Contract (Property of Glenn A. ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 60.47 acres outside of marshland or swampland. It is owned by Glenn A. Baum, Donald N. Baum and Kenneth W. Baum. Under current development regulations, there is a total development potential of six (6) single-family dwelling building sites, none of which will be reserved for future development as a 3 acre building site. The parcel, which is shown on the attached Location Map, is located at the southwest corner of Baum Road and Crags Causeway, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $374,914. This price is the equivalent of approximately $6,200 per acre. z The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.230% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.230% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney, s Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manage 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $374,914 (Glenn A. Baum, Donald N. Baum and Kenneth W. 6 Baum) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $374,914; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.230% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.230% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2010. CA11665 UvbgovxomWS1 Wpplications\CityLawProdkcycom3ZWpdocsMD017XP01 O\00080360MOC R-1 DATE: November 19, 2010 APPROVED AS TO CONTENT Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: LUIS-%, 4 City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: L Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2010-110 SUMMARY OF MATERIAL TERMS SELLER: BAUM, Glenn A., BAUM, Donald N., and BAUM, Kenneth W. PROPERTY LOCATION: Southwest corner of Baum Road and Crags Causeway PURCHASE PRICE: $374,914 EASEMENT AREA: 60.47 acres, more or less DEVELOPMENT POTENTIAL: 6 single-family dwelling sites (6 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.230% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.230% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. U 03 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) for Space #30 in the Virginia Beach Farmers Market. MEETING DATE: December 14, 2010 ■ Background: Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) is a new tenant at the Virginia Beach Farmers Market and would like to lease Space #30 from the City of Virginia Beach (the "City"). ■ Considerations: The term of the lease is three (3) years, and the lease has a sixty (60) day termination clause in the event the City needs the property prior to the termination of the lease for any public purpose. Jutta Lemieszek will pay rent in the amount of $456 per month ($5,472 per year) for the first year, with 5% annual rent increases. The other lease terms are set forth in the attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manager. S �, 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 JUTTA LEMIESZEK (D/B/A JUTTA'S CANDLES AND 4 GIFTS) FOR SPACE #30 IN THE VIRGINIA BEACH 5 FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) is a new tenant 12 and would like to enter into a formal lease arrangement with the City for Space #30 in 13 the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment selling wood 16 crafts, candles, handcrafted signs and yard art, soy candles, reeds and scented oils, 17 Americana -styled plaques, gift baskets, magnets and other handmade crafted items, 18 and for no other purpose; 19 20 WHEREAS, Jutta Lemieszek has agreed to pay the City $456 per month 21 ($5,472 per year) for the use of the Premises for the first year of the term, with annual 22 rent increases equal to five (5) percent; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of three 28 (3) years between Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) and the City for the 29 Premises in accordance with the Summary of Terms attached hereto and made a part 30 hereof, and such other terms, conditions or modifications as may be acceptable to the 31 City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM n. w&", City Attorn CA 11664 V:\applications\citylawprod\cycon 32\Wpdocs\D025\P004\00007364.DOC R-1 December 3, 2010 APPROVED AS TO CONTENT Department of Agriculture SUMMARY OF TERMS LEASE FOR SPACE #30 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) PREMISES: Space #30 TERM: 36 months: December 1, 2010 — November 30, 2013 RENT: Year Mo thly Rent Annual Kent 1 $ 456 $ 5,472 2 $ 479 $ 5,748 3 $ 503 $ 6,036 RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for the retail sale of wood crafts, candles, handcrafted signs and yard art, soy candles, reeds and scented oils, Americana -styled plaques, gift baskets, magnets and other handmade crafted items, and for no other purpose; • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Mondays through Saturdays, and from 12:00 p.m. to 5:00 p.m. on Sundays. Lessee will always be closed on Mondays. Lessee will also be closed on Tuesdays during the months of January and February. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. u•�L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Motor Vehicles to Support Sterilization Programs for Dogs and Cats MEETING DATE: December 14, 2010 ■ Background: The Virginia Department of Motor Vehicles ("DMV") sells the Animal Friendly license plate, which is authorized as a part of its special license plate program. This plate is issued to supporters of dog and cat sterilization programs at a cost of $25.00 per year in addition to the prescribed fee for vehicle registration. After the first 1,000 sets of plates are sold, $15.00 of each fee is made available to the locality in which the vehicle is registered to be used to support sterilization programs for dogs and cats. Based on collections during Fiscal Year 2010, DMV has indicated that the City of Virginia Beach is due $7,515 from this program. Virginia Code §46.2-749 requires each locality to certify that this money will be used to support sterilization of dogs and cats. In previous years, the City of Virginia Beach did not have a sterilization program, so the City donated these funds to the Virginia Beach SPCA where they were used for sterilization purposes. Beginning in FY 2010-11, the City of Virginia Beach Animal Control began contracting with a provider for spay and neutering services, and now, the city is eligible to retain these funds to help offset the cost of the spay and neutering services being provided. ■ Considerations: Based on collections during Fiscal year 2010, DMV's records indicate that the City of Virginia Beach is due $7,515 from this program. It is recommended that the City accept and appropriate $7,515 from this program to the FY 2010-11 Operating Budget of Animal Control with the Police Department to help offset the cost of spay and neutering services being provided. ■ Public Information: Public information will be given through the regular Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: I AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 TO SUPPORT STERILIZATION PROGRAMS FOR DOGS 4 AND CATS 5 6 WHEREAS, the City of Virginia Beach previously received funding from the Virginia 7 Department of Motor Vehicles ("DMV") for participation in the selling of special license 8 plates program and donated the funds to the local SPCA; and 9 10 WHEREAS, the City became eligible to retain these funds beginning in FY 2010-11 11 by offering spay and neuter services for animals at the City operating shelter. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $7,515 is hereby accepted from the DMV and appropriated, with estimated 17 revenues from DMV increased accordingly, to the FY 2010-11 Operating Budget of Animal 18 Control, within the Police Department for the purpose of offsetting costs associated with 19 spay and neutering services being provided. 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: L Q. l Management Services Ci y' ice CA11760 R-2 December 1, 2010 t .+fit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Bradford located at the rear of 4824 Lake Bradford Lane, for property owner Keith P. Carl MEETING DATE: December 14, 2010 ■ Background: Mr. Carl has requested permission to construct and maintain an existing fence, fixed pier and gravel walking path in a portion of City property known as Lake Bradford, located at the rear of 4824 Lake Bradford, Virginia Beach, Virginia. The fence, pier and walking path have been in place for about 20 years. ■ Considerations: City staff have reviewed the requested encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement and conditioned upon the frame shed shown on the Exhibit being moved to comply with the City Zoning Code. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public W Real Estate ., City Manager 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 BRADFORD AND A PORTION OF THE 8 100' BORDER OF LAND OWNED BY 9 THE CITY AROUND LAKE 10 BRADFORD, LOCATED AT THE REAR 11 OF 4824 LAKE BRADFORD LANE FOR 12 PROPERTY OWNER KEITH P. CARL 13 14 WHEREAS, Keith P. Carl, desires to maintain an existing fence, fixed pier and 15 gravel walking path in a portion of the City's property known as Lake Bradford and a 16 portion of the 100' border of land owned by the City around Lake Bradford, located at 17 the rear of 4824 Lake Bradford Lane, in the City of Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Keith P. Carl, his heirs, 27 assigns and successors in title are authorized to maintain temporary encroachments for 28 an existing fence, fixed pier and gravel walking path in a portion of the City's property 29 known as Lake Bradford and a portion of the 100' border of land owned by the City 30 around Lake Bradford, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 31 A PLAT OF PROPERTY ADJACENT TO LAKE BRADFORD OWNED BY THE CITY 32 OF VIRGINIA BEACH AND LOT E RESUBDIVISION OF LOT 30, 31, 32 & WESTERN 33 50' OF LOT 29 PLAT OF BAYSIDE CORP. VIRGINIA BEACH, VIRGINIA, SHEET 1 OF 34 8, SCALE 1" = 100'," a copy of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are 38 conditioned upon the frame shed shown on the Exhibit A being moved such that it is in 39 compliance with the City Zoning Code's requirement that accessory structures less than 40 100 Square Feet must be five (5) feet from the property line; and 41 42 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 43 subject to those terms, conditions and criteria contained in the Agreement between the 44 City of Virginia Beach and Keith P. Carl (the "Agreement"), which is attached hereto and 45 incorporated by reference; and 46 47 48 49 50 51 52 53 54 55 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Keith P. Carl and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. CA -11655 R-1 PREPARED: 11/16/10 APPROVED AS TO CONTENTS LIC WORKS, REAL ES �� APPROVED AS TO LEGAL SUFFICIENCY AND FORM HARMEYER 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 12th day of October, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KEITH P. CARL, 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 E, on an UNNAMED STREET KNOWN AS LAKE BRADFORD DRIVE" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 30, 31, 32 & WESTERN 50' OF LOT 29 PLAT OF BAYSIDE CORP. CHESAPEAKE BEACH PRINCESS ANNE CO. VA. FOR FREDERICK RIEDER Scale 1" = 60' April 1950, prepared by C.A. Bamforth Surveyor," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 82, and being further designated, known, and described as 4824 Lake Bradford Lane, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing fence, fixed pier and gravel walking path, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS LAKE BRADFORD) (NO GPIN REQUIRED OR ASSIGNED — 100' BORDER OF LAND OWNED BY THE CITY AROUND LAKE BRADFORD) 1479-39-8383 (4824 Lake Bradford Lane) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Bradford the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A PLAT OF PROPERTY ADJACENT TO LAKE BRADFORD OWNED BY THE CITY OF VIRGINIA BEACH AND LOT E RESUBDIVISION OF LOT 30, 31, 32 & WESTERN 50' OF LOT 29 PLAT OF BAYSIDE CORP. SHEET 1 OF 8 SCALE 1" = 100'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment, herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 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 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 3 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 assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement is conditioned upon Grantee moving the frame shed shown on the Exhibit A so that is complies with the City Zoning Code's requirement that accessory structures less than 100 Square Feet must be five (5) feet from the property line. 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 11 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, Carl P. Keith, 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 OF 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/Authorized Designee of the City Clerk STATE OF VIRGINIA 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 Registration Number: My Commission Expires: (SEAL) Kr=ITH P. CARL STATE OF t CITY/COUNTY OF%� YJr-, to -wit: The foregoing instrument was acknowledged before me thisZr � V\ day of oclk)- 2010, by Keith P. Carl Notary Registration Number: 3sl ) III � My Commission Expires: Z APPROVED AS TO CONTENTS it'GNATURE PW ftAI af4 DEPARTMENT 7 hi� I ! r 1 t EUBEN ;•'�NOTARY�'•;P��, PUBLIC 4 Q ; REG # 351141 n ; MY COMMISSION q. ; EXPIRES ; Z �.•05/31/2012�: ��; APPROVED AS TO LEGAL SUFFICIENCY AND FORM DAN ' HARMEYER ASSISTANT CITY ATTORNEY re � rd tr ,oae am orvu �roH irr�a�s iia .n ti �) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to Planning Commission City Zoning Ordinance Amendments Pertaining to Bars and Nightclubs MEETING DATE: December 14, 2010 ■ Background: Section 111 of the City Zoning Ordinance currently defines the term "bar or nightclub" as, among other criteria set forth in the definition, "[a)n establishment ... that serves alcoholic beverages at any time between midnight and 6:00 a.m., except establishments in which the service of alcoholic beverages is incident to a wedding, banquet or similar function not open to the general public." If an establishment is classified as a bar or nightclub (as opposed to a restaurant) under the definition, it is a conditional use under Section 233.1 of the CZO and therefore requires a conditional use permit granted by the City Council. ■ Considerations: The Resolution refers to the Planning Commission an amendment clarifying the intent of the ordinance regulating bars and nightclubs. It does so by including, as one of the criteria for determining that an establishment is a bar/nightclub, that alcoholic beverages are consumed at any time between midnight and 6 a.m. The Resolution also directs the Planning Commission to act on the proposed amendments by no later than thirty (30) days after the adoption of the Resolution. This effectively requires the Commission to act at its January 2011 meeting. The amendments are being brought forward at the request of Councilmember John E. Uhrin. ■ Public Information: The Resolution itself does not require any form of advertising; the actual CZO amendments, however, will be the subject of twice - advertised public hearings before both the Planning Commission and the City Council. ■ Recommendations: Adoption of Resolution ■ Attachments: Ordinance setting forth proposed CZO amendments Recommended Action: Adoption of resolution Submitting Department/Agency: Requested by Councilmember John E. Uhrin City Manager: 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION PROPOSED AMENDMENTS TO SECTION 6 111 OF THE CITY ZONING ORDINANCE, PERTAINING TO 7 THE DEFINITION OF "BAR OR NIGHTCLUB" 8 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 There are hereby referred to the Planning Commission, for its consideration and 17 recommendation, proposed amendments to Section 111 of the City Zoning Ordinance, 18 pertaining to the definition of the term "bar or nightclub." A true copy of such proposed 19 amendments is hereto attached. 20 21 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That the Planning Commission be, and hereby is, directed to transmit to the City 25 Council its recommendation concerning the aforesaid amendments no later than thirty (30) 26 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED A TO NTENT. APPROVED AS TO LEGAL SUFFICIEN Y: Planning De artment I City Attorney's Office CA -11755 R-1 November 29, 2010 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND SECTION 111 OF THE 5 CITY ZONING ORDINANCE, PERTAINING TO THE 6 DEFINITION OF "BAR OR NIGHTCLUB" 7 8 Section Amended: City Zoning Ordinance Section 111 9 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That Section 111 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 111. Definitions. 21 22 For the purpose of this ordinance, words used in the present tense shall include 23 the future; words used in the singular number include the plural and the plural the 24 singular; the use of any gender shall be applicable to all genders; the word "shall" is 25 mandatory; the word "may" is permissive; the word "land" includes only the area 26 described as being above mean sea level; and the word "person" includes an individual, 27 a partnership, association, or corporation. 28 29 In addition, the following terms shall be defined as herein indicated: 30 31 .... 32 33 Bar or nightclub. An establishment, including a private club as defined by this 34 ordinance, that serves alcoholic beverages, or where alcoholic beverages are 35 consumed, at any time between midnight and 6:00 a.m., except establishments in which 36 the service of alcoholic beverages is incident to a wedding, banquet or similar function 37 not open to the general public, and in which both of the following conditions are met: 38 39 (1) The combined area of the dance floor and any other standing space 40 exceeds fifteen (15) percent of the public floor area of the establishment; 41 and 42 43 (2) Amplified music, other than prerecorded background music intended 44 solely as an accompaniment to dining, is provided between midnight and 45 6:00 a.m. 46 47 48 COMMENT 49 50 The amendment clarifies that the intent of the City Zoning Ordinance is to distinguish bars 51 or nightclubs from restaurants on the basis of: (1) the amount of standing space, including dance 52 floor, at the establishment; (2) the use of amplified music after midnight; and (3) the consumption 53 of alcoholic beverages after midnight. Where standing space exceeds 15% of the total public floor 54 area, amplified music (other than piped -in dinner music) is played after midnight, and alcoholic 55 beverages are consumed after midnight, an establishment is considered a bar or nightclub and is 56 therefore subject to the conditional use permit process. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning CA -11754 R-3 December 1, 2010 City Attorney's Office 2 �r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Endorsing the Application of the Department of Museums for a 2011 Transportation Enhancement Program Grant for Restoration Work at the Old Cape Henry Lighthouse MEETING DATE: December 14, 2010 ■ Background: The old Cape Henry Lighthouse is a National Historic Landmark located on Fort Story. It is owned by Preservation Virginia and is visited by over 60,000 people annually. Built in 1792, it is considered the first federally -funded public works project. In 1993, the Virginia Beach Planning Department made application to the Virginia Department of Transportation (VDOT) for a Federal Transportation Enhancement project grant to improve access at the top of the lighthouse and to repair damage to exterior stones of the lighthouse. That application requested a $200,000 project and the grant was awarded in July of 1994. City Council executed agreements with VDOT and with Preservation Virginia (then doing business as the Association for the Preservation of Virginia Antiquities) in 1998 to manage the project. The first phase of the project was to improve access to the top of the lighthouse. Approximately $40,000 of the project funds were spent in 2002, with Preservation Virginia providing the 20% match of such funds. Continuation of this phase was suspended because the City waited for Preservation Virginia to complete studies concerning the stabilization of the base of the lighthouse. These studies indicated that the remaining funding in the initial grant was not sufficient to complete the stabilization. ■ Considerations: VDOT has determined that the round of Enhancement Project grant applications due in December 2010 should be reserved exclusively for existing projects that need additional funding to be completed. The old Cape Henry Lighthouse project fits this requirement. This application and grant request will allow the City to complete the exterior foundation restoration and ground level public access for this project ("Phase II"). A supplemental grant application for Transportation Enhancement funds is very likely with a previous award having been made to the Cape Henry Lighthouse. The grant request is for $244,110 ($195,000 in federal pass-through funding and a $49,110 match). Preservation Virginia is responsible for providing the matching funds. These supplemental funds will be combined with the remaining balance of the first grant (CIP 9-275), which is about $160,000, to complete the stabilization of the lighthouse. When these funds are spent, Preservation Virginia will provide a 20% match. The City will need to develop a new agreement with Preservation Virginia regarding payment of the match and the cooperative relationship to complete this project. The attached endorsement resolution will assure the Transportation Board of the City's approval of the grant request and its commitment to ensure that Preservation Virginia provides matching funds. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Alternatives: Do not seek additional Federal Highway Administration funding for the restoration of old Cape Henry Lighthouse. Without this funding, this project will not be completed. ■ Recommendations: Adopt the Resolution of Endorsement for Phase II Restoration of the old Cape Henry Lighthouse as a proposed Transportation Enhancement Project. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Museums City Manager. 76g1� 1 A RESOLUTION ENDORSING THE APPLICATION OF THE 2 DEPARTMENT OF MUSEUMS FOR A 2011 3 TRANSPORTATION ENHANCEMENT PROGRAM GRANT 4 FOR RESTORATION WORK AT THE OLD CAPE HENRY 5 LIGHTHOUSE 6 WHEREAS, in accordance with Commonwealth Transportation Board ("Board") 7 construction allocation procedures, it is necessary that a request by resolution be received 8 from the sponsoring local jurisdiction in order that the Virginia Department of 9 Transportation ("VDOT") establish an enhancement project in the City of Virginia Beach 10 ("City"). 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City requests that the Board establish a project for the improvement of 16 the old Cape Henry Lighthouse ("Project"). 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That, upon establishment of the Project and Board approval of the requested 22 grant funds ("Enhancement Program Funds"): 23 24 1. The City agrees to work with Preservation Virginia to establish a 25 Memorandum of Agreement that requires Preservation Virginia to provide the match 26 equaling a minimum of 20 percent of the total cost for planning and design, right of way, 27 and construction of this project, as a condition of the City participating as Project Sponsor 28 and Fiscal Agent; and 29 30 2. Subject to review for legal sufficiency by the Office of the City Attorney, 31 the City agrees to enter into an agreement with VDOT and Preservation Virginia to provide 32 oversight that ensures the project is developed in accordance with all state and federal 33 requirements for design, right of way acquisition, and construction of a federally funded 34 transportation project; and 35 36 3. The City's agreement with Preservation Virginia will acknowledge that 37 the facility owner, Preservation Virginia, will be responsible for maintenance, upkeep and 38 operating costs of any facility constructed with Enhancement Program Funds; and 39 40 4. The City's agreement with Preservation Virginia will include a 41 requirement that, if Preservation Virginia elects to cancel the Project, Preservation Virginia 42 shall reimburse VDOT for the total amount of costs expended by VDOT on the project and 43 Preservation Virginia shall repay any funds previously reimbursed that are later deemed 44 ineligible by the Federal Highway Administration. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on the day 47 of 2010. APPROVED AS TO CONTENT 1� ClA ja a -bj,aA Management Services CA11758 R-2 December 1, 2010 APPROVED AS TO LEGAL SUFFICIENCY: -etfWbirney s Office u� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Endorsing the Application of the Department of Museums for a 2011 Transportation Enhancement Program Grant for Restoration Work at the Ferry Plantation House MEETING DATE: December 14, 2010 ■ Background: The Ferry Plantation House is located at 4136 Cheswick Lane and is owned by the City of Virginia Beach and leased to the Friends of Ferry Plantation House, Inc ("Friends"). The Friends have made significant progress in the restoration and furnishing of interior spaces in the House and have made it accessible to the public through tours and educational programs. Its work made the Ferry Plantation House eligible for placement on the National Register of Historic Places and it was awarded that honor in January 2005. The Virginia Beach City Council formally endorsed a project for the restoration of the Ferry Plantation House, including repair of bricks and mortar and the stucco fagade ("Phase I") on June 24, 2003. After endorsement by the City, an application was made to the Commonwealth Transportation Board for funding ($145,000) through the Virginia Department of Transportation (VDOT). Funding was approved, and the grant was awarded March of 2004. An easement issue caused delays, and Council finally accepted and appropriated the grant on February 7, 2006. In February 2007, VDOT approved the City's Architectural and Engineering contractor for the project. In the course of its project review, the Virginia Department of Historic Resources determined that the project's first priority should be to remove all of the modern mortar used to re - point the building in the 1980's and replace it with a soft mortar. All environmental and design work has been completed for Phase I and the construction work has been initiated and should be completed in spring 2011. ■ Considerations: VDOT has determined that the round of Enhancement Project grant applications due in December 2010 should be reserved exclusively for existing projects that need additional funding to be completed. The Ferry Plantation House project fits this requirement. This application and grant request will allow the City to complete the exterior renovation of this project ("Phase II"). The previous award to the Ferry Plantation House increases the likelihood that this supplemental grant application will be approved. The total for Phase II is $106,000 ($85,000 of grant funds with a local, cash match of about $21,000). If awarded, the likely source of the match is the General Fund Reserve for Contingencies. The attached endorsement resolution will assure the Transportation Board of the City's approval of the grant request and its commitment to provide matching funds. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: Do not submit the grant application for the 2011 Transportation Enhancement Project. Without additional Federal Highway Administration funding for the restoration of Ferry Plantation House, the project will not be completed. ■ Recommendations: Adopt the Resolution of Endorsement for Phase II Restoration of the Ferry Plantation House as a proposed Transportation Enhancement Project. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Museums City Manage • L.,7b8Lvoo4, 1 A RESOLUTION ENDORSING THE APPLICATION OF THE 2 DEPARTMENT OF MUSEUMS FOR A 2011 3 TRANSPORTATION ENHANCEMENT PROGRAM GRANT 4 FOR RESTORATION WORK AT THE FERRY PLANTATION 5 HOUSE 6 WHEREAS, in accordance with Commonwealth Transportation Board ("Board") 7 construction allocation procedures, it is necessary that a request by resolution be received 8 from the sponsoring local jurisdiction in order that the Virginia Department of 9 Transportation ("VDOT") establish an enhancement project in the City of Virginia Beach 10 ("City"). 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City requests that the Board establish a project for the improvement of 16 the Ferry Plantation House ("Project"). 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That, upon establishment of the Project and Board approval of the requested 22 grant funds ("Enhancement Program Funds"): 23 24 1. The City agrees to provide a minimum of 20 percent of the total cost 25 for planning and design, right of way, and construction of this project; and 26 27 2. Subject to review for legal sufficiency by the Office of the City Attorney, 28 the City agrees to enter into an agreement with VDOT to provide oversight that ensures the 29 project is developed in accordance with all state and federal requirements for design, right 30 of way acquisition, and construction of a federally funded transportation project; and 31 32 3. The City will be responsible for maintenance, upkeep and operating 33 costs of any facility constructed with Enhancement Program Funds; and 34 35 4. If the City of Virginia Beach subsequently elects to cancel the Project, 36 the City shall reimburse VDOT for the total amount of costs expended by VDOT through 37 the date it is notified of such cancellation. The City also agrees to repay any funds 38 previously reimbursed that are later deemed ineligible by the Federal Highway 39 Administration. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the day 42 of 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r Management Services ity rney's Office CA11759 R-2 December 2, 2010 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the Report of the Mayor's Alternative Energy Task Force MEETING DATE: December 14, 2010 ■ Background: On April 28, 2009, Mayor Sessoms created the Mayor's Alternative Energy Task Force (Task Force). The purpose of the Task Force was to: • "analyze the current reality of energy demand in Virginia. Beach and explore potential sources of supply to satisfy that demand"; • "consider how those possible supply sources might impact our community both economically and environmentally"; • "look forward in time to identify areas where supply may not keep pace with demand"; • "develop potential options to close that gap as well as to reduce our dependence on foreign sources" through identifying future sources which "must be environmentally sustainable and independent of foreign sources"; and • "ideally and proactively position Virginia Beach to be an active leader in the essential movement toward a more sustainable and intelligent energy future for our nation, Commonwealth and community". The Task Force conducted a total of nine meetings in pursuit of these goals. The first five meetings were devoted to helping the Task Force become informed by various subject matter experts on the need for energy, opportunities for energy alternatives, and what alternatives had the most promise for Virginia Beach, Hampton Roads, and the Commonwealth. The remaining three meetings were devoted to seeking public input and developing the Task Force Report (Report). In its Report, the Task Force recommends that the City's energy policy be linked to a "three-legged stool approach" to be pursued simultaneously: 1. Transitional development and prudent use of traditional energy resources; 2. Aggressive support for energy conservation and retrofits to optimize efficiency; and 3. Sustainable development and use of renewable energy sources. This "three-legged stool approach" forms the foundation for the Task Force's goals and recommendations. The 2007 and 2010 Virginia Energy Plans have requested that local governments establish policies to increase the energy efficiency of their citizens. As a result, the Task Force recommends that the City Council adopt the following energy goals - which are aligned with the Commonwealth of Virginia's goals: GOAL 1. Increase the City's energy independence, with an emphasis on conservation and clean fuel technologies. GOAL 2. Reduce current municipal government energy consumption by fifteen percent by 2025. GOAL 3. Expand residential/business energy education to overcome barriers to implementing energy -efficiency and conservation actions. GOAL 4. Reduce greenhouse gas emissions by thirty percent in the City by 2025. GOAL 5. Capitalize on economic development opportunities through business expansion and increased research and development in areas of strength, including alternative energy development. GOAL 6. Increase indigenous energy production in the City by twenty percent by 2025. The Report contains detailed recommendations and actions aimed to accomplish these six goals. The Report also contains several procedural recommendations, including the appointment of a City Energy Advisory Committee, pursuing partnerships to accomplish implementing the recommendations in the Report, and policy recommendations related to uranium mining, offshore oil and natural gas drilling, and the proposed Dendron Coal Plant in Surry County, Virginia. Actions on these procedural and policy recommendations are being pursued on a case-by-case basis by the City Council. ■ Considerations: The Report was prepared based on input from Task Force members and City staff. The extensive level of interaction between staff, Task Force members and energy experts who made presentations to the Task Force was invaluable in the development of the goals, recommendations and actions in the Report. ■ Public Information: The Task Force conducted a public hearing to obtain input for the Report on October 26, 2009. City staff provided City Council a briefing on the Report at its informal session on September 7, 2010. Since that date, the Report has been circulated to the community for response and input. The City additionally brought matters related to the proposed Dendron Coal Plant in Surry County to the attention of the Hampton Roads Planning District Commission at its October 20, 2010 meeting. ■ Recommendations: It is recommended that City Council approve the attached resolution that adopts the Virginia Beach Alternative Energy Task Force Report and that directs the City Manager to undertake actions that would carry out the goals, recommendations and actions set forth. ■ Attachments: Resolution and Virginia Beach Alternative Energy Task Force Report dated September 7, 2010 Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: V 1 A RESOLUTION ADOPTING THE 2010. VIRGINIA 2 BEACH ALTERNATIVE ENERGY TASK FORCE 3 REPORT 4 5 WHEREAS, on April 28, 2009, Mayor William Sessoms created the Mayor's 6 Alternative Energy Task Force and directed the Task Force to: 7 8 1) Analyze the current reality of energy demand in Virginia Beach and 9 explore potential sources of supply to satisfy that demand; 10 11 2) Consider how those possible supply sources might impact our community 12 both economically and environmentally; 13 14 3) Look forward in time to identify areas where supply may not keep pace 15 with demand; 16 17 4) Develop potential options to close that gap as well as to reduce our 18 dependence on foreign sources through identifying future sources which must be 19 environmentally sustainable and independent of foreign sources; and 20 21 5) Ideally and proactively position Virginia Beach to be an active leader in 22 the essential movement toward a more sustainable and intelligent energy future for 23 our nation, Commonwealth and community; and 24 25 WHEREAS, the Task Force conducted a total of nine meetings in pursuit of this 26 goal; and 27 28 WHEREAS, the Task Force has compiled its findings in a report to the City Council, 29 detailing a recommended City energy policy approach, and a supporting series of goals, 30 recommendations and actions to help accomplish this policy. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council herby adopts the 2010 Virginia Beach Alternative Energy Task 36 Force Report, which is attached hereto as Exhibit A and is hereby incorporated by 37 reference. 38 39 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 40 BEACH, VIRGINIA: 41 42 That the City Manager is hereby directed to undertake those actions that would carry 43 out the goals, recommendations and actions set forth in the Task Force Report. 44 45 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 46 BEACH, VIRGINIA: 47 48 49 50 51 52 53 That actions on the procedural recommendations contained within the Task Force Report, including the appointment of a City Energy Advisory Committee, pursuing partnerships to accomplish implementing the recommendations in the Report, and policy recommendations related to uranium mining, offshore oil and natural gas drilling, and the proposed Dendron Coal Plant in Surry County, Virginia, shall be pursued as deemed appropriate on a case-by-case basis by the Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: k anager's Offic CA11764 R-1 December 8, 2010 APPROVED AS TO. LEGAL SUFFICIENCY: City Attorney's Office L. PLANNING Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX IV, LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of BRENDA KAY FREEMAN/LAKE GEM D8, LLC for a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re religious use at 945A Reon Drive. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 4. Application of NEW LIFE MISSION for a Conditional Use Permit re religious use and day care at 519 N. Witchduck Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Applications re Changes of Zoning District Classifications at Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKE, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH: DISTRICT 1 — CENTERVILLE (1) R -5D Residential Duplex to B-2 Community Business (2) R -5D Residential Duplex to Conditional R-51) Residential Duplex (3) R-51) Residential Duplex to Conditional B-2 Community Business RECOMMENDATION APPROVAL 6. Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, December 14, 2010, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE Brenda Kay Freeman/Lake Gem D8, LLC Application: Conditional Use Permit for an indoor recreational facility at 2181 Upton Drive, Suite 412 (GPIN 2414249922). CITY OF VIRGINIA BEACH Ordinance to amend the Comprehensive Plan by adopting the Interfacility Traffic Area and Vicinity Master Plan, October 2010. LYNNHAVEN DISTRICT Olympia Bendix -IV, LLC Application: Subdivision Variance at 301 Bendix Rd, Suite 2 (GPIN 1477719744). CENTERVILLE DISTRICT Berean Bible Church Application: Conditional Use Permit for a religious use at 945A Reon Drive (GPIN 1456632316). R.M. Clarke, LLC./IRRA, LLC Application: Change of Zoning District Classification from R-51) Residential Duplex to B-2 Community Business at Indian River Road between Lake James Drive and Ferry Point Road. Comprehensive Plan - Suburban Area. CITY OF VIRGINIA BEACH Application: Change of Zoning District Classification R-51) Residential Duplex to Conditional R-51) Residential Duplex at Indian River Road between Lake James Drive and Ferry Point Road (GPINs 1465194098). Comprehensive Plan - Suburban Area. CITY OF VIRGINIA BEACH Application: Change of Zoning District Classification. R-51) Residential Duplex to Conditional B-2 Community Business at Indian River Road between Lake James Drive and Ferry Point Road (GPINs 1465194098). Comprehensive Plan - Suburban Area. BAYSIDE DISTRICT New life Mission Application: Conditional Use Permit for a religious use and day care at 519 North Witchduck Road (GPIN 1467982404). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgov.com/Dc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 4303. BEACON NOV 28 & DEC 5, 2010 u a a m m �t W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OLYMPIA BENDIX IV, LLC, Subdivision Variance, 301 Bendix Rd, Suite 2 (GPIN 1477719744). LYNNHAVEN DISTRICT. MEETING DATE: December 14, 2010 ■ Background: It is the intent of the applicant to subdivide the property into two parcels, so each of the existing office buildings will be on a separate lot. Existing Lot: The existing site's area is 7.915 acres. It is.zoned 0-2 Office District and contains two existing five story office buildings. Access to the site is via the terminus of Bendix Road. The land is currently owned by one company and the buildings are owned by separate companies under lease agreements. The buildings are also financed by different lending institutions. The applicant has indicated that having buildings owned and financed by separate entities on one parcel, which is owned by a different entity, is posing lending and property tax escrow issues. Proposed Lots: Parcel 2-A will contain 4.399 acres and Parcel 2-13 will contain 3.516 acres. However, Parcel 2-13 will not have frontage on a public street and a variance is required. No site improvements are proposed. Private ingress/egress, cross -parking, drainage and utility easements will be provided over the existing infrastructure to serve both parcels. Each parcel meets the minimum lot area requirement and meets their respective parking requirements. !f= atffillmd Lot 2-A L912 --a Lot Width in feet 100 100.10 0* Lot Area in acres 1.0 4.399 3.516 variance required ■ Considerations: Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: Olympia Bendix IV, LLC Page 2 of 3 A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This is a simple request to subdivide an existing developed site, containing two buildings, into two parcels so each building will be on a separate lot. No additional development is proposed. The access and infrastructure serving the buildings will not change. Each parcel meets the minimum lot area requirement and meets their respective parking requirements, however, proposed Parcel 2-B will not have frontage on a public street as required by Section 4.4(d) of the Subdivision Ordinance and a variance is required. Staff recommends approval with the condition below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0-2, to recommend approval of this request to the City Council with the following conditions: The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel 2"; dated June 1, 2010 and prepared by The Spectra Group. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Olympia Bendix IV, LLC Page 3 of 3 ■ 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. � k LIAXIMiTN iup Bendix I`: LLC 5 November 10, 2010 Public Hearing APPLICANT: OLYMPIA BENDIX IV, LLC PROPERTY OWNER: OLYMPIA BENDIX I, LLC STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street. ADDRESS / DESCRIPTION: 301 Bendix Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14777197440000 Lynnhaven 7.915 acres Less than 65 dB DNL SUMMARY OF REQUEST It is the intent of the applicant to subdivide the property into two parcels, so each of the existing office buildings will be on a separate lot. Existing Lot: The existing site's area is 7.915 acres. It is zoned 0-2 Office District and contains two existing five story office buildings. Access to the site is via the terminus of Bendix Road. The land is currently owned by one company and the buildings are owned by separate companies under lease agreements. The buildings are also financed by different lending institutions. The applicant has indicated that having buildings owned and financed by separate entities on one parcel, which is owned by a different entity, is posing lending and property tax escrow issues. Proposed Lots: Parcel 2-A will contain 4.399 acres and Parcel 2-13 will contain 3.516 acres. However, Parcel 2-13 will not have frontage on a public street and a variance is required. No site improvements are proposed. Private ingress/egress, cross -parking, drainage and utility easements will be provided over the existing infrastructure to serve both parcels. Each parcel meets the minimum lot area requirement and meets their respective parking requirements. OLYMPIA NDIX IV, ILC nenda ltd 5 Item I ot2-A Lot 2_B Lot Width in feet 100 100.10 0 - Lot Area in acres 1.0 4.399 3.516 variance requirea LAND USE AND PLAN INFORMATION EXISTING LAND USE: Two five story office buildings with associated parking. SURROUNDING LAND North: . Office buildings /0-2 Office District USE AND ZONING: South: . Interstate 264, Mount Trashmore Park, P-1 Preservation District East: . Undeveloped City owned property / 0-2 Office District West: . Office building/ 0-2 Office District and B-3 Central Business District COMPREHENSIVE PLAN: This site is located in the Pembroke Strategic Growth Area 4 subarea of the Central Business District/Bonney Area. The Bonney Area is comprised of mid-size and extended -stay hotels, office buildings and the new City View residential development. The Comprehensive Plan recommends locating mixed-use office, commercial, residential, and hospitality development in this district to complement the adjacent Central Business District Core area and foster business along Bonney Road. The request for a subdivision variance to accommodate existing office development on the subject property is consistent with the Comprehensive Plan's recommendations for this area. IMPACT ON CITY SERVICES WATER AND SEWER: This site Is connected to City water and sewer. OLYMPIA ENDIX IV, LLC Agenda Iter 5 :Fags EVALUATION AND RECOMMENDATION Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This is a simple request to subdivide an existing developed site, containing two buildings, into two parcels so each building will be on a separate lot. No additional development is proposed. The access and infrastructure serving the buildings will not change. Each parcel meets the minimum lot area requirement and meets their respective parking requirements, however, proposed Parcel 2-B will not have frontage on a public street as required by Section 4.4(d) of the Subdivision Ordinance and a variance is required. Staff recommends approval with the condition below. CONDITION The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel 2"; dated June 1, 2010 and prepared by The Spectra Group. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OLYMPIA BENDIX IV, SLC Agenda atm 5 Pad 3. AERIAL OF SITE OLYMPIA RENDIX IV. .c 5 �� 1 21 he oil rifit y { ,ems all ! 4it lo ii; >s� 45 I Pill is fit lit h4fill'i, if fi r A.o. � S € s�y i 1 'A E 014 PROPOSED SUBDI S� PHOTOGRAPH LC a5 ZONING OLYMPIA S"TOF�Y IDIXIV,,LLC ,Agenda Itn 5 Pa9e 7 DATE I REQUEST JAPPUdANT ACTION 1 02/01/2000 1 Street Closure I Olympia Bendix, LLC Approved ZONING OLYMPIA S"TOF�Y IDIXIV,,LLC ,Agenda Itn 5 Pa9e 7 F CLOSURE 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) Olympia Sendix IV, LLC -,by OBIV Partners 2008, LLC, Manager and Bay Shore Real Estate Ventures, LLC, Member by Olympia Investment Corporation, Manager, by Cecil V. Cutchins, President (see attached list) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Olympia Bendix One, LLC, by Olympia Bendix, LLC, Manager, by Olympia Partners 2000, LLC, Manager by Olympia Investment Corporation, Manager by Cecil V. Cutchins, President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2See 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? subdivision Venance Appftrlim Page 9 of 10 Revised 3/11/08 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 exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning tog and view the site for purposes of processing and evaluating this application. Olympia serwix IV, LLC pl' Sig re Print Name Property Owner's Signature (if different than appikant) Print Name SutxiivWm Vwianm Application Page 10 of 10 Revised 711IRM DISCLOSURE STATEMENT OLYMPIA BENDIX IV Agenda It pl- Item #5 Olympia Bendix IV, L.L.C. Subdivision of Olympia Bendix IV, L.L.C. 301 Bendix Road, Suite 2 District 5 Lynnhaven November 10, 2010 CONSENT An application of Olympia Bendix IV, L.L.C. for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street. GPIN:14777197440000. CONDITION The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel 2"; dated June 1, 2010 and prepared by The Spectra Group. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 9-0-2, with the abstentions so noted, the Board has approved item 5, Olympia Bendix IV, L.LC. for consent. Les Watson appeared before the Board, on behalf of the applicant. AYE 9 NAY 0 ABS 2 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUSSO ABS STRANGE AYE By a vote of 9-0-2, with the abstentions so noted, the Board has approved item 5, Olympia Bendix IV, L.LC. for consent. Les Watson appeared before the Board, on behalf of the applicant. p CL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRENDA KAY FREEMAN/LAKE GEM D8, LLC, Conditional Use Permit, indoor recreational facility, 2181 Upton Drive, Suite 412 (GPIN 2414249922). PRINCESS ANNE. MEETING DATE: December 14, 2010 ■ Background: The applicant requests a Conditional Use Permit for a 24-hour fitness center in Red Mill Commons (retail center) within a space occupied by East Coast Leisure. The proposed business, Anytime Fitness, is located in 46 states and Canada. Members can work-out any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. The facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. ■ Considerations: While the operation of a business 24 hours a day is not typical, the applicant has addressed issues of particular concern related to safety. The information provided was reviewed and supported by the Police Department. Traffic is far reduced with this use over a typical retail operation, which is particularly important particularly during peak hours. The proposed indoor recreation use is consistent with the policies of the Comprehensive Plan. This type of use helps support the recreational needs of residents in the area. Ample parking is available within the center to support this use. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance Guidelines, ensuring quality site, architectural, and landscape design. Staff recommends approval of this request for an Indoor Recreational Facility at this location with the following conditions. Brenda Kay Freeman Page 2of2 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. This use permit is valid for the subject unit of 4,800 square feet and any future units in the commercial center on the property that the studio may expand into. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. ■ 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: City Manager: S K Planning Department: m 7 PRI,YrEss .a.VAT "°r, "'= Brenda "Kay" Freeman 3'B Lrr:82 A F. ��►r��. I cz f=� 82 AGZ it \ -rd s `OpeO CUP- Moor Recreation Facility REQUEST: Conditional Use Permit (Indoor Recreation Facility) ADDRESS / DESCRIPTION: 2181 Upton Drive #412 16 December 8, 2010 Public Hearing APPLICANT: BRENDA "KAY" FREEMAN PROPERTY OWNER: LAKE GEM D8, LLC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: 4.7 acres AICUZ: 24142499220000 PRINCESS ANNE Lease Space: 65 dB — 70 dB DNL 4800 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a 24-hour fitness center in Red Mill Commons (retail center) within a space occupied by East Coast Leisure. The proposed business, Anytime Fitness, is located in 46 states and Canada. Members can work-out any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. The facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. EXISTING LAND USE: Shopping center SURROUNDING LAND North: 0 LAND USE AND PLAN INFORMATION USE AND ZONING: South: . Elson Green Avenue • Retail shops / B-2 Community Business District East: • Upton Drive • Multi -family dwellings/ A-18 Apartment District West: . Retail shops / B-2 Community Business District NATURAL RESOURCE AND There are no significant environmental or cultural features on the site as CULTURAL FEATURES: it is developed as a shopping center and is almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Major Commercial Center within the overall Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. (p. 3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from both Upton Drive and Elson Green Avenue. Upton Drive in the vicinity of this application is a four - lane divided minor urban collector with a one hundred ten foot (110) right-of-way width. The Master Transportation Plan designates this roadway as a major collector with a one hundred foot (100') right-of-way width. There are currently no capital improvement plan (CIP) projects scheduled for this portion of Upton Drive. Elson Green Avenue in the vicinity of this application is an undivided four -lane local/collector street, with a right-of-way width of eighty feet (80'). There are currently no capital improvement plan (CIP) projects scheduled for this portion of Elson Green Avenue. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Upton drive No counts 6,200 ADT (Level of Existing Land Use — available. Service "C°) 240 ADT 9,900 ADT' (Level of Proposed Land Use 3— Service "D") - capacity 206 ADT 11,100 ADT ' (Level of Service "E" Average Daily Trips 2 as defined by 4,800 shopping center 3 as defined by 4,800 athletic club PUBLIC WORKS/ TRAFFIC ENGINEERING: The proposed use does not appear to generate any more trips than what this type of shopping center would be expected to generate. Additionally, the existing turn lanes provided for the shopping center appear to serve the vehicle trips appropriately. WATER and SEWER: This site connects to City water and City sanitary sewer. BRENDA "KAY" FREEMAN/ LAKE GEM D8, SLC. Agenda Item 16 Pane 2 EVALUATION AND RECOMMENDATION While the operation of a business 24 hours a day is not typical, the applicant has addressed issues of particular concern related to safety. The information provided was reviewed and supported by the Police Department. Traffic is far reduced with this use over a typical retail operation, which is particularly important particularly during peak hours. The proposed indoor recreation use is consistent with the policies of the Comprehensive Plan. This type of use helps support the recreational needs of residents in the area. Ample parking is available within the center to support this use. The site is part of a major commercial center that was developed in accordance with the Retail Establishments and Shopping Centers Ordinance Guidelines, ensuring quality site, architectural, and landscape design. Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions below. CONDITIONS 1. This use permit is valid for the subject unit of 4,800 square feet and any future units in the commercial center on the property that the studio may expand into. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BRENDA "KAY" FREEMAN/ LA AERIAL OF SITE BRENDA "KAY" FREEMAN/ LAKEPEM D Agenda I !"•If 31 i i �ilq s ilk � 3 i jrl(�ItW afwi :1?I tlrIWINI NNB/EIlI: 0. i' Stuff. ..+"t.!S!!-::'en::.. ..".'mow.... • R"9f�±!e±! ! o!! MMUMN NNB0ii i— 3iiini W�xnaxa� i iirxil�re �s�wlw;� i i i w� i W i roililiii ir, 5—s EXTERIOR PHOTOGRAPH OF PROPOSED LEAS SPACE PRINCESS AINArE J-111 is -11 it _ t ttTr tt r A119L of to s.z Brenda - K -ay , freeman ` r P �_ y ;.. AG2 3K cony wnn oonarnonsrrouers, upon Space Promotion or PCUP -Indoor Recreation Facility DH -2 Overlays # DATE REQUEST APPLICANT ACTION 1 04/27/2010 Modification of Conditions Lake Gem D8, LLC Approved 2 08/12/2008 Modification of Conditions Ellis Gibson Development Approved 3 03/25/03 Rezoning (B-2 to Cond. B-2 & A-18 Approved 4 12/11/01 Rezoning (B-2 to Cond. A-12) Dra as Associates, IX, LC Approved 5 11/14/95 Use Permit (automobile service station William H. chapman Approved 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 fist if necessary) D% & Jne 55 L L L Cr',bcx A„ LI JImz:3 'J r C, /l4vri�?�)r.. c��.�er�,QS �%afil�5'11;k ki;i rY1t•»%?Z% 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Does an official or employee of thg 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? Conditional use Pemdt Appkafim Page 9 of 10 Revised 702007 DISCLOSURE STATEMENT. C) DISCLOSURE STATEMENT 10000100t W. C) 111000=01111 A O V 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) VJAka ,\ 0rv111C Cb'1'-u5'c-• r 1 i ic,�c��aC .eo.1 slot 5,rius ScA-JL •o CcX ,tr1a11�Cs i��ktS in,k-t CreXK44 i "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commhVled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a reg War 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 squired 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. r � � Fno!.; Ka., r--I'f-f�74T1 Applicant's Signature Print Name LAKE 60E d$. L.L.G. 9 ITS I}TT0PJJEr---J-FkT 1iil�r.�n..t A. ( lr{ILHAs"t- /I; Eve/E1PPt'r2� -rlttoits. Property AWnees Signature (if different than applicant) Print Name r-rva LA Kk Gtr 09, conditional Use Permit Appfi=fion Page10di0 Revised 7 3r"7 BRENDA "KAY" FREEMAN/ LAKE tEM D8, LLC. Agenda Itt :1 6 Page ,9 Item #16 Brenda Kay Freeman Conditional Use Permit for an indoor recreational facility 2181 Upton Drive, Suite 412 District 7 Princess Anne December 8, 2010 CONSENT An application of Brenda Kay Freeman for a Conditional Use Permit for an indoor recreational facility (24-hour fitness center) on property located at 2181 Upton Drive, Suite 412, District 7, Princess Anne. G P I N : 24142499220000. CONDITIONS This use permit is valid for the subject unit of 4,800 square feet and any future units in the commercial center on the property that the studio may expand into. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 AB SENT 0 Item #16 Brenda Kay Freeman Page 2 Fiona Blackmore, Commercial Real Estate Services appeared on behalf of the applicant. There was no opposition to this application. p :i r— tr +ti G Q CK O a+ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEREAN BIBLE CHURCH, Conditional Use Permit, religious use, 945A Reon Drive (GPIN 1456632316). CENTERVILLE DISTRICT. MEETING DATE: December 14, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a small church to occupy a portion of an existing building. The church currently meets Sunday mornings at another location and proposes Sunday services at this site from 9:00 a.m. to 1:00 p.m. The current membership is 20 with plans to grow in the future. The church also plans on continuing outreach services to the community focusing on assisting widows. The church has helped widows in the form of financial assistance, remodeling work, and installation of handicap ramps. ■ Considerations: There is ample parking available on the site and the use is compatible with existing uses on the property and in the vicinity. It is Staff's opinion that this use will not pose any negative impact for surrounding uses in the commercial center or surrounding properties. The church will be a positive addition to this site and approval is recommended. Staff recommends approval of this request with the conditions below. 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 or activity shall not exceed the occupancy number to be 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's Office. Berean Bible Church Page 2 of 2 ■ 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 Manage.tN�% �, , 0t� CENTERHUX Map s-9 Berean Bible Church CUP - Retlglous Use REQUEST: Conditional Use Permit (religious use) ADDRESS / DESCRIPTION: 945 A Reon Drive November 10, 2010 Public Hearing APPLICANT: BEREAN BIBLE CHURCH PROPERTY OWNER: DELOS REALTY CORPORATION STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14566323160000 CENTERVILLE 59,918 square feet Less than 65 dB DNL LEASE SPACE: 1,100 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a small church to occupy a portion of an existing building. The church currently meets Sunday mornings at another location and proposes Sunday services at this site from 9:00 a.m. to 1:00 p.m. The current membership is 20 with plans to grow in the future. The church also plans on continuing outreach services to the community focusing on assisting widows. The church has helped widows in the form of financial assistance, remodeling work, and installation of handicap ramps. LAND USE AND PLAN INFORMATION EXISTING LAND USE: a mix of retail, office and daycare in 3 separate buildings SURROUNDING LAND North: USE AND ZONING: Providence Road Self storage facility, office, karate, Woodstock Elementary BEREAN BIBLE CHURCH / DELOS REALTY CORPORATION Agenda Itn 8 Page 1 School / B-2 Community Business District South: . Retail / B-2 Community Business District East: . Reon Drive • City park (athletic fields) / B-2 Community Business District West: . Self storage facility / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant natural or cultural resources on the site as it is almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as the Suburban Area. The Plan recognizes the need to preserve and protect the character of the stable neighborhoods in the Suburban Area as well as reinforce the suburban characteristics of commercial centers and other non-residential areas. Planning principles established to protect this area state that all new development and redevelopment should reinforce neighborhood compatibility, quality site and building design, improved mobility, be environmentally responsible, advance community livability, employ effective buffering between residential and non-residential uses, and be compatible in size and intensity to the existing area (p 3-1 to 3-3). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Providence Road in the vicinity of this application is considered a four -lane divided minor urban arterial. The MTP proposes a divided facility with bikeway within a 125 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a Level of Service "E." Reon Drive in the vicinity of this application is considered a two-lane undivided collector/local street. Reon Drive is not identified on the MTP. No roadway CIPs are slated for either segment of these streets. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Providence Road 24,555 ADT 14,800 ADT (Level of Existing Land Use — Service "C") - 27,400 Weekday: 56 ADT ADT' (Level of Service Sunday: 26 ADT "E") Proposed Land Use 3- Reon Drive NO DATA Weekday: 11 ADT AVAILABLE Sunday: 46 ADT Average Daily Trips s as defined by 1,250 square feet of a typical retail use 3 as defined by 1,250 square feet of a typical church use WATER & SEWER: This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION There is ample parking available on the site and the use is compatible with existing uses on the property and in the vicinity. It is Staffs opinion that this use will not pose any negative impact for surrounding uses in the commercial center or surrounding properties. The church will be a positive addition to this site and approval is recommended. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The number of individuals attending any one service or activity shall not exceed the occupancy number to be 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's Office. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE BEREAN BIBLE CHURCH / DELOS REALTY a ,N 'l1ap B-9 Q ✓af/i� CUP- Religious Use Rurns�rs Ril�ln i.+a>a %,"JLA LiWito tiJLJL iA Vli R10 R10 I. N 1 02/10/04 MOD (mini warehouse) Granted 03/11/03 MOD (mini warehouse) Granted 09/25/01 CUP mini warehouse Granted 2 04/27/93 MOD church expansion) Granted 3 04/23/90 Change of Zoning B-2 to R-40 Granted 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) David B. Curtis Trustee Gary P. Hardison Trustee 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 13 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) Delos Realty Corporation; Directors: 1 -Clifford Schroeder, Allesandra L Schroeder, Charles E. Hicks Ofrtcers: L Clifford Schroeder -President, Lois T. Schroeder -vice pros. Charles E. Hicks-Sechreasune 2. List all businesses that have a parent -subsidiary' or affiliated business ental relationship with the applicant: (Attach list if necessary) None ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ffi 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? Conditional Use PemOt Appicatlon Paye 9 a 90 Revised 7/3=7 DISCLOSURE BEREAN BIBLE CHURCH / DELOS REALTY Agenda Itl Pa ENT ON stn 8 ;P,7 Z DISCLOSURE STATEMEPIT 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) "vivc ' 'Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plan to photograph and view the site for purposes of processing and evaluating this application. David B_ Curtis Print Name L. Clifford Schroeder Print Name CondWonal Use Perms Appkcakn Page 10 of 10 Revised 7/38007 DISCLOSURE ST BEREAN BIBLE CHURCH / DELOS REALTY 1TEMENT ;PORATON Agenda Ira 8 page 8 Item #8 Berean Bible Church Conditional Use Permit 945 A. Reon Drive District 1 Centerville November 10, 2010 CONSENT An application of Berean Bible Church for a Conditional Use Permit (religious use) on property located at 945 A Reon Drive, District 1, Centerville. GPIN: 14566323160000. CONDITIONS 1. The number of individuals attending any one service or activity shall not exceed the occupancy number to be 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's Office. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 0 Item #8 Berean Bible Church Page 2 By a vote of 11-0, the Board has approved item 8, Berean Bible Church for consent. Pastor David Curtis, applicant appeared before the Board. t4■ li NO NN BFi„ Ol `•S% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW LIFE MISSION, Conditional Use Permit, religious use and day care, 519 N. Witchduck Road (GPIN 1467982404). BAYSIDE DISTRICT. MEETING DATE: December 14, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a religious use and daycare facility within an existing 3,168 square foot building. The religious services are held on Sunday from 10:00 a.m. to 1:30 p.m. and from 7:30 p.m. to 9:30 p.m. Wednesday Bible Study is from 7:30 p.m. to 9:00 p.m., and Friday services are from 7:30 p.m. to 9:30 p.m. The church has 70 members. The daycare hours of operation are Monday through Friday from 6:00 a.m. to 6:00 p.m. The children cared for at this facility range in age from eight months to four years old. It is envisioned that a maximum of 35 children will be in the daycare facility at times during the hours of operation. Three employees are anticipated to operate the daycare. The existing building is located along the western property line with 14 parking spaces located on the eastern side of the building. The applicant is not proposing any exterior building modifications, however has agreed to install five small trees within the street frontage area and re -stripe the existing parking lot. ■ Considerations: The proposed religious use is consistent with land use principles of the Comprehensive Plan. However, site design improvements are recommended to better address the Community Appearance Guidelines and contribute to a more positive community appearance at this location. Witchduck Court serves as the primary entrance for the Witchduck Lake condominium community. Additional landscaping should be provided where possible to enhance the site and complement adjacent properties. Staff is thus recommending Condition 2 and Condition 4 requiring that the applicant install additional landscaping and limit signage in order to enhance the appearance of the existing site. New Life Mission/Donald Downs, Downs Properties, Inc. Page 2 of 2 There is sufficient parking to support the proposed uses. The Zoning Ordinance requires 14 parking spaces for a church with 70 seats and 13 parking spaces for a 3,168 SF day care. Fourteen parking spaces are shown on the site plan. The site plan recommended for approval accommodates Traffic Engineering's suggestions by reconfiguring the parking spaces located at the northern most corner of the site. Staff finds that the parking reconfiguration will improve the existing parking configuration. Staff recommends approval of this request with the following conditions. 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 parking lot shall be striped and in substantial conformance with the submitted marked -up site plan entitled, "Site Plan of Lot 1" by James C. Hickman and dated January 25, 1979. 2. The site shall be landscaped in substantial conformance with the submitted marked -up site plan entitled, "Site Plan of Lot 1" by James C. Hickman and dated January 25, 1979. 3. There shall be no more than 70 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 4. No freestanding signs shall be permitted on-site. 5. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy of use from the Building Official. ■ 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 S V , �.y BAISIDE Map n-6 New Life Mission e.iueidrv.. °j1n CUP - for Religious Use and Day Care sy—".Dame" PW owwy. REQUEST: Conditional Use Permit (religious use and day care) ADDRESS / DESCRIPTION: 519 N. Witchduck Road 11 November 10, 2010 Public Hearing APPLICANT: NEW LIFE MISSION PROPERTY OWNER: DONALD DOWNS, DOWNS PROPERTIES, INC. STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14679824040000 BAYSIDE 11,490 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use and daycare facility within an existing 3,168 square foot building. The religious services are held on Sunday from 10:00 a.m. to 1:30 p.m. and from 7:30 p.m. to 9:30 p.m. Wednesday Bible Study is from 7:30 p.m. to 9:00 p.m., and Friday services are from 7:30 p.m. to 9:30 p.m. The church has 70 members. The daycare hours of operation are Monday through Friday from 6:00 a.m. to 6:00 p.m. The children cared for at this facility range in age from eight months to four years old. It is envisioned that a maximum of 35 children will be in the daycare facility at times during the hours of operation. Three employees are anticipated to operate the daycare. The existing building is located along the western property line. There are 14 parking spaces located on the eastern side of the building. The applicant is not proposing any exterior building modifications, however has agreed to install five small trees within the street frontage area and re -stripe the existing parking lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office/warehouse building SURROUNDING LAND North: . Witchduck Court USE AND ZONING: . Aragona Church of Christ / R-7.5 Residential District South: . Retail establishments and office / B-2 Community Business District East: . Single-family dwellings / R-7.5 Residential District West: . Vacant land and office/retail uses / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and attractiveness of the site and buildings. All new uses are to be compatible in type, size, and intensity to the existing area. (pp. 3-1 and 3-2) In addition, the General Community Appearance Guidelines in the Comprehensive Plan Reference Handbook identify vacant and underutilized buildings as one of the challenges to achieving a quality community appearance. The guidelines encourage the City to work with owners to find mutually agreeable solutions to revitalize these properties through reuse and revitalization of the building and site design improvements. (p. A- 6) Further, the General Community Appearance Guidelines provide design guidance to promote quality in design for all developments. Protecting the integrity of existing neighborhoods, complementing adjacent land uses, and enhancing the overall function and visual quality of the street, neighboring properties, and community are important to achieving a positive community appearance. (p. A-7) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Witchduck Road is a four -lane minor urban arterial roadway designated on the City's Master Transportation Plan as a four -lane divided arterial with a 110 -foot right-of-way and a bikeway. There are no CIP projects on this segment of Witchduck Road. Witchduck Court is an undivided two-lane local street that is not shown on the City's Master Transportation Plan. NEW LIFE MISSION / DONALD DOWNS, DOWNS P )PERTIES,IC. Benda Ite" 'I1 Pax2 ,rc �� TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Witchduck 17,200 ADT 22,800 ADT (Level of Existing Land Use —136 Road Service "D") — 27,400 ADT ADT' (Level of Service Proposed Land Use s-180 "E") Weekday ADT; 116 Sunday ADT Average Daily Trips las defined by a 3,168 square foot building zoned B-2 3 as defined by 3,168 square foot church and daycare center TRAFFIC ENGINEERING: The existing entrance on Witchduck Road does not meet the Department of Public; Works Standards and Specifications Manual requirements for minimum width of a commercial entrance. If site renovations requiring submission of a site plan are made, upgrading this entrance to current standards may be required for site plan approval. WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The proposed religious use is consistent with the land use principles of the Comprehensive Plan. Occupying this vacant building with residential support uses like a church and daycare will deter crime and stimulate positive activity in the area. However, site design improvements are recommended to better address the Community Appearance Guidelines and contribute to a more positive community appearance at this location. Although there are no residential uses immediately adjacent to this site, Witchduck Court serves as the primary entrance for the Witchduck Lake condominium community. Additional landscaping should be provided where possible to enhance the site and complement adjacent properties. Staff is thus recommending Condition 2 and Condition 4 listed on the following page requiring that the applicant install additional landscaping and limit signage in order to enhance the appearance of the existing site. There is also sufficient parking to support the proposed uses. The Zoning Ordinance requires 14 parking spaces for a church with 70 seats and requires 13 parking spaces for a 3,168 square foot day care. Fourteen parking spaces are shown on the site plan recommended for approval. The applicant has also met with a representative from Traffic Engineering and worked to improve the current parking configuration. The site plan recommended for approval accommodates Traffic Engineering's suggestions by reconfiguring the parking spaces located at the northern most corner of the site. Staff finds that the parking reconfiguration will improve the existing parking configuration. Staff recommends approval of this request with the following conditions. NEW LIFE MISSION / DONALD DOWNS, DOWNS P CONDITIONS 1. The parking lot shall be striped and in substantial conformance with the submitted marked -up site plan entitled, "Site Plan of Lot 1" by James C. Hickman and dated January 25, 1979. 2. The site shall be landscaped in substantial conformance with the submitted marked -up site plan entitled, "Site Plan of Lot 1" by James C. Hickman and dated January 25, 1979. 3. There shall be no more than 70 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 4. No freestanding signs shall be permitted on-site. 5. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy of use from the Building Official. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW LIFE MISSION / DONALD DOWNS, DOWNS AERIAL OF SITE NEW LIFE MISSION / DONALD DOWNS, DOWNS P LOCATION P.ERTIES, INC. Agenda- Iter .1 1 Peggy* -5 .« ��`< �` �\� \ � � © � � -°� \� / . . ©gid»��©�:�\ . � <: : � 3�� © < . ,.. . � �� www �� w .. . .� y . .. . _ . . \\}^� ^ � \ � \ \ � \i �� J � .� • © PHOTOGRAPHS OF BUILDING NEW LIFE MISSION / DONALD DOWNS, DOWNS °SITE. B.4 1'SIDE Nlag D-6 NP«' T ,ifP Miccinn -1 iMI11111111 R7.5 t 1 y Vii' R7.5 -v r� -caring omr ion or PM -2 open CUP _ for Religious Use and Day Care Space Promotion aPDV1•Y Overlays # I DATE REQUEST APPLICANT ACTION 1 02/09/2010 l� Tuee Know Him New Birth Withdrawn (religious facility) Full Gospel Ministries 03/27/1967 Rezoning M.R. Miller Granted 2 09/25/2007 Conditional Use Permit G.A Downs & Sons, Inc. Granted automobile repair garage) 3 08/28/2001 -caring omr ion or PM -2 open CUP _ for Religious Use and Day Care Space Promotion aPDV1•Y Overlays # I DATE REQUEST APPLICANT ACTION 1 02/09/2010 Conditional Use Permit Tuee Know Him New Birth Withdrawn (religious facility) Full Gospel Ministries 03/27/1967 Rezoning M.R. Miller Granted 2 09/25/2007 Conditional Use Permit G.A Downs & Sons, Inc. Granted automobile repair garage) 3 08/28/2001 Rezoning (R-7.5 to Francis Moscopolos & The Granted Conditional A-12) Reserve 2000, Inc. 4 05/26/1998 Conditional Use Permit Douglas W. & Alvin R. Young Granted automobile repair garage) 5 11/25/1997 Rezoning (R7.5 to Widener Homes Ltd. Granted Conditional A-12 6 03/28/1995 Conditional Use Permit Douglas V. Norman, Denied (landfill) Witchduck Lake Int. Inc. 08/28/1990 Rezoning (R-7.5 to Dallas Norman Granted Conditional A-12 7 06/11/1991 Conditional Use Permit Bruner & Young Granted automobile repair garage) ZONING HISTORY NEW LIFE MISSION / DONALD DOWNS, DOWNS PR 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 a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the Ci 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? CondlBonal use Pertn't Application Page 9 of io Revised 7/3/2007 DISCLOSURE ST NEW LIFE MISSION / DONALD DOWNS, DOWNS PROPERTIES, Agenda Itf F IT, ic. 9 DISCLOSURE STAT O EMENT t~� 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 exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign .on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Print Name �-� if -2-1-15 10 applicant) Print Name Conditional Use Permft ApWetion Pape 10 of 10 Reviwd 7r3r"7 DISCLOSURE ST NEW LIFE MISSION / DONALD DOWNS, DOWNS ENT NC. 11 Item #11 New Life Mission Conditional Use Permit 519 N. Witchduck Road District 4 Bayside November 10, 2010 CONSENT An application of New Life Mission for a Conditional Use Permit (religious use and day care) on property located at 519 N. Witchduck Road, District 4, Bayside. GPIN: 14679824040000. CONDITIONS 1. The parking lot shall be striped and in substantial conformance with the submitted marked -up site plan entitled, "Site Plan of Lot 1" by James C. Hickman and dated January 25, 1979. 2. The site shall be landscaped in substantial conformance with the submitted marked -up site plan entitled, "Site Plan of Lot 1" by James C. Hickman and dated January 25, 1979. 3. There shall be no more than 70 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 4. No freestanding signs shall be permitted on-site. 5. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy of use from the Building Official. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE Item #11 New Life Mission Page 2 REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has approved item 10, New Life Mission for consent. Pastor Linda Smith appeared before the Board on behalf of the applicant. G IF - pm Im 11 PM P E CID LO W ri} rzM 0) e" Q 0 C Q AGENDA ITEM ITEM: R.M. CLARKE, LLC./IRRA, LLC., Change of Zoning District Classification, R-51) Residential Duplex to B-2 Community Business, south side of Indian River Road between Lake James Drive and Ferry Point Road. Comprehensive Plan — Suburban Area. CENTERVILLE DISTRICT. MEETING DATE: December 14, 2010 ■ Background: The applicant proposes to rezone the existing R -5D Residential District properties to Conditional B-2 Community Business and develop the site with a retail use, a Care -A -Lot pet supply store. The applicant has accumulated five lots for the development. The rear lot is "L-shaped" with frontage on both Indian River Road and Ferry Point Road. A single homeowner on the eastern side of the site, 5445 Indian River Road, has chosen not to sell their property at this time. The applicant will not rezone a portion of the 1 -shaped" site along the eastern side and fronting Indian River Road, so as not to surround the existing homeowner with commercial development. The proposed building is one-story with a maximum height of 28 -feet, contains 20,000 square feet in floor area and is positioned in the southeast portion of the site. The building materials include Exterior Insulation Finish System siding, brick, and split -faced masonry block. The roof will be standing seam metal. According to the submitted plan, the front of the building is 100 -feet from Indian River Road, 25 -feet from the rear property line adjacent to the Lake James subdivision, and 15 -feet from the property line to the east. Parking is located between the building and Indian River Road, along the side of the building, and adjacent to the single-family dwelling to the west. Eighty parking spaces are depicted on the plan; the applicant will need to obtain a variance to the required number of spaces (100) unless the City Council adopts the parking recommendations proposed by the Green Ribbon Committee. A loading area is located along the southwestern portion of the building. Category IV screening, is proposed along the eastern and western property lines with a minimum 15 -foot planting area. A double row of evergreens, in a 25 -foot planting area, is proposed along the southern property line, adjacent to Lake James. The submitted site development plans depict two entrances to the site; one from Indian River Road and one across City owned property onto Ferry Point Road. The proposed entrance on Indian River Road is located at the eastern portion of R. M. Clarke, LLC Page 2 of 5 the property and is subject to change if and when the property owners to the east and west decide to sell their sites. The applicant must acquire the City owned parcel between the subject site and Ferry Point Road and rezone it to B-2 Community Business District in order to make the proposed Ferry Point Road entrance feasible. Although the applicant has submitted a rezoning request for this City site, there is no agreement with the City for the purchase. The applicant has elected to move forward without the City parcel due to contract issues. It is the intent of the applicant to rezone the Ferry Point Road access parcel when an agreement is reached with the City. The proffered site plan cannot be adhered to without incorporation of the City parcel and access to Ferry Point Road. Staff is concerned about introducing commercial traffic onto Ferry Point Road. Review of the request reveals that it does not meet the Design Standards for Retail Establishments in the City Zoning Ordinance. The site layout lacks the following components of the standards: • Buildings shall be located so as to encourage pedestrian traffic and highlight architectural details of the buildings. No parking shall be permitted between such buildings and public streets. The submitted site plan depicts the building situated in a corner of the site with the parking in front of the building. • Parking is not dispersed around three sides of the building. • Pedestrian access from the right-of-way to the building is not depicted on the submitted plans. • Bicycle racks are not depicted on the plan. • Mechanical equipment has not been depicted on the plans and will require screening. ■ Considerations: Staff recommends approval of the request to rezone these parcels from R -5D Residential to Conditional B-2 Community Business to develop the site with a retail use, with cautions. It has long been City policy to deny any intensive commercial rezoning along this particular stretch of Indian River Road in order to ensure the stability of adjacent residential areas. However, this proposal has addressed major issues of neighborhood compatibility and traffic management. Staff, therefore, recommends approval of this request since the proffered conditions and community support overcome general concerns as expressed above. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following proffers: R. M. Clarke, LLC Page 3of5 The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The improvements and landscaping located on the Property, when developed, shall be developed in substantial conformity with the conceptual plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply, Virginia Beach, Virginia", dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The retail store located on the Property, when developed, shall be developed in substantial conformity with the conceptual building rendering prepared by G.M. Frech & Associates, entitled "A Proposed Retail Building for Care -A -Lot Pet Supply, Indian River Rd., Virginia Beach, Virginia", dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The following uses shall not be permitted on the Property: convenience stores; drive- through facilities; gasoline sales; automobile sales or automobile service of any nature; bars; or nightclubs; assembly uses; body piercing establishments; car wash facilities; flea markets; liquor stores; tattoo parlors; bulk storage; contractor storage yards; and satellite wagering facilities. PROFFER 4: The stormwater management facilities associated with the Property, when developed, will incorporate a vortex system (or equivalent technologies such as a Filtera system) in addition to surface treatment(s). PROFFER 5: Lighting on the Property will be directed downward and inward toward the interior of the Property. Grantors shall provide a photometric plan for review/approval by the Police Department or appropriate city staff. All lighting on the site will be consistent with those standards recommended by the Illumination Engineering Society of North America. PROFFER 6: The height of the retail building on the Property, when constructed, will not exceed twenty- two feet (22') (though architectural features associated with the building's primary customer entrance may be constructed to a maximum height of twenty-eight (28'). R. M. Clarke, LLC Page 4 of 5 PROFFER 7: The Grantors agree that the location of the Property's vehicular access point onto Indian River Road is subject to final determination by the City Planning and Public Works departments. PROFFER 8: Subject to the Grantors' reaching a mutually -acceptable agreement with the owners of the parcels located immediately to the northwest of the Property (the "Adjacent Parcels") regarding the allocation of maintenance and liability obligations, Grantors agree to grant one access across the Property to facilitate access from the Adjacent Parcels to Ferry Point Road. PROFFER 9: Freestanding signage associated with the retail store located on the Property shall consist of a monument style sign that shall not exceed ten feet (10') in height. PROFFER 10: The retail building constructed on the Property shall not contain windows facing the rear of the Property, and no window on the retail building shall be used to display signage advertising products for sale. PROFFER 11; The retail store located on the Property shall close to customers by no later than 9:00 pm each evening. PROFFER 12: Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:00 am and 9:00 pm. Once the retail store on the Property is constructed, the store's delivery operations will not include eighteen (18) wheel tandem trucks, but will instead be limited to smaller panel or box trucks or vans. All delivery trucks or vans, and all garbage pick-up trucks associated with the retail store's operations shall enter the Property directly from Indian River Road. PROFFER 13: The Grantors shall not request variances from city lighting or signage restrictions contained in applicable codes and ordinances, as amended. PROFFER 14: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed Site Plan and /or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of parking and landscaping. R. M. Clarke, LLC Page 5 of 5 The City Attorney's Office has reviewed the proffer agreement dated May 11, 2010 and found it to be legally sufficient and in acceptable legal form. ■ 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: i 14. --�yyz� CE.VTERFULE Map C-9 R M ('1 avL-a i It' a.onun w a fng 6nange rrom rcou ro me 14 November 10, 2010 Public Hearing APPLICANT: R.M. CLARKE, L.L.C. PROPERTY OWNER: IRRA, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R -5D Residential to Conditional B-2 Community Business) ADDRESS / DESCRIPTION: south side of Indian River Road, between Lake James Drive and Ferry Point Road GPIN: A portion of 14652808480000; 14651990950000; 14651899270000; 14651980990000;and 14651980150000 ELECTION DISTRICT: SITE SIZE: AICUZ: CENTERVILLE 2.09 acres Less than 65 dB DNL APPLICATION HISTORY: The applicant deferred the request on August 11 and September 8, 2010 in order to work through several issues raised by staff and to work with the adjacent Newlight Civic League. SUMMARY OF REQUEST The applicant proposes to rezone the existing R-51) Residential District properties to Conditional B-2 Community Business and develop the site with a retail use, a Care -A -Lot pet supply store. The applicant has accumulated five lots for the development. The rear lot is "L-shaped" with frontage on both Indian River Road and Ferry Point Road. A single homeowner on the eastern side of the site, 5445 Indian River Road, has chosen not to sell their property at this time. The applicant will not rezone a portion of the "L- shaped" site along the eastern side and fronting Indian River Road, so as not to surround the existing homeowner with commercial development. LARKE " LC ;nda-tt . , .1-4 The proposed building is one-story with a maximum height of 28 -feet, contains 20,000 square feet in floor area and is positioned in the southeast portion of the site. The building materials include Exterior Insulation Finish System siding, brick, and split -faced masonry block. The roof will be standing seam metal. According to the submitted plan, the front of the building is 100 -feet from Indian River Road, 25 - feet from the rear property line adjacent to the Lake James subdivision, and 15 -feet from the property line to the east. Parking is located between the building and Indian River Road, along the side of the building, and adjacent to the single-family dwelling to the west. Eighty parking spaces are depicted on the plan; the applicant will need to obtain a variance to the required number of spaces (100) unless the City Council adopts the parking recommendations proposed by the Green Ribbon Committee. A loading area is located along the southwestern portion of the building. Category IV screening, is proposed along the eastern and western property lines with a minimum 15 -foot planting area. A double row of evergreens, in a 25 -foot planting area, is proposed along the southern property line, adjacent to Lake James. The submitted site development plans depict two entrances to the site; one from Indian River Road and one across City owned property onto Ferry Point Road. The proposed entrance on Indian River Road is located at the eastern portion of the property and is subject to change if and when the property owners to the east and west decide to sell their sites. The applicant must acquire the City owned parcel between the subject site and Ferry Point Road and rezone it to B-2 Community Business District in order to make the proposed Ferry Point Road entrance feasible.. Although the applicant has submitted a rezoning request for this City site, there is no agreement with the City for the purchase and the rezoning cannot go forward at this time. The applicant has elected to move forward without the City parcel due to contract issues. It is the intent of the applicant to rezone the Ferry Point Road access parcel when an agreement is reached with the City. The proffered site plan cannot be adhered to without incorporation of the City parcel and access to Ferry Point Road. Staff is concerned about introducing commercial traffic onto Ferry Point Road. Review of the request reveals that it does not meet the Design Standards for Retail Establishments in the City Zoning Ordinance. The site layout lacks the following components of the standards: • Buildings shall be located so as to encourage pedestrian traffic and highlight architectural details of the buildings. No parking shall be permitted between such buildings and public streets. The submitted site plan depicts the building situated in a corner of the site with the parking in front of the building. • Parking is not dispersed around three sides of the building. • Pedestrian access from the right-of-way to the building is not depicted on the submitted plans. • Bicycle racks are not depicted on the plan. • Mechanical equipment has not been depicted on the plans and will require screening. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The lots are vacant. SURROUNDING LAND North: • Indian River Road USE AND ZONING: • Across Indian River Road are offices and retail uses / 0-2 Office and B-2 Community Business a South: . Single-family dwellings / R-10 Residential with an Open Space overlay East: . Bank / 0-2 Office West: . Single-family dwelling and vacant property / R -5D Residential NATURAL RESOURCE AND Most of the parcel contains trees and mature landscaping. There are no CULTURAL FEATURES: significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the Suburban Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. The Plan policies also recognize that neighborhoods are defined as a cohesive arrangement of properties that comprise similar elements of structures, streets, and uses all located within an area that share distinct physical, social and economic characteristics. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in front of this request is a six -lane divided major urban arterial. The Master Transportation Plan proposes a divided facility with access control within a 155 foot right-of-way. The 2009 Comprehensive Plan identifies Indian River Road as a key roadway in the southern corridor that links Centerville Turnpike to Lynnhaven Parkway, Ferrell Parkway, Providence Road, and Kempsville Road to 1-64. Currently, this segment of roadway is functioning over capacity at a LOS F. Ferry Point Road on the west side of this request is a two-lane undivided collector/local street. It is not identified on the Master Transportation Plan. A roadway Capital Improvement Program project is slated for this area. The Indian River Road Project (CIP 2- 011) is for construction of an eight -lane divided highway within a 190 foot right-of-way from Centerville Turnpike to Ferrell Parkway. It will include full improvements along Indian River Road at the Kempsville Road, Lake James Drive, and Thompkins Lane / Ferry Point Road intersections. Public Works / Traffic Ennineerina • The proposed ADT and AM Peak Hour Trip Generation was estimated from similar uses in the ITE Trip Generation manual. • Since Indian River Road is classified as an access controlled facility on the Master Transportation Plan and is identified as a key corridor in the Comprehensive Plan, Traffic Engineering is trying to preserve the functionality of the roadway, which is to efficiently and effectively move vehicles from one place to another. In order to achieve this outcome while keeping reasonable accessibility in mind, the applicant will be granted an access point on to Indian River Road and Ferry Point Road; however the following R M LLARKE, SLC ,Agenda ttei4" 14 �a conditions must be met: o Relocate the Indian River Road entrance to the western property line. o Provide an ingress/egress easement from the relocated entrance to the western adjacent parcel(s) at a minimum distance of thirty feet from the right-of-way line. When the western adjacent parcel(s) is redeveloped, they will be given sole access to Indian River Road through the Care -A -Lot entrance. As such, the western adjacent parcel(s) will be required to install a right -turn lane into the Care -A -Lot entrance at that time. The right -turn lane is not warranted with the pet store use only. o The applicant must dedicate sufficient right-of-way on their property to accommodate the future Indian River Road right -turn lane with ancillary improvements such as sidewalk, drainage, street lighting, etc. o Provide an ingress/egress easement from the Ferry Point Road entrance to the adjacent parcel(s), similar to what is shown on the Preliminary Site Plan. When the western adjacent parcel(s) is redeveloped, they will be given sole access to Ferry Point Road through the Care - A -Lot entrance. This will maximize the queuing distance to the signal from any entrance. • Traffic Engineering would prefer to straddle the Indian River Road entrance between the Care -A -Lot site and the western adjacent parcel(s); however, this is most likely not possible since there appears to be no plans at this time to redevelop those parcels. Public Works / Ennineerina • Engineering may require a reservation of 23.5 feet along Indian River Road such that the ultimate R/W of 155 feet, in accordance with the Master Transportation Plan amended 10/12/04 is achieved. A dedication of area may be required for the right turn lane. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 62,905 ADT 42,100 ADT Existing Land Use — 38 ADT Proposed Land Use 3- 360 ADT (9 AM Peak Hour / 61 PM Peak Hour Average Daily Trips t as defined by 4 single-family dwellings Sas defined by an 18, 000 square foot pet supply store WATER: This site must connect to City water. There is a 16 -inch City water main along Indian River Road. SEWER: This site must connect to City sanitary sewer. The applicant shall provide an analysis of Pump Station #437 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an eight inch City gravity sanitary main and a 42 -inch Hampton Roads Sanitation District force main along Indian River Road. DEVELOPMENT SERVICES CENTER: The site is located within the Chesapeake Bay Watershed. Stormwater quality and quantity will have to be addresses in accordance with the Chesapeake Bay Preservation Area Ordinance and the Virginia Stormwater Management Handbook. All interior lot lines shall be vacated by plat during the detailed site plan review process. POLICE DEPARTMENT: As a matter of public safety, it is suggested that Crime Prevention Through Environmental Design (CPTED) principles and strategies be incorporated into this project in an effort to reduce opportunities for crimes to occur. The Police Department is available to assist the applicant with such design efforts. EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone these parcels from R -5D Residential to Conditional B-2 Community Business to develop the site with a retail use, with cautions. It has long been City policy to deny any intensive commercial rezoning along this particular stretch of Indian River Road in order to ensure the stability of adjacent residential areas. However, this proposal has addressed major issues of neighborhood compatibility and traffic management. Staff, therefore, recommends approval of this request since the proffered conditions and community support overcome general concerns as expressed above. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to `offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The improvements and landscaping located on the Property, when developed, shall be developed in substantial conformity with the conceptual plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply, Virginia Beach, Virginia", dated April 14, 2010 (the Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The retail store located on the Property, when developed, shall be developed in substantial conformity with the conceptual building rendering prepared by G.M. Frech & Associates, entitled "A Proposed Retail Building for Care -A -Lot Pet Supply, Indian River Rd., Virginia Beach, Virginia", dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The following uses shall not be permitted on the Property: convenience stores; drive-through facilities; Is ;LARKEy LC ends It I A tea,, gasoline sales; automobile sales or automobile service of any nature; bars; or nightclubs; assembly uses; body piercing establishments; car wash facilities; flea markets; liquor stores; tattoo parlors; bulk storage; contractor storage yards; and satellite wagering facilities.. PROFFER 4: The stormwater management facilities associated with the Property, when developed, will incorporate a vortex system (or equivalent technologies such as a Filtera system) in addition to surface treatment(s). PROFFER 5: Lighting on the Property will be directed downward and inward toward the interior of the Property. Grantors shall provide a photometric plan for review/approval by the Police Department or appropriate city staff. All lighting on the site will be consistent with those standards recommended by the Illumination Engineering Society of North America. PROFFER 6: The height of the retail building on the Property, when constructed, will not exceed twenty-two feet (22') (though architectural features associated with .the building's primary customer entrance may be constructed to a maximum height of twenty-eight (28')). PROFFER 7: The Grantors agree that the location of the Property's vehicular access point onto Indian River Road is subject to final determination by the City Planning and Public Works departments. PROFFER 8: Subject to the Grantors' reaching a mutually -acceptable agreement with the owners of the parcels located immediately to the northwest of the Property (the "Adjacent Parcels") regarding the allocation of maintenance and liability obligations, Grantors agree to grant one access across the Property to facilitate access from the Adjacent Parcels to Ferry Point Road. PROFFER 9: Freestanding signage associated with the retail store located on the Property shall consist of a monument style sign that shall not exceed ten feet (10') in height. PROFFER 10: The retail building constructed on the Property shall not contain. windows facing the rear of the Property, and no window on the retail building shall be used to display signage advertising products for sale. PROFFER 11; The retail store located on the Property shall close to customers by no later than 9:00 pm each evening. PROFFER 12: Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:00 am and 9:00 pm. Once the retail store on the Property is constructed, the store's delivery operations will not include eighteen (18) wheel tandem trucks, but will instead be limited to smaller panel or box trucks or vans. All delivery trucks or vans, and all garbage pick-up trucks associated with the retail store's operations shall enter the Property directly from Indian River Road. PROFFER 13: The Grantors shall not request variances from city lighting or signage restrictions contained in applicable �. ;0LARKLf LC , tenda lte ..14 KK 6 codes and ordinances, as amended. PROFFER 14: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed Site Plan and /or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of parking and landscaping. The City Attorney's Office has reviewed the proffer agreement dated May 11, 2010 and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PROPOSED .0 e PROPOSED SITE / LANDS f"T R. M.' CLARKE =4 LC ._ Aenda-It 14 PROPOSED BUILDING ELE�i1J Map C-9 R.M. Clarke, LLC rt wrt / t r 02 ruing w#h Condi ionsProtfers Conditional Zoning Change from R5D to B # I DATE REQUEST ACTION 1. 8/31/06 10/14/85 Conditional Rezoning (R -5D Residential to B-2 Business) and Conditional Use Permit (Automobile Service Station) Rezoning R-8 Residential to B-2 Business W/D Denied 2. 2/8/00 Subdivision Variance Approved 3. 8/24/04 Conditional Use Permit Church Approved 4. A ruing w#h Condi ionsProtfers Conditional Zoning Change from R5D to B # I DATE REQUEST ACTION 1. 8/31/06 10/14/85 Conditional Rezoning (R -5D Residential to B-2 Business) and Conditional Use Permit (Automobile Service Station) Rezoning R-8 Residential to B-2 Business W/D Denied 2. 2/8/00 Subdivision Variance Approved 3. 8/24/04 Conditional Use Permit Church Approved 4. 7/11/95 Conditional Use Permit(nursing home / outpatient therapy) Approved 5. 9/13/05 Conditional Use Permit Church Approved 6. 10/12/96 Conditional Use Permit Automotive repair) Approved 7. 2/3/86 10/14/85 Rezoning (R-8 Residential to B-2 Business) Rezoning R-8 Residential to B-2 Business Denied Denied ZONING HI I STORY DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated T anization, complete the following: List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) R.M. Clarke, LLC; Members — Robert M. Clarke; Denise Clarke 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE 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) IRRA, LLC; Members — Irwin Hurwitz; Alan Bartel; George McGuire 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ff necessary) None. ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ZL No 0 If yes, what is the name of the official or employee and the nature of their interest? Conditions! Rezoning App =Uon Page 11 or 12 Revised 11r1BJ2M DISCLOSURE a 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 archRectural services, real estate services, financial services, accounting services, and legal services, (Attach list K necessary) Troutman Sanders LLP -- Legal Services Shuttleworth, Ruiod, Swain, Haddad, and Morecock, P.C. -- Legal Services S.L. Nusbaum Realty — Real Estate Services John Lee & Associates, Inc. — Real Estate Services Art -Ray Corp. — Surveying Services Randolph T. Hicks — Architectural Services '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 Ad, Va. Code § 2.2-3101. 2iAffiliated business entity relationship" means "a relationship, other then parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership Interest in the other business entity, (n) a controlling owner in one entity is also a controlling owner in the other entity, or (NI) 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 fiords or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close waiting relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Coin § 2.2-3101. CERTIFICATION: i certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of . Planning to photograph and view the site for purposes of processing and evaluating this application. ApplicWts Print Name t Property 6WRitoi Signator different than applicant) Print Name P� 14 Item #14 R.M. Clarke, L.L.C. Change of Zoning District Classification South side of Indian River Road between Lake James Drive and Ferry Point Road District 1 Centerville November 10, 2010 APPROVED An application of R.M Clarke, L.L.C. for a Change of Zoning District Classification from R -5D Residential to Conditional B-2 Community District on property located on the south side of Indian River Road between Lake James Drive and Ferry Point Road, District 1, Centerville. GPIN: a portion of 14652808480000; 14651990950000;14651899270000;4651980990000;14651980150000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The improvements and landscaping located on the Property, when developed, shall be developed in substantial conformity with the conceptual plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply, Virginia Beach, Virginia", dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The retail store located on the Property, when developed, shall be developed in substantial conformity with the conceptual building rendering prepared by G.M. Frech & Associates, entitled "A Proposed Retail Building for Care -A -Lot Pet Supply, Indian River Rd., Virginia Beach, Virginia", dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The following uses shall not be permitted on the Property: convenience stores; drive-through facilities; gasoline sales; automobile sales or automobile service of any nature; bars; or nightclubs; assembly uses; body piercing establishments; car wash facilities; flea markets; liquor stores; tattoo parlors; bulk storage; contractor storage yards; and satellite wagering facilities.. PROFFER 4: The stormwater management facilities associated with the Property, when developed, will incorporate a vortex system (or equivalent technologies such as a Filtera system) in addition to surface treatment(s). PROFFER 5: Lighting on the Property will be directed downward and inward toward the interior of the Property. Grantors shall provide a photometric plan for review/approval by the Police Department or appropriate city staff. All lighting on the site will be consistent with those standards recommended by the Illumination Engineering Society of North America. PROFFER 6: The height of the retail building on the Property, when constructed, will not exceed twenty-two feet (22') (though architectural features associated with the building's primary customer entrance may be constructed to a maximum height of twenty-eight (28')). PROFFER 7: The Grantors agree that the location of the Property's vehicular access point onto Indian River Road is subject to final determination by the City Planning and Public Works departments. PROFFER 8: Subject to the Grantors' reaching a mutually -acceptable agreement with the owners of the parcels located immediately to the northwest of the Property (the "Adjacent Parcels") regarding the allocation of maintenance and liability obligations, Grantors agree to grant one access across the Property to facilitate access from the Adjacent Parcels to Ferry Point Road. PROFFER 9: Freestanding signage associated with the retail store located on the Property shall consist of a monument style sign that shall not exceed ten feet (10') in height. Item #14 R.M. Clarke, L.L.C. Page 2 PROFFER 10: The retail building constructed on the Property shall not contain windows facing the rear of the Property, and no window on the retail building shall be used to display signage advertising products for sale. PROFFER 11; The retail store located on the Property shall close to customers by no later than 9:00 pm each evening. PROFFER 12: Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:00 am and 9:00 pm. Once the retail store on the Property is constructed, the store's delivery operations will not include eighteen (18) wheel tandem trucks, but will instead be limited to smaller panel or box trucks or vans. All delivery trucks or vans, and all garbage pick-up trucks associated with the retail store's operations shall enter the Property directly from Indian River Road. PROFFER 13: The Grantors shall not request variances from city lighting or signage restrictions contained in applicable codes and ordinances, as amended. PROFFER 14: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed Site Plan and /or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of parking and landscaping. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE Item #14 R.M. Clarke, L.L.C. Page 3 KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has approved item 14, R.M. Clarke, L.L.C. R.J. Nutter appeared before the Board on behalf of the applicant. Michael Myers spoke in support of the application. In Reply Refer To Our File No. DF -7845 TO: Mark D. Stiles FROM: B. Kay Wilsok) , �i CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 6, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; R.M. Clarke, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2010. 1 have reviewed the subject proffer agreement, dated October 18, 2010 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 PROFFER STATEMENT �} THIS AGREEMENT is made as of this day of 20LO, by and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Owner", to be indexed as grantor), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; R.M. CLARKE, LLC, a Virginia limited liability company ("R.M. Clarke", to be indexed as grantor) (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Owner is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN No. 1465-19-4098-0000, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, R.M. Clarke is the potential purchaser of the Property from the City; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the classification of the Property from R -5D to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use 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 subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the City Council, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts 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 GPIN NO.: 1465-19-4098-0000 (portion) amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of 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 ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the City Council 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, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction, and without any element of compulsion of quid pro quo 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 covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed as a commercial vehicular and pedestrian access drive connecting an adjacent commercial parcel with Ferry Point Road, together with related infrastructure and improvements. 2. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply Offsite Access, Virginia Beach, Virginia," dated September 23, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 74 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 City Council. 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, 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 Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors. [Remainder of page intentionally left blank. Signature page to follow] 3 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. DATE: (SEAL) ATTEST: i Approved as to I Department of/Economic I GRANTOR: CITY OF VIRGINIA BEACH B 15 ity anager/Authon d esi ee of City Manager 4 GRANTOR: R.M. CLARKE, 1,4,C ti By: _ __0 Name:ye n 5-�+ v. GI ari e Title: Ow n e i' COMMONWEALTH/STATE O_ F t OAV,. _ CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by j_)eniy D•Cla.rlGe , who is personally known to me or has produced as identification incapacityas 0 of R.M. CLARKE, LLC on behalf of the company. Yt F. i otary Public My Commission Expires: 1131 111 ,�,�e T L. P. Registration No. �O 4 00 ID r1j", o 0EXP.1/31 z [NOTARIAL SEAL/STAMP] $ �? Legal Description Commencing at a point situate lying and being in the city of Virginia Beach, Virginia on the easterly right-of-way of the relocated Ferry Point Road, at station 7+49.19', Right 34.00' as shown on Map Book 218, page 91 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia thence, following the northerly bounds of the access easement, S 60 DEGREES 10 MINUTES 35 SECONDS E a distance of 29.07'; thence, following the westerly bounds of the property owned now or formerly by Indian River Associates, S 25 DEGREES 39 MINUTES 45 SECONDS W a distance of 86.81'; thence, following the southerly bounds of the access easement, N 59 DEGREES 59 MINUTES 51 SECONDS W a distance of 37.61'; thence, following the aforementioned right-of-way of Ferry Point Road, with a curve turning to the left with an arc length of 27.07' with a radius of 170.00' with a chord bearing of N 34 DEGREES 26 MINUTES 32 SECONDS E with a chord length of 27.04'; thence N 29 DEGREES 53 MINUTES 01 SECONDS E a distance of 59.51'; which is the point of beginning, having an area of 0.065 acres more or less. It being a portion of the property taken by the City of Virginia Beach by Order of the Virginia Beach Circuit Court dated November 1, 1993, and recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 3295 at page 1053. In Reply Refer To Our File No. DF -7734 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 6, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; R.M. Clarke, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2010. 1 have reviewed the subject proffer agreement, dated May 11, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. B KW/ka Enclosure cc: Kathleen Hassen Z Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this +t-- 2010, by and between IRRA`C, a Virginia limited liabili compday any h' p y ("Owner ', to be indexed as grantor), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; R.M. CLARKS LLC, a Virginia limited liability compan ("Contract Purchaser", to be indexed as grantor), the contract purchaser of the propertyy (hereinafter referred to collectively as the "Grantors'); and the CITY OF VIRGINIA BEAes a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Owner is the current owner, and Contract Purchaser the contract purchaser Of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1465280848 (portion of); 1465199095; 1465189927; 1465198099; 1465198015, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-513 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and p 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 subject Property and at the same time to recognize the effects of the change and the need for various types of uses certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts 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 GPIN NOs.: 1465280848; 1465199095; 1465189927; 1465198099; 1465198015 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of 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 ordinance 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, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives; assigns, grantees and other successors in interest or title, namely: 1. The improvements and landscaping located on the Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply, Virginia Beach, Virginia," dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The retail store located on the Property, when constructed, shall be developed in substantial conformity with the conceptual building rendering prepared by G.M. Frech & Associates, entitled "A Proposed Retail Building for Care -A -Lot Pet Supply, Indian River Rd., Virginia Beach, Virginia," dated April 19, 2010 (the "Building Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2 3. The following uses, which would otherwise be permitted under the B-2 zoning classification, shall not be permitted on the Property: drive-through facilities; gasoline sales; and automobile sales or automobile service of any nature. 4. The stormwater management facilities associated with the Property, when developed, will incorporate a vortex system (or equivalent technologies such as a Filterra system) in addition to surface feature(s). 5. Lighting on the Property will be directed downward and inward toward the interior of the Property. 6. The height of the retail building on the Property, when constructed, will not exceed twenty-two feet (22') (though architectural features associated with the building's primary customer entrance may be constructed to a maximum height of twenty-eight feet (28')). 7. The Grantors agree that the location of the Property's vehicular access point onto Indian River Road is subject to final determination by the City Planning and Public Works departments. 8. Subject to the Grantors' reaching a mutually -acceptable agreement with the owners of parcels located immediately to the northwest of the Property (the "Adjacent Parcels") regarding the allocation of maintenance and liability obligations, Grantors agree to grant one access way across the Property to facilitate access from the Adjacent Parcels to Ferry Point Road. 9. Freestanding signage associated with the retail store located on the Property shall consist of a monument style sign that shall not exceed ten feet (10') in height. 10. The retail building constructed on the Property shall not contain windows facing the rear of the Property, and no window on the retail building shall be used to display signage advertising products for sale. 11. The retail store located on the Property shall close to customers by no later than 9:00 pm each evening. 12. Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:30 am and 8:00 pm. 13. The Grantors shall not request variances from city lighting or signage restrictions contained in applicable codes and ordinances, as amended. 14. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 3 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, 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 Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder of page intentionally left blank. Signature page to follow] 2 7576877510 TROUTMAN SANDERS LLP 12:21:49 p.m. 05-11-2010 6/8 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: By: Nan Titli COMMONWEALTH/STATE OF 1 (A/ - d --a - CITY/COUNTY OF '7 1 Q r \a , to -wit: LG The foregoing ins ent was acknowledged before me this � day of * , 2010, by aC W': rti Li y- W j Z , who is personally known to a or has produced as identification in his capacity as d hof IRRA, LLC on behalf of the company. 9,,AV4__� otary Public n mission Ex ires. My Co p Registration No. [NOTARIAL SEAUSTAMP] a`'"��"'•• SUSAN B. BROTHERS Notary Public - State of Florida My Comm. Expires Dec 18, 2012 Commission #F DO 646731 5 GRANTOR: R.M. CLARKE, LLC By: ':�'� Name: 4&6rr� Title: A eS,'61e.,,'f' COMMONWEALTIPSTATpE OF'tr'q\r\Q CITY/COUNTY OF �'Z pe�C.�n , to -wit: The foregoing instrument was acknowledged before me this `a day of MQa 2010, by who is personally known to me or has produced ��A� K"owt% as identification in his capacity as P�eS��ehk of R.M. LARKE, LLC on behalf of the company. otary Public My Commission Expires: M Ciq q-) �+ ao Registration No. ri 11 � 9 R Exhibit A Legal Description BEGINNING at a pin in the edge of the right of way of Indian River Road at the junction of said right of way with the property conveyed to Claretha Ashby, et. al. by deed dated February 12, 2006 and recorded in the City of Virginia Beach land records as instrument number 20060227000307200, and the property conveyed to IRRA, LLC by deed dated August 6, 2003 and recorded in the City of Virginia Beach land records as instrument number 2003091000146231, and from said point running South 23° 16' 57" West a distance of 280.75 feet, thence North 51' 3' 14" West a distance of 517.50 feet to a pin, thence North 34° 36' 22" East to a distance of 86.81 feet to a pin, thence South 50° 49' 20" East a distance of 245.24 feet to a pin, thence North 22° 57' 24" East a distance of 99.56 feet to a pin, thence North 42° 34' 35" East a distance of 101.66 feet to a pin in the edge of the right of way of Indian River Road, thence South 510 4' 24" East along the line of said right of way a distance of 170.58 feet to a pin, thence South 23° 21' 48" West a distance of 13.08 feet to a pin, thence South 51° 20' 17" East a distance of 49.9 feet to the point of beginning. Said tract of land containing approximately 2.09 acres, more or less. 395278v2 7 In Reply Refer To Our File No. DF -7844 TO: Mark D. Stiles Z FROM: B. Kay Wilson* CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: December 6, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; R.M. Clarke, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2010. 1 have reviewed the subject proffer agreement, dated October 18, 2010 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 PROFFER STATEMENT THIS AGREEMENT is made as of this S fGt day of 027kl)� , 20U, by and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Owner", to be indexed as grantor), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; R.M. CLARKE, LLC, a Virginia limited liability company ("R.M. Clarke", to be indexed as grantor) (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Owner is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN No. 1465-19-4098-0000, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, R.M. Clarke is the potential purchaser of the Property from the City; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the classification of the Property from R-513 to Conditional R-513; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use 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 subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R -5D are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the City Council, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-51) zoning districts 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 GPIN NO.: 1465-19-4098-0000 (portion) amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of 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 ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the City Council 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, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction, and without any element of compulsion of quid pro quo 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 covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. No building or structure shall be constructed on the Property. Except for clearing of underbrush, routine maintenance, and possible additional plantings, the trees and bushes located on the Property shall not be disturbed. 2. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 City Council. 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 2 conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the 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 Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors. [Remainder of page intentionally left blank. Signature page to follow] 3 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. DATE: (SEAL) ATTEST: Approved as to GRANTOR: CITY OF VIRGINIA BEACH Vesi .112 Li �-- ger/Auth zed f City Manager Approved as Citv A rd sufficiency: GRANTOR: R.M. CLANK-, LLC By Name:n r s e Title:f— COMMONWEALTH/STATE OF CITY/COUNTY OF _ ou to -wit: The foregoing instrument was acknowledged before me this�`µ day of o � � , 2010, by _s2,�1 SC iJ. C (_g', k , who is personally known to me or has produced as identification in4tis capacity as Qt4f-VU/L of R.M. CLARK-, LLC on behalf of the company k0 - My Commission Expires: Registration No. 3 3 (j 4X [NOTARIAL SEAL/STAMP] 5 Legal Description Commencing at a point situate, lying and being in the city of Virginia Beach, Virginia on the easterly right-of-way of the relocated Ferry Point Road, at station 7+49.19', right 34.00' as shown on Map Book 218, page 91 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia; thence, following the relocated right-of-way of Ferry Point Road S 29 DEGREES 53 MINUTES 01 SECONDS W a distance of 59.51 ; thence with a curve turning to the right with an are length of 27.07' with a radius of 170.00' with a chord bearing of S 34 DEGREES 26 MINUTES 32 SECONDS W with a chord length of 27.04', which is the point of beginning; thence, following the northerly bounds of the parcel, S 59 DEGREES 59 MINUTES 51 SECONDS E a distance of 37.61'; thence, following the westerly bounds of Lot 267, Lake James, Phase 2-A S 25 DEGREES 39 MINUTES 45 SECONDS W a distance of 60.42'; thence, following the southerly bounds of the parcel N 60 DEGREES 06 MINUTES 41 SECONDS W a distance of 64.02'; thence, following the aforementioned right-of-way of Ferry Point Road, with a curve turning to the left with an arc length of 64.59' with a radius of 170.00' with a chord bearing of N 49 DEGREES 53 MINUTES 19 SECONDS E with a chord length of 64.20'; which is the point of beginning, containing 0.067 acres more or less. It being a portion of the property taken by the City of Virginia Beach by Order of the Virginia Beach Circuit Court dated November 1, 1993, and recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 3295 at page 1053. Co PM r w r R� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Change of Zoning District Classification, R-51) Residential Duplex to Conditional R-51) Residential Duplex, south side of Indian River Road between Lake James Drive and Ferry Point Road (GPINs 1465194098). CENTERVILLE DISTRICT. Comprehensive Plan — Suburban Area. MEETING DATE: December 14, 2010 ■ Background: The applicant proposes to rezone the existing R5 -D Residential property to Conditional R5 -D Residential and landscape the site area as a buffer for the adjacent residential properties to the south and east from a proposed retail development plan. The proposed retail site development plan depicted entrances from Indian River Road and Ferry Point Road. Research indicated the area proposed for the entrance from Ferry Point Road is proposed across excess City property and not right-of-way as thought originally. The applicant is working with the City to acquire the excess property. The portion of site area proposed for the R -5D Residential is to insure that the residential properties to the south and east are buffered from the proposed retail use on the sites immediately east of the site. The proposed width of the area to be rezoned adjacent to the proposed entrance is 60.42 -feet. ■ Considerations: This site area is proposed as buffer for the residential properties adjacent to the south and east of this request. The applicant is proposing that the area remain in its natural vegetative state. The area is 60.42 -feet wide and should provide adequate buffering. Therefore staff recommends approval of the request subject to the proffers listed below. 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 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 of Virginia Beach Page 2of2 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: No building or structure shall be constructed on the Property. Instead the Property shall be left in its natural state. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 18, 2010, and found it to be legally sufficient and in acceptable legal form. ■ 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 "ft` City Manager: �.,, FNT EP," Ll F_' '�•�; , " iso �F t / ` 01 c�.�. R7b ''R10 �',fill ¢icy �.. : >.•`�... ..�.... .e►,f.,y..• ,,3�' Rid-. RSA" December 8, 2010 APPLICANT AND PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R5 -D Residential to Conditional R5 -D Residential) ADDRESS / DESCRIPTION: Ferry Point Road, south of Indian River Road GPIN: PORTION OF ELECTION DISTRICT: SITE SIZE: AICUZ: 14651940980000 CENTERVILLE 2,918.52 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing R5 -D Residential property to Conditional R5 -D Residential and landscape the site area as a buffer for the adjacent residential properties to the south and east. This request is in conjunction with Item 2 of this agenda, the City of Virginia Beach request for a Conditional Change of Zoning from R5 -D Residential to Conditional B-2 Community Business. In November the sites immediately east were recommended for approval to rezone from R5 -D Residential to Conditional B-2 Community Business to allow development of the sites with a retail store, associated parking, and site landscaping. The proposed site development plan depicted entrances from Indian River Road and Ferry Point Road. Research indicated the area proposed for the entrance from Ferry Point Road is proposed across excess City property and not right-of-way as thought originally. The applicant is working with the City to acquire the excess property. The portion of site area proposed for the R -5D Residential is to insure that the residential properties to the south and east are buffered from the proposed retail use on the sites immediately east of the site. The proposed width of the area to be rezoned adjacent to the proposed entrance is 60.42 -feet. LAND USE AND PLAN INFORMATION City of Virginia Beach Agenda Item 1 Page 1 EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Indian River Road USE AND ZONING: . Across Indian River Road are offices and retail uses / 0-2 Office and B-2 Community Business South: . Single-family dwellings / R-10 Residential with an Open Space overlay East: . Bank / 0-2 Office West: . Single-family dwelling and vacant property / R -5D Residential NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the Suburban Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. The Plan policies also recognize that neighborhoods are defined as a cohesive arrangement of properties that comprise similar elements of structures, streets, and uses all located within an area that share distinct physical, social and economic characteristics. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road near this request is a six -lane divided mayor urban arterial. The Master Transportation Plan proposes a divided facility with access control within a 155 foot right-of-way. The 2009 Comprehensive Plan identifies Indian River Road as a key roadway in the southern corridor that links Centerville Turnpike to Lynnhaven Parkway, Ferrell Parkway, Providence Road, and Kempsville Road to 1-64. Currently, this segment of roadway is functioning over capacity at a LOS F. Ferry Point Road which fronts this request is a two-lane undivided collector/local street. It is not identified on the Master Transportation Plan. A roadway Capital Improvement Program project is slated for this area. The Indian River Road Project (CIP 2- 011) is for construction of an eight -lane divided highway within a 190 foot right-of-way from Centerville Turnpike to Ferrell Parkway. It will include full improvements along Indian River Road at the Kempsville Road, Lake James Drive, and Thompkins Lane / Ferry Point Road intersections. City of Virginia Beach Agenda Item 1 Page 2 Public Works / Traffic Engineering • Since Indian River Road is classified as an access controlled facility on the Master Transportation Plan and is identified as a key corridor in the Comprehensive Plan, Traffic Engineering is trying to preserve the functionality of the roadway, which is to efficiently and effectively move vehicles from one place to another. In order to achieve this outcome while keeping reasonable accessibility in mind, the applicant will be granted an access point on to Indian River Road and Ferry Point Road; however the following conditions must be met: Relocate the Indian River Road entrance to the western property line. Provide an ingress/egress easement from the Ferry Point Road entrance to the adjacent parcel(s), similar to what is shown on the Preliminary Site Plan. When the western adjacent parcel(s) is redeveloped, they will be given sole access to Ferry Point Road through the Care - A -Lot entrance. This will maximize the queuing distance to the signal from any entrance. Traffic Engineering would prefer to straddle the Indian River Road entrance between the Care - A -Lot site and the western adjacent parcel(s); however, this is most likely not possible since there appears to be no plans at this time to redevelop those parcels. EVALUATION AND RECOMMENDATION This request is in conjunction with Item 2 on this agenda the City of Virginia Beach requests a Conditional Change of Zoning from R5 -D Residential to Conditional B-2 Community Business, and an item heard by the Planning Commission in November 2010, R.M. Clark, L.L.C., recommended for approval a request for a Conditional Change of Zoning from R -51D Residential to Conditional B-2 Community Business, on the sites immediately east of this site. The sites are proposed for development of a retail store, parking, and landscaping. This site area is proposed as buffer for the residential properties adjacent to the south and east of the request. The applicant is proposing that the area remain in its natural vegetative state. The area is 60.42 - feet wide and should provide adequate buffering. Therefore staff recommends approval of the request subject to the proffers listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to 'offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: No building or structure shall be constructed on the Property. Instead the Property shall be left in its natural state. City of Virginia Beach Agenda Item 1 Page 3 PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 18, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. An applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 1 Page 4 AERIAL OF SITE LOCATION City of Virginia Beach Agenda Item 1 Page 5 PROPOSED SITE City of Virginia Beach Agenda Item 1 Page 6 � } � � { / � a> (`VgW 110d { x } 2 C LL }� . ol i�t UV(W _dA_- I! PROPOSED SITE City of Virginia Beach Agenda Item 1 Page 6 # DATE REQUEST ACTION 1 11/10/10 8/31/06 10/14/85 Conditional Rezoning (R -5D Residential to B-2 Business) Conditional Rezoning (R -5D Residential to B-2 Business) and Conditional Use Permit (Automobile Service Station) Rezoning R-8 Residential to B-2 Business Pending W/D Denied 2 2/8/00 Subdivision Variance Approved 3. 8/24/04 Conditional Use Permit Church Approved 4. 7/11/95 Conditional Use Permit(nursing home / outpatient therapy) Approved 5. 9/13/05 Conditional Use Permit Church Approved 6. 2/3/86 10/14/85 Rezoning (R-8 Residential to B-2 Business) Rezoning R-8 Residential to B-2 Business Denied Denied ZONING HISTORY City of Virginia Beach Agenda Item 1 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE appl,ca:^"t is a ccrporat:on, patirter!'�)lL f ••' I-:1sir eSr,. rtl.; Srganizat+cn, complete the following: List !be appitcant narne follower4 btu tht r;mul: of 4 Pa -triers, etc. below (Attach list it necvssn-y< =1=v of Virgimm tieacr:. V;rprn a s a bus;nesse� that have a parent-subs:ciar ' cr ft il._i� v-• .x, re;3tionshiv with ttie apps cant: (Attach ,st,'f necessarv) J--nuck herr if the 'Prflicanl Is NOT i! t'rur (.nincurporxttrj orpanic..alloit. PROPERTY OWNER DISCLOSURE si;a.hvor,lp if pro perty osvrrer is rfiHHren! boriz if tric properly ow let is a corporation, partnerhip, firm, husmer fr�r c r it c .rporaiecf organizatiori, complete thr;- follownna. °st tine pr(3perty Darner name falfrwesi l;y ttse r�arnv�s f ti r,n;;£°� t-;,y.�r�. tri stees. partner,. etc, below (Attach list if necessarf) 2. L+st aN businesses that have a paren'-subsidiary ux affula(e�; s -!csentaiy reiafions -`ip with the applicant: (Attach list If ne^esaaryI % Cl- eI&CF here if the property owner is NOT,4 corporate ,r; ,.,.t =rtes, Or other unfncnrporated organization. .S' ..<(.:4.'rt Page I'm { }tnnntt'o& Lq °erti)l`Jy' c (S° the. City pf'v'Ertttr = k�,.(:«x(,i F ,¢,'• „ i;*7.'. N13 i 'he name C,? t}7� GSC dd G e pir"Vec ars{? DISCLOSURE STATEMENT City of Virginia Beach Agenda Item 1 Page 8 Z—O 0.J DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List al! known contractors or businesses lt°at !i-avc r b>', x ,vie:a se'v'zcs tr:tt res; ect to the requested property use, including but not hrniied. t_, trig vmviders ra are"I"te..,ura, services, real estate services, financial services, act;Wri;tnu sera, ms, ar d iaaai services (Attach list it necessary) rv'A 'Parent -subsidiary relationship" rt+ ans ' a rr taticns?si. €ita: c i �'tt n£ cot-wialion directly or indirectly owns nthares roossessino mote trian 51 , per_f:rat 1 ,n b n°er r'; another com'Oration Sep State Rnrt G- �Q1't1r'J f rt �--:nits: nt; re ?s CocW § 2.2-;t10 . "Affihated busiriess entity relationshipmeans 'a reiationship othe, fha- a=er?t- s; lbsidtary relatinnsh#p. tha€ exists when (i? onr business c-rtily rias . interest in the other busiac C*� ertlit, 0'j a contrulimg owncrr to one.. r -rt ty v- i _Yr) a t•. a �t3 owner in the other entity, or tisi) there is shared management n- contmi nerx:e•f-r t ,e �us;nas entitiesr Factors thw should t* txmsidere in determ mm the e xistvncu c > an utf t,;3:E oustness entity ralationship inctuttt•; that the sam(, berson w subst2rt airy trie same pEr o,', ov.n or m! l3p0 the two entities. there are coa=mon cir c of rlmirig'txj funji; or asst.ts thi" c> ssi cess entities share the use of ht� same office,. or empio),£es or rt +ermsc shag% activi(t+?s> resourct3s or personnel on a regu!sr bm�is; or mrere is othr_rimse a rinse virork=r: re?atmrsht, between the entitles " See Stale and Loo Government : crf oct of Jnlerestc Arw CERTIFICATION: i crertity haat Inc,. ;r,farrretior, cGritained hefft ,.= is tT,,r and a1 e 'Vf� ! UnGerstane Ina', Upar= reCe€pt of nstAcaitor, ±postcam i INV tt.t al)ri !w-. #is hF- PUC heann { ai" 6 Lx7ns0s, fG obt intny anti P ' nri!he ,% QUltet ipr' ,A" ti' ub eL ^e ^t; a? C --J prig t., trtr scut-Iiiia d p, bite hvsrr, aC ;prdinf t. `^<s, a t 2ructicrts ira ! t� .F z�k 7 £ rJersaned afs3 cc sFn?s t -:I entry aipa^ the= SUb;('-2 mpert) bb' ernD cyeeS v,'the Depa "rren, 14 P!':ctograp*: and welei ,he t•;tC to, PrA f'....'" �'�."` gt;tilt:9t`'? ,=•;ig a rya ..x3'..-• d ..,Li .at,rrr: ,'a tb ,fptstt a3 t rti,�rG„�. E3 F' r6 No -- DISCLOSURE . DISCLOSURE STATEMENT City of Virginia Beach Agenda Item 1 Page 9 Item #1 City of Virginia Beach Change of Zoning District Classification from R -SD Residential Duplex to Conditional R-51) Residential Duplex Ferry Point Road, south side of Indian River Road District 1 Centerville December 8, 2010 CONSENT An application of the City of Virginia Beach for a Change of Zoning District Classification from R-51) Residential Duplex to Conditional R-51) Residential Duplex on property located on Ferry Point Road, south side of Indian River Road. GPIN: portion of 14651940980000. 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: No building or structure shall be constructed on the Property. Instead the Property shall be left in its natural state. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 18, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #1 City of Virginia Beach Page 2 AYE 11 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 0 There was no opposition to this application. W J J W, L t z rW , V p N ca A W 0) C U M z w C C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Change of Zoning District Classification, R-51) Residential Duplex to Conditional B-2 Community Business, south side of Indian River Road between Lake James Drive and Ferry Point Road (GPINs 1465194098). CENTERVILLE DISTRICT. Comprehensive Plan — Suburban Area. MEETING DATE: December 14, 2010 ■ Background: The applicant proposes to rezone the existing R5 -D Residential to Conditional B- 2 Community Business and develop the site area with a commercial entrance to a proposed retail store immediately east of the parcel. The proposed width of the area to be rezoned is 86.5 -feet. The proposed retail site development plan depicted entrances from both Indian River Road and Ferry Point Road. Research indicated the area proposed for the entrance from Ferry Point Road is proposed across excess City property and not right-of-way as thought originally. The applicant is working with the City to acquire the excess property. The site must be rezoned to Conditional B-2 Community Business in order to use it as an entrance to the proposed retail use. ■ Considerations: The sites immediately east were previously recommended for approval and are proposed for development of a retail store, parking, and landscaping. Staff had concerns regarding access to the sites via Ferry Point Road, but the applicant, R. M. Clarke, LLC, proffered the following as part of the rezoning: Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:00 am and 9:00 pm. Once the retail store on the Property is constructed, the store's delivery operations will not include eighteen (18) wheel tandem trucks, but will instead be limited to smaller panel or box trucks or vans. All delivery trucks or vans, and all garbage pick-up trucks associated with the retail store's operations shall enter the Property directly from Indian River Road. The proffer insures that the proposed entrance will be used only by customers and not for any deliveries. Staff therefore concludes that the request is acceptable and recommends approval subject to the proffers listed below. There was no opposition to the request. City of Virginia Beach Page 2 of 3 ■ 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 following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed as a commercial vehicular and pedestrian access drive connecting an adjacent commercial parcel with Ferry Point Road, together with related infrastructure and improvements. PROFFER 2: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply Offsite Access, Virginia Beach, Virginia," dated September 23, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 18, 2010, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City of Virginia Beach Page 3 of 3 Submitting Department/Agency: Planning Department City Manager: JV -i 6 ENTERViLLE €.. iT3 fn t ti-¢iinut tit acti b�f* R5 Re RSD 02 PSD 16 2 a� 4 RSD44� ►.. , r o " R5i5 - R10, B;. N IaniDlx JmYlYM1iWRtr4 I�QPfF Fil��nr IC,Rnn^F Of:; ,��J l€Q' December 8, 2010 APPLICANT AND PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R5 -D Residential to Conditional B-2 Community Business) ADDRESS / DESCRIPTION: Ferry Point Road, south of Indian River Road GPIN: PORTION OF ELECTION DISTRICT: SITE SIZE: AICUZ: 14651940980000 CENTERVILLE 1,089 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing R5 -D Residential to Conditional B-2 Community Business and develop the site area with a commercial entrance to a proposed retail store immediately east of the parcel. The proposed width of the area to be rezoned is 86.5 -feet. The request is in conjunction with Item 1 on this agenda. In November the sites immediately east were recommended for approval to rezone from R5 -D Residential to Conditional B-2 Community Business and develop the sites with a retail store, associated parking, and site landscaping. The proposed site development plan depicted entrances from both Indian River Road and Ferry Point Road. Research indicated the area proposed for the entrance from Ferry Point Road is proposed across excess City property and not right-of-way as thought originally. The applicant is working with the City to acquire the excess property. The site must be rezoned to Conditional B-2 Community Business in order to use it as an entrance to the proposed retail use. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site City of Virginia Beach Agenda Item 2 Page 1 SURROUNDING LAND North: • Indian River Road USE AND ZONING: . Across Indian River Road are offices and retail uses / 0-2 Office and B-2 Community Business South: • Single-family dwellings / R-10 Residential with an Open Space overlay East: . Bank / 0-2 Office West: . Single-family dwelling and vacant property / R -5D Residential NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the Suburban Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. The Plan policies also recognize that neighborhoods are defined as a cohesive arrangement of properties that comprise similar elements of structures, streets, and uses all located within an area that share distinct physical, social and economic characteristics. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road near this request is a six -lane divided major urban arterial. The Master Transportation Plan proposes a divided facility with access control within a 155 foot right-of-way. The 2009 Comprehensive Plan identifies Indian River Road as a key roadway in the southern corridor that links Centerville Turnpike to Lynnhaven Parkway, Ferrell Parkway, Providence Road, and Kempsville Road to 1-64. Currently, this segment of roadway is functioning over capacity at a LOS F. Ferry Point Road which fronts this request is a two-lane undivided collector/local street. It is not identified on the Master Transportation Plan. A roadway Capital Improvement Program project is slated for this area. The Indian River Road Project (CIP 2- 011) is for construction of an eight -lane divided highway within a 190 foot right-of-way from Centerville Turnpike to Ferrell Parkway. It will include full improvements along Indian River Road at the Kempsville Road, Lake James Drive, and Thompkins Lane / Ferry Point Road intersections. Public Works / Traffic Engineering • Since Indian River Road is classified as an access controlled facility on the Master Transportation Plan and is identified as a key corridor in the Comprehensive Plan, Traffic Engineering is trying to preserve the functionality of the roadway, which is to efficiently and effectively move vehicles from one place to another. In order to achieve this outcome while keeping reasonable accessibility in mind, the applicant City of Virginia Beach Agenda Item 2 Page 2 will be granted an access point on to Indian River Road and Ferry Point Road; however the following conditions must be met: o Relocate the Indian River Road entrance to the western property line. o Provide an ingress/egress easement from the Ferry Point Road entrance to the adjacent parcel(s), similar to what is shown on the Preliminary Site Plan. When the western adjacent parcel(s) is redeveloped, they will be given sole access to Ferry Point Road through the Care - A -Lot entrance. This will maximize the queuing distance to the signal from any entrance. o Traffic Engineering would prefer to straddle the Indian River Road entrance between the Care - A -Lot site and the western adjacent parcel(s); however, this is most likely not possible since there appears to be no plans at this time to redevelop those parcels. EVALUATION AND RECOMMENDATION The request is in conjunction with Item 1 on this agenda. The sites immediately east were previously recommended for approval and are proposed for development of a retail store, parking, and landscaping. Staff had concerns regarding access to the sites via Ferry Point Road, but the applicant, R. M. Clarke, LLC, proffered the following as part of the rezoning: Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:00 am and 9:00 pm. Once the retail store on the Property is constructed, the store's delivery operations will not include eighteen (18) wheel tandem trucks, but will instead be limited to smaller panel or box trucks or vans. All delivery trucks or vans, and all garbage pick-up trucks associated with the retail store's operations shall enter the Property directly from Indian River Road. The proffer insures that the proposed entrance will be used only by customers and not for any deliveries. Staff therefore concludes that the request is acceptable and recommends approval subject to the proffers listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed as a commercial vehicular and pedestrian access drive connecting an adjacent commercial parcel with Ferry Point Road, together with related infrastructure and improvements. City of Virginia Beach Agenda Item 2 Page 3 PROFFER 2: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply Offsite Access, Virginia Beach, Virginia," dated September 23, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council, PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 18, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CP TED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 2 Page 4 AERIAL OF SITE LOCATION City of Virginia Beach Agenda Item 2 Page 5 � : � � + { / \ �(\ ; � »/} PROPOSED SITE City of Virginia Beach Agenda Item 2 Page 6 Zi ,( � � � / / 1 0 ------ AL=- 26 I't / �\ \ ' 'J; sq'i I . / � � \ \� �ev /} PROPOSED SITE City of Virginia Beach Agenda Item 2 Page 6 PROPOSED RETAIL SITE City of Virginia Beach Agenda Item 2 Page 7 uj M 0 9 IL PROPOSED RETAIL SITE City of Virginia Beach Agenda Item 2 Page 7 :ENTERVILLE RSD !' 0 A"• s 0 V T• • • r. %-Itt 01 V IF0IlIIC1: Dt``cicH \ 4414 w CA 1 —twy wuit ouuuwatts.rrorrers, upen SpacePromotioe or PDH -2 Overlays Conditional Zonitty Cilange from P, 5D to B, # 76ATE REQUEST ACTION 1 11/10/10 Conditional Rezoning (R -5D Residential to B-2 Pending 8/31/06 Business) W/D Conditional Rezoning (R -5D Residential to B-2 10/14/85 Business) and Conditional Use Permit (Automobile Denied Service Station) Rezoning R-8 Residential to B-2 Business 2 2/8/00 Subdivision Variance Approved 3. 8/24/04 Conditional Use Permit Church Approved 4. 7/11/95 Conditional Use Permit (nursing home / outpatient Approved therapy) 5. 9/13/05 Conditional Use Permit Church Approved 6. 2/3/86 Rezoning (R-8 Residential to B-2 Business) Denied 10/14/85 Rezoning R-8 Residential to B-2 Business Denied City of Virginia Beach Agenda Item 2 Page 8 ZONING HISTORY ZONING HISTORY City of Virginia Beach Agenda Item 2 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE iftheapplicatil, is a corporation. parftnershiti f,n-r, rl� rescl- cr,pnization completv the follomiq. List the applicant riarne follo"d by Vic at truoteeS, partners, etc, below, (Affach list if necessar.y, Cr, 0',irgima Be3r�,,Al�rgm.3 List al businesses that have a parent- sub siciia ry' OF D43s,4�&Ss erjf!;V_ relationship w& the applicant: (Attach list if necessary) N -A tJ Check here if the applicant is NOT corporation. partnership. busress:cr other unincorporated organziatiur, PROPERTY OWNER DISCLOSURE Complete this Section only if property owner ii: different hone ap,wicjm,. If the properly owner is a corporation. partnership firm, htjsiness cr cthmr unincorporated orparlizatiori, completc Ole followina- Lisl the properly owner nwne followed ot- tnetial)kss tit a!: offici�,rs. nien,ters, trustees, partners, etc. below: (Attach Its: if necessary) qfm�j 2, List a,i businesses that have a parent- subsidiary' or afr1haled business entity'. relationship vAtn the applicant: 'Attach fis, if nixcpssarvl! N -A ✓ Check here if the property owner is NOT a comoratior,, pjrtne'ship. lirm business, or other unincorporated organization, & Semixt cage in, Dos an ulficiat or empiovee, of ttie r-itv Of V11, suble"�! 01,d� des lia-- P, ar into -est in i _ us, ffic name of tile offi^-al cr tne la N DISCLOSURE STATEMENT City of Virginia Beach Agenda Item 2 Page 10 Foam WC Clow; E3:3 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Li -,,t all known Wntractors is businesses tial 17ave or wi!! provine st'.rviceE, vX14h res;)j, to the requested j� propeuse, including but M-1 !M)ited!G M . Itif'oViders (;1'archjtru,-,txiv ry seices, real estate services, financial , spNirE,s sr!rvices and Jeger,' services: ;Attl,ict, iasj if neressary) N!'A 'Perfril-subsidm-ri, relahonshipmeans a relationshit, fhitax,sts when :nc- corporabor drrec!li n- irclirez!ly ow -,5 shares possessgn( morftht4r,, 5(�, perc;ent of thc Vch'ig, Power Of WMthe! cOrPorati0r) ' See State anal Doxil Governmem Confirf of irter-cVs. Act, Ver COOP § 2.2-310 1 "A%zipi business 6"JitY 1`013janshm' means 'a other war parent - subsidiary relationsnip, that exists wflen, (;;, one business entity has a conti-niiing nwnershir, interest ir, the other biusi%ss entity 61 ' � a controlling owner in ont,. entity fs a!so a controliffiq owner in the other entity, or file) there is shared management or cor&6 between the business entifies. FaCt-S that sricik.,,ld be considered in determinmg the emsteice of an pffifiateri business entity raistionxtup include that the same parson or sLibstantrilly the. same person own or manage the two, there are common or commingled, fund,, or asserts'the business entities share the Liss Of the same offices or employees or otherwise share activitms, resources or personnel or a regiitar tk'tsjs, or there is otherw.se a z'ose working, relationship between the entities ^ See State and Lar* Government Confitct of interest. Act, VF Godc, 2.2-3101, CERTIFICATION: i :A)ntamed nerer : ' Wit rjnd accurate � tinderstand tree, uteri eeceiv, -f rictification 1postcard; that me appl:zjwx, has been 5cheduleclfir public hearing 1€r-, for 4tta'njna and V'0"'fr3 the requ!'an slgrnr lhf SL]bjee 31 ferns' 30 days pr:,1- tz-hE, Put"'Zc hearti -- according tr, the ,,i this pa,--,Kage, Tnf undersigned ai.-� zorizern� to entry uper, tr-c sut)jm�' property by emrmeas 0' 9111 Denar-,rrc.int ?;,f Planning "o Rrij view f#re site t -,7 prrMcs appLaatiar: AGent DISCLOSURE STATEMENT City of Virginia Beach Agenda Item 2 Page 11 Item #2 City of Virginia Beach Change of Zoning District Classification from R -5D Residential Duplex to Conditional B-2 Community Business Ferry Point Road, south side of Indian River Road District 1 Centerville December 8, 2010 An application of the City of Virginia Beach for a Change of Zoning District Classification from R -5D Residential Duplex to Conditional B-2 Community Business District on property located on Ferry Point Road, south side of Indian River Road between GPIN: portion of 14651940980000. CONSENT PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed as a commercial vehicular and pedestrian access drive connecting an adjacent commercial parcel with Ferry Point Road, together with related infrastructure and improvements. PROFFER 2: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care -A -Lot Pet Supply Offsite Access, Virginia Beach, Virginia," dated September 23, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 18, 2010, and found it to be legally sufficient and in acceptable legal form. Item #2 City of Virginia Beach Page 2 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE There was no opposition to this application. ABS 0 AB SENT 0 +"J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — INTERFACILITY TRAFFIC AREA and VICINITY MASTER PLAN STUDY, An Ordinance to amend the Comprehensive Plan by adopting the INTERFACILITY TRAFFIC AREA and VICINITY MASTER PLAN, OCTOBER 2010. MEETING DATE: December 14, 2010 ■ Background: In January of 2010, the City began a planning study for the development of a master plan for the Interfacility Traffic Area and Vicinity. The public planning process relied heavily upon input from stakeholders, residents, land owners, the Navy and various City Departments. This participation served to inform and guide the analysis, design alternatives and eventual plan recommendations. This master plan provides recommendations regarding land use, open space, utilities, building design, roadway and trails, creating opportunities for growth compatible with the AICUZ restrictions of the Interfacility Traffic Area. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Interfacility Traffic Area and Vicinity Master Plan. ■ Considerations: The Interfacility Traffic Area and Vicinity Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Interfacility Traffic Area and Vicinity. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing and responds to the challenges of transportation and infrastructure needs. Staff recommends adoption. City of Virginia Beach Amendment to Comprehensive Plan- ITA Master Plan Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. SubmittingDepartment/Agency: � Planning Department ,;,,� City Manager: 21 December 8, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN - INTERFACILITY TRAFFIC AREA AND VICINITY MASTER PLAN REQUEST: An Ordinance to amend the Comprehensive Plan by adopting the Interfacility Traffic Area and Vicinity Master Plan, October 2010. SUMMARY OF AMENDMENT In January of 2010, the City began a planning study for the development of a master plan for the Interfacility Traffic Area and Vicinity. The public planning process relied heavily upon input from stakeholders, residents, land owners, the Navy and various City Departments. This participation served to inform and guide the analysis, design alternatives and eventual plan recommendations. This master plan provides recommendations regarding land use, open space, utilities, building design, roadway and trails, creating opportunities for growth compatible with the AICUZ restrictions of the Interfacility Traffic Area. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Interfacility Traffic Area and Vicinity Master Plan. RECOMMENDATION The Interfacility Traffic Area and Vicinity Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Interfacility Traffic Area and Vicinity. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing and responds to the challenges of transportation and infrastructure needs. Staff recommends adoption. CITY OF VIRGINIA BEACH - INTERFACILITY TRAFFIC AREA & VICI Item #21 City of Virginia Beach An amendment to the Comprehensive Plan — Interfacility Traffic Area and Vicinity Master Plan December 8, 2010 APPROVED An ordinance to amend the Comprehensive Plan by adopting the Interfacility Traffic Area and Vicinity Master Plan — October 2010. AYE 11 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 0 Karen Prochilo presented this amendment to the Commission. Eddie Bourdon and R.J. Nutter spoke in support of the amendment. There was no opposition present. M. APPOINTMENTS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CEREMONIAL OATH OF OFFICE MEMBERS OF CITY COUNCIL FORMAL SESSION 6:00 PM JANUARY 4, 2011 THE HONORABLE LESLIE L. LILLEY OFFICIATING CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS VOLUNTEER RESOURCES ANNUAL Mary Russo, DATE: 12/7/2010 B REPORT Director PAGE: 1 E D S IVl SCHOOLS — MOVING TOWARDS Clay Bernick, L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D I CITY COUNCIL BRIEFING: VOLUNTEER RESOURCES ANNUAL Mary Russo, REPORT Director IVl SCHOOLS — MOVING TOWARDS Clay Bernick, SUSTAINABILITY Environment and Sustainability Office Manager Tim Cole, Sustainable Schools Project Manager 2 RESTLESS PLANET —Status Report Lynn Clements, Director, Museums and Cultural Arts 3 LYNNHAVEN PARKS and Dave Hansen, RECREATION OFFICES — Nike Site Deputy City Manager III/IVN/VI CERTIFICATE OF CLOSED CERTIFIED 11-0 Y Y Y Y 'Y Y Y Y Y Y Y /VIDE SESSION F-1 MINUTES —November 23, 2010 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/I-I PUBLIC HEARING: NO SPEAKERS REAL/PERSONAL PROPERTY TAX EXEMPTIONS a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation J/1 Ordinances to EXEMPT Real/Personal ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Property Taxes CONSENT a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation 2 Ordinance to MODIFY $5-M interest- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y free loan Virginia Beach Rescue Squad CONSENT purchase ambulance for Rescue Station 14 3 Resolution to AUTHORIZE issuance of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y VBDA Bonds of $30-M for LifeNet CONSENT Health CITY OF VIRGINIA BEACH Resolution to AUTHORIZE Policy re ADOPTED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y change of use for Mobile Home Parks DATE: 12/7/2010 B 5 Resolution to ADD a request for enabling ADOPTED, BY 11-0 Y Y PAGE: 2 E Y D Y Y Y Y S legislation to the 2011 Legislative CONSENT L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W Y T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 4 Resolution to AUTHORIZE Policy re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y change of use for Mobile Home Parks 5 Resolution to ADD a request for enabling ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y legislation to the 2011 Legislative CONSENT Agenda to abate BPOL taxes 6 Resolution to RECOGNIZE Human READ PUBLICLY 11-0 Y Y Y Y Y Y Y Y Y Y Y Rights/Diversity/provide AND ADOPTED, welcoming/protective environment in BY CONSENT Virginia Beach K -I ST. ANDREWS UNITED APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y METHODIST CHURCH Modification CONDITIONED, of Conditions (approved 6/10/68) re BY CONSENT additions at 717 Tucson Road (DISTRICT 2 — KEMPS VILLE) 2 EAGLE AUCTION, INC. D/B/A APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y TIDEWATER AUTO CONDITIONED/ AUCTION/EAGLE HOLDINGS, LLC CITY MANAGER'S Modification of Condition No. STAFF TO 5/ADDING No. 7 (approved 11/14/06) at EVALUATE 656 S. Military Highway (DISTRICT 2 — STORM KEMPS MLLE) DRAINAGE 3 ZION TEMPLE MINISTRIES COGIC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re church at 4992-1 Euclid Road CONDITIONED (DISTRICT 2 — KEMPSVILLE) BY CONSENT 4 VIBRANT FUNDING, LLC CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Automobile Museum to display British CONDITIONED sports cars at 410 18'h Street BY CONSENT (DISTRICT 6 — BEACH) 5 EDEN VENTURES, LLC CUP re a ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y bar/nightclub at 313 32°d Street WITHDRAWAL, (DISTRICT 6 — BEACH) BY CONSENT 6 Resolution to AUTHORIZE five (5) ADOPTED AS 10-1 Y Y Y Y Y N Y Y Y Y Y Roadside Guide Signs along Shore AMENDED Drive/Atlantic Avenue/21"/ 25"/83"' Streets (DISTRICT 5 — LYNNHAVEN/DISTRICT 6 — BEACH) CITY OF VIRGINIA BEACH APPOINTMENTS: SUMMARY OF COUNCIL ACTIONS BOARD OF ZONING APPEALS RESCHEDULED B Y C O N DATE: 12/7/2010 B N S U S CLEAN COMMUNITY COMMISSION PAGE: 3 E D S ENERGY ADVISORY COMMITTEE L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D L. APPOINTMENTS: BOARD OF ZONING APPEALS RESCHEDULED B Y C O N S E N S U S CLEAN COMMUNITY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION COMMUNITY SERVICES BOARD Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 Year Term 1/1/I1 — 12/31/13 Kay Ashley M/N/0 ADJOURNMENT 6:30PM PUBLIC COMMENT NO SPEAKERS REGISTERED CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000