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MARCH 8, 2011 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 R17A SWEET BELL17TO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeS7'1,.PH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER. Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN F. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITYASSESSOR JERALDD.BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA I. CITY MANAGER'S BRIEFINGS 8 March 2011 - Conference Room - A. PROPOSED DRIVEWAY ENTRANCE — Appeal Charles Hassen, Development Services Coordinator - Planning B. STORM WATER PROGRAM Philip Roehrs, Water Resources Engineer — Public Works Mark Gemender, Operations Engineer — Public Works C. STRIVING FOR EXCELLENCE REPORT James K. Spore, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc1@vbgov.com 3:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Conant Christian Chapel Assembly of God 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 February 22, 2011 G. FORMAL SESSION AGENDA H. PRESENTATION PROCLAMATION — Girl Scout Troop 54 Heather Gilbert, Troop Leader Cadence Gilbert, Girl Scout I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to revise City Council Policy re permits for rental of Surreys in the Resort Area 2. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way: (DISTRICT 6 — BEACH) a. OCEAN BEACH CLUB, LLC to construct and maintain building banners, a water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges at the rear of 3401 Atlantic Avenue, Suite A b. HI -SEA, LLC to construct and maintain gates and various overhangs (roof, trellis, banners, entry and identification features) re development of Beach Centre at 314 Laskin Road c. JOHN E. and CATHERINE SASSONE UHRIN to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue 3. Resolution to appoint Adam G. Swann as Assistant City Attorney, effective March 1, 2011 4. Ordinances to APPROPRIATE the following: a. $193,000 to the City Treasurer re postage charges b. $25,000 from the Beautification Fund to Landscape Management re the Miyazaki Japanese Garden, Sister City tree plantings at Mount Trashmore in commemoration of the 60th Anniversary of the Council of Garden Clubs c. $636,500 from the School Landscaping Internal Service Fund to Landscape Management re $186,000 for schools playground safety improvements; $48,000 re relocation and replacement of playground equipment and $402,500 re replacement of motor vehicles and equipment 5. Ordinances to ACCEPT and APPROPRIATE donations: a. $5,500 from the Lions Club to the Library Gift fund re the book download project for the visually impaired b. $2,865 from Paul Treanor and others to the Historic Houses Trust Fund re archaeological excavation outside the Adam Thoroughgood House K. PLANNING 1. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for Modification of Condition No. 4 (approved by City Council March 9, 2004) re church expansion at 210 South Witchduck Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION .... E . 61 2. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC (approved by City Council on March 27, 2007) at 2448 Nimmo Parkway re a retail center (DISTRICT 7 — PRINCESS ANNE) a. Modification of Conditional Change of Zoning re former Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROVAL 3. Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of STEPHEN J. and PAULA H. LAUKAITIS/MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permitre a community pier with a float at 3300-3336 Whippoorwill Point (DISTRICT 5 RECOMMENDATION APPROVAL 5. Application of BEACON TOWERS and AT&T MOBILITY/GUY A. NEWMAN for a Conditional Use Permit re a monopole telecommunications tower at 749 London Bridge Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 6. Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communications tower at 1668 Kempsville Road (DISTRICT 1— CENTERVILLE) RECOMMENDATION APPROVAL 7. Application of SOLO INDUSTRIES, LLC/COLLIN ELANE for a Conditional Use Permit re a home occupation for sale of firearms, etc. via the Internet at 2201 Speckled Rock Lane (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 8. Application of HARMONY INVESTMENT, Ament 55321C Greenwich Road (deferred by City Council . for a Change of Zoning from 1-1 Light Industrial to Conditional A-36 p January 11, 2010) (DISTRICT 2-KEMPSVILLE) (Newtown SGA) STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION ON 3/11/09 APPROVAL 9. Application of GEO 1, LLC/JOHN GEORGHIOU for a Change of Zoning from R-10 Residential to Conditional R-7.5 (WF) Residential with Workforce Housing at 4480-4488 Indian River Road (DISTRICT 1— CENTERVILLE) RECOMMENDATION APPROVAL L. APPOINTMENTS ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD TIDEWATER YOUTH SERVICES COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 15 School Board votes on School Budget March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. PROPOSED DRIVEWAY ENTRANCE — Appeal Charles Hassen, Development Services Coordinator - Planning B. STORM WATER PROGRAM Philip Roehrs, Water Resources Engineer — Public Works Mark Gemender, Operations Engineer — Public Works C. STRIVING FOR EXCELLENCE REPORT James K. Spore, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VL FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Conant Christian Chapel Assembly of God 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 February 22, 2011 G. FORMAL SESSION AGENDA H. PRESENTATION PROCLAMATION — Girl Scout Troop 54 Heather Gilbert, Troop Leader Cadence Gilbert, Girl Scout Whereas. Warch 2011 proudCy marks the 99th anniversary of Girl Scouts of the united States of America, which was founded by ju6ette Gordon Low in 1912 in Savannah, Georgia; and Whereas: Throughout its distinguished history, G"Scouting has inspired millions of girls and women with the highest ideals of courage, confidence, and character, and Whereas: Through the GirCScout leadership experience, girls develop the skills and Lessons they need for a Cfetime, so that they may actively contribute to their communities; and Whereas: Girl Scouting takes an active role in increasing girls' awareness of the opportunities avaiCa6Ce to them today in math, science, sports, technology and otherfields so that they can expand their horizons; and Whereas: More than three million current Girl Scout members, nationwide, will be celebrating 99 years of this American tradition alongside nearly SO miCCion former Girl Scouts showing living proof of the impact of the amazing Girl Scout movement. mow, Therefore, I, William 0. Sessoms, ,%r.,-141ayor of the City of Virginia Beach, Virginia, do hereby 1nr'ocCaim: March 7 -13 Gir(Scout Weed, In Virginia Beach,and I encourage all Citizens ceCe6rate the 99th anniversary of the GirC Scouts of the VSA, applaud the commitment GirCScouting has made to support the Leadership development of America's girls and proudCy proclaim the week of Warch 7- 13 , 2011, as GirC Scout Week. In Wftness Whereof, I have hereunto set my hand and caused the OfficiaCSeal of the City of Virginia Beach, Virginia, to be affixed this Twenty-first day of Tebruary, Two Thousand Eleven. WiCCiam (D. Sessoms, fir. Mayor I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to revise City Council Policy re permits for rental of Surreys in the Resort Area 2. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way: (DISTRICT 6 — BEACH) a. OCEAN BEACH CLUB, LLC to construct and maintain building banners, a water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges at the rear of 3401 Atlantic Avenue, Suite A b. HI -SEA, LLC to construct and maintain gates and various overhangs (roof, trellis, banners, entry and identification features) re development of Beach Centre at 314 Laskin Road c. JOHN E. and CATHERINE SASSONE UHRIN to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue 3. Resolution to appoint Adam G. Swann as Assistant City Attorney, effective March 1, 2011 4. Ordinances to APPROPRIATE the following: a. $193,000 to the City Treasurer re postage charges b. $25,000 from the Beautification Fund to Landscape Management re the Miyazaki Japanese Garden, Sister City tree plantings at Mount Trashmore in commemoration of the 60th Anniversary of the Council of Garden Clubs c. $636,500 from the School Landscaping Internal Service Fund to Landscape Management re $186,000 for schools playground safety improvements; $48,000 re relocation and replacement of playground equipment and $402,500 re replacement of motor vehicles and equipment 5. Ordinances to ACCEPT and APPROPRIATE donations: a. $5,500 from the Lions Club to the Library Gift fund re the book download project for the visually impaired b. $2,865 from Paul Treanor and others to the Historic Houses Trust Fund re archaeological excavation outside the Adam Thoroughgood House u•e� h. O � d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Adopting a Revised City Council Policy Pertaining to Rental of Surreys in the Resort Area MEETING DATE: March 8, 2011 ■ Background: On May 10, 2005, City Council adopted a policy, "Rental of Surreys in the Resort Area," regulating the operation of four -wheeled surrey bicycles at the Oceanfront ("Policy"). The intent of the Policy was to protect the public safety and to ensure orderly use of public recreational facilities. The Policy specifies where surreys can be rented, the number of surreys that can be rented at each location, and provides restrictions on rentals from businesses located west of Atlantic Avenue. Specifically, the Policy prohibits granting permits for surreys rented from businesses located west of Atlantic Avenue, but grandfathers persons who owned or managed a business, located west of Atlantic Avenue, that owned surrey rentals as of the date of adoption of the Policy. The Policy further provides that the right to rent surreys from a business located west of Atlantic Avenue is not transferrable to subsequent owners, operators, or businesses. The Policy does not prohibit the transfer of permits when a grandfathered owner, operator or business, located west of Atlantic Avenue, relocates its business to a new location west of Atlantic Avenue. ■ Considerations: The Strategic Growth Area Office ("SGAO") has received several requests from grandfathered surrey rental businesses located west of Atlantic Avenue to relocate and transfer their permits to new locations west of Atlantic Avenue. SGAO is of the opinion that the intent of the original Policy was to prohibit such transfers. ■ Recommendations: Revise the Policy to prohibit the transfer of existing surrey permits from a grandfathered business located west of Atlantic Avenue to the same grandfathered business when said business relocates to a new physical location west of Atlantic Avenue. This action is consistent with the original intent of the Policy. The Resort Advisory Committee unanimously endorsed the proposed Policy revision at their meeting on November 4, 2010. ■ Public Information: Additional information will be provided to the public through the normal agenda process. ■ Attachments: Ordinance and Revised City Council Policy Recommended Action: Approve ordinance Submitting Department/Agency: SGA\Resort Management Office City Manage • `�, Vzb6 vo� 2 3 4 6 7 9 10 11 12 13 14 AN ORDINANCE APPROVING AND ADOPTING A REVISED CITY COUNCIL POLICY PERTAINING TO RENTAL OF SURREYS IN THE RESORT AREA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves and adopts the revised policy entitled "Rental of Surreys in the Resort Area," dated March sOpolicy11, which been exhibited to the City Council, and a true copy ohich is le in City Clerk's office. Adopted by the City Council of Virginia Beach, Virginia on this day of March 2011. APPROVED AS TO CONTENT: Strategic Growth Area Office CA11740 R-2 February 15, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' Office B 0 ��,► Policy qtyCouncil S ,jS OF OUR NASO Title: Rental of Surreys in the Resort Area Date of Adoption: May 10, 2005 1.0 Purpose and Need Revised: March 8, 2011 Index Number Page 1 of 2 The purpose of this policy is to regulate surreys at the resort area to protect the public safety and ensure orderly use of public recreational facilities. This policy supplements the provisions of Article V, Chapter 7 of the City Code. 2.0 Definitions Identifiable rental surrey: A surrey owned by a rental business, as of the adoption of this policy, that has provided the following information to the Resort Management Office: (1) manufacturer of surrey; (2) color of surrey; and (3) owner of surrey. Resort area: The resort area Boardwalk, its adjacent grassy area, resort area parks, and resort area sidewalks and streets from Rudee Inlet to 42"d Street and from the sandy beach to Parks Avenue. Surrey: A four -wheeled pedal -powered vehicle capable of seating two (2) or more persons. 3.0 Permit Requirements (a) A permit shall be required for each surrey that is offered as a rental or operated on the resort area bike path or connecting oceanfront plazas. The fee for each permit shall be ten dollars ($10.00). Permits shall be valid for one (1) year from the date of issuance. (b) Permits shall not be granted for surreys rented from businesses located west of Atlantic Avenue, except that any persons who owns or manages a business, located west of Atlantic Avenue, that owns identifiable rental surreys as of the adoption date of this policy, may obtain annual permits for those identifiable rental surreys. Such businesses may not obtain permits for any additional surreys if the number of surreys rented from that location exceeds seven (7). The right to rent surreys from a business located west of Atlantic Avenue is not transferable to subsequent owners, operators, businesses or physical locations. (c) Applications for surrey permits shall be made to the Convention and Visitors Bureau's Resort Management Office. The permit application shall identify the surrey (including its color and manufacturer), its owner, the surreys storage location, and the surreys rental location. The application shall also list the name of a manager for each rental location, as well as provide the business mailing address and/or facsimile number. (d) No permit shall be issued without the Zoning Administrator's or his/her designee's certification that any proposed storage or rental facilities for surreys are permitted by the zoning ordinance and are not located on city property. No business shall be issued more than seven (7) permits for any rental location. Title: Rental of Surreys in the Resort Area Index Number Date of Adoption: May 10, 2005 I Revised: March 8, 2011 I Page 1 of 2 (e) A decal indicating that the required permit has been obtained for an identifiable rental surrey shall be displayed prominently on any surrey used or offered for rent in the resort area. Each permitted surrey shall affix a permanent sign that is visible to the operator, and enumerates the following statements: 1. No riding surreys on the Boardwalk, sidewalks, grassy areas or streets. 2. No one under 14 years old may operate this surrey unless accompanied by a supervising adult. 3. No person or persons may ride outside of the surrey. (f) The signs affixed to those surreys rented from locations west of Atlantic Avenue shall also include the following statement: Do not ride surrey on any street —surreys may only be walked across Atlantic Avenue at marked crosswalks while en route to the Boardwalk or when returning surrey to rental location. 4.0 Grant of Permits The City Manager or his designee is hereby authorized and directed to develop guidelines for the issuance, suspension and revocation of surrey permits. Such guidelines may address topics including, but not limited to, equipment standards, maintenance, cleanliness, identification, and the size and seating capacity of surreys. The guidelines shall also prohibit posting advertisements on surreys. 5.0 Permit Revocation or Suspension; Temporary Prohibition on Surrey Operation (a) Any permit for the operation of a surrey may be revoked or suspended by the City Manager for: 1. any violation of this policy; 2. any violation of the guidelines published by the City Manager; or 3. any material misrepresentation, intentional or otherwise, made in the permit application. (b) The revocation or suspension notice shall be faxed or hand -delivered to the surrey's rental location, and shall be effective upon receipt. After receipt of this notice, the rental business's owner or designee shall immediately discontinue or cause to be discontinued the operation or use of permitted surreys as provided in the notice. Thereafter, the rental business' owner or designee shall be entitled to a hearing before the City Manager or his designee within ten (10) days of the effective date of the revocation or suspension. (c) The City Manager, the Chief of Police, or the Chief's designee, may temporarily prohibit the operation of surreys in the resort area under the following conditions: 1. when weather conditions make the operation of surreys unsafe; 2. when congestion on the resort area bike path makes the operation of surreys unsafe; or 3. when otherwise required in the interest of public health, safety or welfare. 111�9N � Nd�l 4n�9 N N 90 0 Ile Ph 4 0 z tr w v, = TI cn0m -i ;o z o X00 a, CD ;u Or OvM>>0 � o Z90z0 0 C >pp=> 0 00>>M0 n Z Z Z Z w _ & 00mD D c L -4 ) � 0000 u 5 N o � Am o� rr M 0 D n W X v J 111�9N � Nd�l 4n�9 N N 90 0 Ile Ph 4 0 z tr i. 1 +.B'Eg1. H"W�vu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as 35th Street and Atlantic Blvd. (City Greenbelt), located at the rear of 3401 Atlantic Avenue, Suite A, for Ocean Beach Club, LLC, a Virginia limited liability company MEETING DATE: March 8, 2011 ■ Background: Ocean Beach Club, LLC has requested permission to construct and maintain building banners, a stepped water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges in a portion of the City right-of-way known as 35th Street and Atlantic Blvd. (City Greenbelt), located at the rear of 3401 Atlantic Avenue, Suite A, Virginia Beach, Virginia. There are other encroachments in the City Greenbelt that are similar to this encroachment. Applicant has been advised that this encroachment does not entitle applicant to exclude the public from City public property. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ 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 Works/Real Estate City Manager: V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 35TH 7 STREET AND ATLANTIC BLVD. (CITY 8 GREENBELT), LOCATED AT THE 9 REAR OF 3401 ATLANTIC AVENUE, 10 SUITE A, FOR OCEAN BEACH CLUB, 11 LLC, A VIRGINIA LIMITED LIABILITY 12 COMPANY 13 14 WHEREAS, Ocean Beach Club, LLC, a Virginia limited liability company desire 15 to construct and maintain building banners, a stepped water feature, swing door, hinge 16 way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia 17 edges within the City's right-of-way known as 35th Street and Atlantic Blvd. (City 18 Greenbelt), located at the rear of 3401 Atlantic Avenue, Suite A, in the City of Virginia 19 Beach, Virginia; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's right-of-way subject to such terms and conditions as Council may prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Beach Club, LLC, a 30 Virginia limited liability company, its heirs, assigns and successors in title are authorized 31 to construct and maintain temporary encroachments for building banners, a stepped 32 water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered 33 balconies, roof canopies and roof fascia edges, within the City's right-of-way as shown 34 on the map marked Exhibits 1.1 thru 1.5" and entitled: "Ocean Beach Club Phase III 35 Encroachments into Right -of -Way 35tH Street & Atlantic Blvd. Virginia Beach, VA," a 36 copy of which is on file in the Department of Public Works and to which reference is 37 made for a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Ocean Beach Club, LLC, a Virginia limited liability company 42 (the "Agreement"), which is attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 45 is hereby authorized to execute the Agreement; and 46 46 47 48 49 50 51 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Ocean Beach Club, LLC, a Virginia limited liability company and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. CA -11656 R-1 PREPARED: 2/24/11 APPROVED AS TO CONTENTS SGP LIC WORKS, REAL ESTA APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, VASSI ANT 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 WOct day of V , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEAN BEACH CLUB, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner or long-term lessee of that certain lot, tract, or parcel of land designated and described as "Lots 4, 5, 6 and the Northern thirty feet of lot 3 in Block 81 "; as shown on that certain plat entitled: "Property of Virginia Beach Development Co., Virginia Beach Va. North of 25th St.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 176 and 177, and being further designated, known, and described as 3401 Atlantic Avenue A, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain building banners, a stepped water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 2428-03-4447-0000; (3401 Atlantic Avenue A) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as 35th Street and Atlantic Boulevard (commonly referred to as the "City Greenbelt"), the "Encroachment Area"; and WHEREAS, the Grantee has been advised that this encroachment does not entitle the Grantee to exclude the public from City public property. 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: Ocean Beach Club Phase III Encroachments into Right -of -Way 35th Street & Atlantic Blvd. Virginia Beach, VA," said exhibit plat consists of five (5) sheets, copies of which are attached hereto as Exhibits 1.1 thru 1.5," dated January 4, 2011, 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. 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, nor to exclude the public from public property. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that 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 prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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 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 the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 4 L4 by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Ocean Beach Club, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Robert M. Howard, Chief Financial Officer ("CFO") of Ocean Beach Club, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 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 , 2011, 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 , 2011, 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 Registration Number: My Commission Expires: _ Notary Public (SEAL) OCEAN BEACH CLUB, LLC, a Virginia limited liability company By (SEAL) Robert M. Howar , CFO STATE OF Vjk i ►- CITY/ k/I!g�r to -wit: The foregoing instrument was acknowledged before me this Vy\.& day of rua , 2011, by Robert M. Howard, Chief Financial Officer ("CFO") of Ocean Beach Club, LLC, a Virginia limited liability company. r (SEAL) Not ry Pu is �RLY D; 47 •S� ' NOTARY'. 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M C4 )) S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize Temporary Encroachments into portions of City rights- of-way known as Laskin Road, Pacific Avenue, Arctic Avenue and 32"d Street located at 314 Laskin Road, Virginia Beach, Virginia, for Hi -Sea, LLC, a Virginia limited liability company. MEETING DATE: March 8, 2011 ■ Background: Hi -Sea, LLC has requested permission to construct and maintain gates and various overhangs (roof, trellis, banners and entry/identification features) within portions of City rights-of-way known as Laskin Road, Pacific Avenue, Arctic Avenue and 32nd Street in connection with its development of the "Beach Centre" project located at 314 Laskin Road, Virginia Beach, Virginia 23451 - GPIN 2428- 02-0253. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit Plats and Location Map. Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real E to 0 City Manager: INYr 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHTS OF WAY 6 OF LASKIN ROAD, PACIFIC AVENUE, 7 ARCTIC AVENUE AND 32ND STREET 8 LOCATED ADJACENT TO 314 LASKIN 9 ROAD BY HI -SEA, LLC. 10 11 WHEREAS, HI -SEA, LLC, a Virginia limited liability company, desires to 12 construct and maintain gates and various overhangs (roof, trellis, banners and 13 entry/identification features) within portions of City rights-of-way known as Laskin Road, 14 Pacific Avenue, Arctic Avenue and 32nd Street in connection with its development of the 15 "Beach Centre" project located at 314 Laskin Road, Virginia Beach, Virginia 23451 16 G P I N 2428-02-0253. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's #right of way/property subject to such terms and conditions as Council may 21 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, HI -SEA, LLC, a Virginia 27 limited liability company, its assigns and successors in title are authorized to construct 28 and maintain a temporary encroachment for gates and various overhangs (roof, trellis, 29 banners and entry/identification features) in the City's rights of way as shown on the 30 maps marked Exhibits 1.1 thru 1.13" and entitled: "Beach Centre Encroachments into 31 Right -of -Way Laskin Road, Arctic Ave., Pacific Ave. and 32nd Street," a copy of which is 32 on file in the Department of Public Works and to which reference is made for a more 33 particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and HI -SEA, LLC, a Virginia limited liability company, (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as HI -SEA, LLC, a Virginia limited liability company, and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2011. 49 50 CA11639 R-1 PREPARED: 2/24/11 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d025\p009\00007852.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL EST C EY 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 day of2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HI -SEA, LLC, a Virginia limited liability company, ITS 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 "PARCEL A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 1, 2 and 3 BLOCK 103 AND 300'X 364' PARCEL ADJOINING BLOCK 103 SUBDIVISION OF LINKHORN PARK M.B. 5 P. 151 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' AUGUST 9, 2010, prepared by GALLUP SURVEYORS & ENGINEERS, LTD.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20101005001051150, and being further designated, known, and described as 314 Laskin Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain gates and various overhangs (roof, trellis, banners and entry/identification features), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 2428-02-0253-0000; (314 Laskin Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as Laskin Road, Pacific Avenue, Arctic Avenue and 32nd Street, 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: "Beach Centre Encroachments into Right -of -Way Laskin Road, Arctic Ave., Pacific Ave. and 32nd Street," said exhibit plat consists of thirteen (13) sheets, copies of which are attached hereto as Exhibits "1.1 thru 1.13," dated January 4, 2011, 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 10 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that 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 prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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 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 the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required AI� by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. y IN WITNESS WHEREOF, the said HI -SEA, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Robert M. Howard, Chief Financial Officer ("CFO"), Heritage Investments, LLC a Virginia limited liability company as Managing Member of HI -SEA, LLC. 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) 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 2011, 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. (SEAL) 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: The foregoing instrument was acknowledged before me this day of , 2011, 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. (SEAL) Notary Registration Number: My Commission Expires: Notary Public 6 Pq HI -SEA, LLC, a Virginia limited liability company SEAL ByA(SEAL) lky— Robert M. Howard, CfFO Heritage Investments, LLC, Managing Member of Hi -Sea, LLC STATE OF VIRGINIA CITY/ -e Pd 0A/ iQ q Ij;A 8Ek-W, to -wit: The foregoing instrument was acknowledged before me this /9 day of r_ c'VLAt4 , 2011, by Robert M. Howard, CFO of Heritage Investments, LLC, Managing Member of Hi -Sea, LLC. Notary Registration Number: c 23 ?3q3 My Commission Expires: Ga - LZ9— I a (SEAL) Notary Public z" A. e'`�ti NO rARY' • 9� ` * PUBL/C REG. #237343 C MY COMM) S IDN EXPIRES Q • F4 [TH OF (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO CONTENTS 1 APPROVED AS TO LEGAL SUFFICIENCY AND FORM S AMEYER, T CITY ATTORNEY I N T 4x N ' t, -ID y , 4 �,7 i YD CO -: rD o o n —= o o� Arctic Ave. z n S n 0� �` Q 3 •C •� 3 7 O O '6 < < fD fD N S N m m — m n- d� " m I n n p p m D o n O .-. p m In D dICU w rn Dv, y=O n ro N rl rt i CU n �' S m O O +D u' 3 DoM D rD o m o CL m z O .3r `-, Wn (D N �D rD to I a7 I Property Line S✓ 1 — — — — — — — — — — — C — — — rl 90 I N T 4x N ' t, -ID y , 4 �,7 I I I I L I i YD -: —�----=gym —= err 1 w 1 ,.� # ro N 1 rn 4 �. 0 0 N .a `-, Wn (D Q �D rD N I n� S✓ 1 .. 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(D Sy X I r` n CD Cr 2.< i I �G vLn N W0 a -- — — — — -- — — — — — — — ——————————— — —i�-- Q Matchline Matchllne i < � See Exhibit 1.3 See Exhibit 1.3 D rD rtn i I _ 6 .� i North Irl � I �G rD I 1 I-I - - - - - - -- - -- - - - -- Matchline ; I f Matchline z See Exhibit 1.6 ; I See Exhibit 1.6 l 0 p I w o ,+ o N a# o j n NvrDa 3 -� rt m € (o (o a I z = -°a I N i fD LU 1 00 I6- 0 N IDnI Q Nj fD Ln Ln + I I � (D (D I r -r I I I I I �I 0 1 c, F R m m0 7 O rr 1 NCA m Sc '•r n (p Q m I 1 3 3 n n I _ 3 aZa 0 S I,. o -v —s m p W C, N 1 r fD 1 Y.. O- r•1 LA m r+r 3 r, cr. Lrl 0 - w -P O m O I W a N n 2- 0 0 X N Q ? :;o �_ I ! N 2L =,, � � o ;7� I I 3 3 v CD (� I -_�' m v 0 M (o Z) I-, 1 ;0 0 X00 (D Z 1 r+ L� N O n p ��O rr (D 1 ro -0I I co Q n cn Cu n z < n' o �I �v° - n (D m O S N n n W CD fl - `S N v 0 Q �I =- cn 3 cn 0 O (D !D fD rD rt I I m O O O O I n I I � I I ro I i n r O O a) m z o I D 0 :E - M OrDn N i (D S w o OQ' a N m 3 3 100 > rD 16 0I 3 .. N-, m6 (-D L LU �Y 1 1 l r+ m I --t I (D r+ o m o- LnWS o M o sv I v N I fD O'Q �, M < n Ion rt m ,� -o _h -1I 1aj 3 3 n 3 ' 1rDrD3 Z Matchline a Matchline �° See Exhibit 1.5� i See Exhibit 1.5 ----------- I— — — — — — — — — — -------------- - H m i d q m m ELEVATION VIEW ARCTIC AVE at LASKIN ROAD (partial) (not toscale) m i d q m �;._."v.�.........._. r •n ..__.,�.. rl/RRxr1-rfr�+.n na r�r;1..j_....®�.._� cs.•af c x rccrx c �t xnn•^� ncx-+„�n�.. iv+c J �• �rt rn D N r00 c� M y °° o < o N Q CD :�o rD o r+ m ELEVATION VIEW ARCTIC AVE at LASKIN ROAD (partial) (not toscale) ip-, l a i.' Jill 151 _`� i a 3 84 Z 1t+C` 0 'ALLOWED' —t„ r � j i i � liz LIF } a { a NN NN ) 4 00 S e"r II N _ a o rn a (D x Ko m < cr x r+ (D r 3 r+ o .. •�°- G) fD 70 e-+ (D O n 0 O a) N S Q �- O (D o' n D C+ O_ r+ fD ELEVATION VIEW a' LASKIN ROAD at ARCTIC AVE. (partial) (nottoscale) r w_ z 0 a w J w NO C N m +-J (10 LU LL U a a {"' O 2 a U -C Q > U dA DC flj v Y -0N O 41 O Qa 0 �t U CO fa ri 4-`~U C au a E -0 .. °u +� E = > c� ra D U Q W U a i LU r w_ z 0 a w J w NO C N m +-J (10 LU LL U a a a c 1,, -m N r ` o + 77W gg , LU 4- Q Zn- LUt r r O w Ln w J LU c N m Nit" Zkl i\// m m W + `o Z N m x o m C Z iu a. = n G) XX �ZDO ZD0n m cn N Z = D z 4om0 Lam„ o Z D M y mm> Z3, C) CL A � ZC mm N A J C cfl Z dN X00 �o m v Do a lD � n (D N =r Q �n O, -a � Fri CD 0 n N O Lcn o �D IV N z CD O -4CD CL sv W W � N N N N O_ O `o Z N m x o m C Z iu a. = n G) XX �ZDO ZD0n m cn N Z = D z 4om0 Lam„ o Z D M y mm> Z3, C) CL A � ZC mm N A J C cfl Z dN X00 �o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Rudee located at the rear of 232 Indian Avenue, Virginia Beach, Virginia, for property owners John E. Uhrin and Catherine Sassone Uhrin MEETING DATE: March 8, 2011 ■ Background: John E. Uhrin and Catherine Sassone Uhrin have requested permission to construct and maintain an 8'x 8' floating dock in a portion of City property known as Lake Rudee, located at the rear of 232 Indian Avenue, Virginia Beach, Virginia. There are similar encroachments and permits issued by the City in Lake Rudee. The existing pier was the subject of an encroachment approved by City Council March 10, 2009. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. The March 2009 Ordinance included recommended riparian buffer and payment for riparian buffer restoration to address water quality protection. ■ 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 Works/R state (P° 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 RUDEE 7 LOCATED AT THE REAR OF 232 8 INDIAN AVENUE, VIRGINIA BEACH, 9 VIRGINIA, FOR PROPERTY OWNERS 10 JOHN E. UHRIN AND CATHERINE 11 SASSONE UHRIN 12 13 WHEREAS, John E. Uhrin and Catherine Sassone Uhrin desire to construct and 14 maintain an 8'x 8' floating dock upon the City's property known as Lake Rudee, located 15 at the rear of 232 Indian Avenue, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John E. Uhrin and Catherine 25 Sassone Uhrin, their heirs, assigns and successors in title, are authorized to construct 26 and maintain temporary encroachments for an 8' x 8' floating dock on a portion of the 27 City's property known as Lake Rudee as shown on the map marked Exhibit "A" and 28 entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR FLOATING DOCK FOR 29 JOHN UHRIN SHADOWLAWN HEIGHTS LOT 1-A 0.118 AC GPIN: 2417-91-0714 30 SCALE: 1" = 30' DATE: NOVEMBER 19, 2010 SHEET 1 OF 1," a copy of which is on 31 file in the Department of Public Works and to which reference is made for a more 32 particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and John E. Uhrin and Catherine Sassone Uhrin (the 37 "Agreement"), which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as John E. Uhrin and Catherine Sassone Uhrin and the City Manager or his 44 authorized designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2011. CA -11641 R-1 PREPARED: 2/24/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 NA ER, ASSI ANT 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 24th day of February, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN E. UHRIN and CATHERINE SASSONE UHRIN, husband and wife, THEIR 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 1-A", as shown on that certain plat entitled: "RESUBDIVISION PLAT OF LOTS 1, 2 AND 3 SHADOW LAWN HEIGHTS (INSTR. NO. 20081027001249400) AND PORTION OF PROPERTY OF CITY OF VIRGINIA BEACH (DB 4388, PG 1201) VIRGINIA BEACH, VIRGINIA JULY 20, 2010, prepared by MSA, P.C.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100922001000030, and being further designated, known, and described as 232 Indian Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 8' x 8' floating dock, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2417-81-8696-0000; (City Of Virginia Beach) 2417-91-0714-0000; (232 Indian Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Rudee, 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 exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR FLOATING DOCK FOR JOHN UHRIN SHADOWLAWN HEIGHTS LOT 1-A 0.118 AC GPIN: 2417-91-0714 SCALE: 1" = 30' DATE: NOVEMBER 19, 2010 SHEET 1 OF 1," 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 the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. 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 El ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John E. Uhrin and Catherine Sassone Uhrin, the said Grantees, have caused this Agreement to be executed by their signatures. 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) 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 , 2011, 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 , 2011, 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 Registration Number: My Commission Expires: 0 Notary Public (SEAL) By 5 n E. Uhrin, Owner A By Catherine Sass a Uhrin, Owner STATE OF r TI, CITY/COUNTY OF&01 to -wit: The foregoing instrument was acknowledged before me this Qq day of 2011, by John E. Uhrin. Al &fwi EAL) Notary ublic Notary Registration Number: My Commission Expires: STATE OF 4 %� i0 CITY/COUNTY OF , o -wit: The foregoing instrument was acknowledged before me this day of O by Catherine Sassone Notary Registration Number: My Commission Expires:�� 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM WSANT MEYER, AITYATTORNEY y EBS '4fZ f,Y P /\ER PROPOSED 8'x8' FLOATING DOCK Ig 32.60' 0 30' 60' 1"=30' GPIN: 2417-91-0714 ZONING: R-5 S ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) 773-8084 EMAIL RICKOPCC-LLC.CDM N 64'2900" W 11.38' N 74'31'33" W — 8.52' S 81'10'32" W 9.97' tp �a, w PST H OF c) RICHARD T. BARTLETT Lic. No. 18335 L�0�NOVEMBER 19, 201 1 FSS��NAL C APO 1 N/F HOME ASSOCIATES OF VIRGINIA INC. 236 INDIAN AVENUE GPIN: 2417-81-9787 LOT 1—A S SHADOW LAWN HEIGHTS u'� INSTRUMENT NO. , u� *11\0 20081027001249400 1 �S, O• �� mss, Q • w 13 " E 311.68 .68 INDIAN AVENUE ' (30' R/W) EXHIBIT "A" — ENCROACHMENT REQUEST FOR FLOATING DOCK FOR JOHN UHRIN SHADOWLAWN HEIGHTS LOT 1—A 0.118 AC NOVEMBER 19, 2010 SHEET 1 OF 1 LM 'c%Fa,..i.,, f � -rows• 1 70 �u � Y R�1NV�, 1 1 70 `V > WB 144 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Adam G. Swann to the Position of Assistant City Attorney MEETING DATE: March 8, 2011 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: This Resolution appoints Adam G. Swann as an Assistant City Attorney, effective March 1, 2011. ■ Recommendations: It is recommended that City Council adopt the attached resolutions. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney L b ki M'o City Manager. k wR't 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING ADAM G. SWANN TO THE POSITION OF ASSISTANT CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Adam G. Swann is hereby appointed to the position of Assistant City Attorney, effective March 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA11806 R-1 February 28, 2011 •t,ar"' 'h� nor . CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Appropriate Funds to the FY 2010-11 Operating Budget of the Office of the City Treasurer for Postal Service Charges MEETING DATE: March 8, 2011 ■ Background: The postal service remains the primary mechanism through which the City Treasurer distributes bills and notices. In preparing the FY 2010-11 Operating Budget, the postal service account was reduced in order to meet the budgetary goals. The cut was too drastic, and there is now a need to reinstate $193,000 to cover the postage expenses projected through the remainder of this fiscal year. Revised projections of revenues under the control of the Treasurer are expected to offset the increase in appropriations. ■ Considerations: A current analysis of revenues has identified areas in the City Treasurer's Budget that should exceed budget estimates. Fees collected through the imposition of administrative fees on delinquent accounts are expected to generate additional revenues. The additional $193,000 appropriation can be financed by a corresponding increase in this revenue account, City Treasurer Charges. Additionally, the Treasurer has made use of the Setoff Debt Collection program, which is expected to generate revenue above the budget estimate. Also, a pilot program, involving the City Treasurer and the Code Enforcement Unit of the Housing Neighborhood Preservation Department is expected to generate about $70,000 this year. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Appropriate the additional funds with a corresponding increase in estimated revenues. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Treasurer City Manager: 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE OFFICE OF THE CITY TREASURER FOR POSTAL SERVICE CHARGES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $193,000 is appropriated, with estimated revenues from City Treasurer Charges increased accordingly, to the FY 2010-11 Operating Budget of the Office of the City Treasurer for postal services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of )2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA11805 R-1 February 25, 2011 APPROVED AS TO LEGAL SUFFICIENCY: tU ` .'14.,'G yam.+`•��'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $25,000 in Fund Balance from the City Beautification Fund to the FY 2010-11 Operating Budget of the Department of Parks and Recreation MEETING DATE: March 8. 2011 ■ Background: The City's Landscape Management Division accepts donations from residents and organizations that wish to enhance the landscape plantings of public property. Estimated donations (anticipated revenues) and the estimated accompanying expenditures are recorded in the City Beautification Fund (#908) of the City Budget. The FY 2010-11 Budget estimated $30,000 in donation revenue, and this amount was appropriated. The fund balance of the Beautification Fund includes donations from previous years that exceeded budget estimates and resulted in fund balance. The current fund balance is $42,525. ■ Considerations: To meet the beautification commitments associated with the donations, including the expansion of the Jaanese Garden, the Miyazaki Sister -City tree plantings at Mount Trashmore, and 60t Anniversary of the Council of Garden Clubs, an additional $25,000 of funding is required above the amount appropriated in the Budget. This amount is available in the fund balance of the Beautification Fund. ■ Public Information: Public information will be coordinated through the normal Council Agenda Process. ■ Recommendations: Approval of attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreatio City Manager: k "Vz� 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE $25,000 IN FUND BALANCE FROM THE CITY BEAUTIFICATION FUND TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $25,000 in fund balance from the City Beautification Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2010-11 Operating Budget of the Department of Parks and Recreation for landscaping on public property. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the the members of City Council. APPROVED AS TO CONTENT: rt Management Services CA11798 R-1 February 16, 2011 APPROVED AS TO LEGAL SUFFICIENCY: t n s Office Hu 8Fn CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $636,500 in Fund Balance from the School Landscaping Internal Service Fund to the FY 2010-11 Operating Budget of the Department of Parks and Recreation MEETING DATE: March 8, 2011 ■ Background: The City provides landscape services for 93 school sites through the School Site Landscaping Internal Service Fund (#613). The Landscape Management Administrator has requested and the Schools Administration supports the use of $636,500 from fund balance of this internal service fund for specific projects and equipment replacements as set out in the attached memoranda. ■ Considerations: The following projects and equipment have been approved by the School Administration, and will address deteriorating conditions at various school sites: • Playground Safety Improvements (surfacing removal and replacement) at 12 sites ($186,000); • Relocation and replacement of playground and equipment at Fairfield Elementary ($48,000); Replacement of various motor vehicles and equipment ($402,500). ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Alternatives: Not appropriating the funds will result in a degradation of services and an inability to expeditiously address safety concerns at school sites. ■ Recommendations: Approve the attached ordinance ■ Attachments: Ordinance; Two Memoranda from the Landscape Management Administrator Detailing the Proposed Projects; Memorandum of Support of the Use of Funds from School Administration Recommended Action: Approval Submitting Department/Agency: Parks and Recreation/Landscape Management City Manager: i )� d1 1 AN ORDINANCE TO APPROPRIATE $636,500 IN 2 FUND BALANCE FROM THE SCHOOL 3 LANDSCAPING INTERNAL SERVICE FUND TO THE 4 FY 2010-11 OPERATING BUDGET OF THE 5 DEPARTMENT OF PARKS AND RECREATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $636,500 in fund balance from the School Site Landscaping Internal Service 11 Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2010- 12 11 Operating Budget of the Department of Parks and Recreation for one-time expenses 13 approved by the School Administration. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA11801 R-1 February 23, 2011 APPROVED AS TO LEGAL SUFFICIENCY: I i y A s ffice DEPARTMENT OF PARKS AND RECREATION LANDSCAPE MANAGEMENT DIVISION 757-385-4461 FAX (751)427.1895 TDD(757)427-4305 INTER -OFFICE MEMORANDUM DATE: February 1, 2011 Wgov com 4141 Dau NECK ROAD VIR"IA BEACK VA 2345&5786 TO: John Kalocay, Assistant Superintendent — Virginia Beach City Public Schools /Y1 FROM: T ' Frank Fentress, Landscape Management Administrator SUBJECT: Use of 613 Internal Service Fund Net Assets for FY 2010-11 As you know, the year-end fund balance for 11049 - Grounds Services accumulates in a 613 Internal Service Fund account at the end of each fiscal year. The fund balance is made up largely of salary and fringe benefits surpluses at the end of each fiscal year due to vacancies throughout the year in Grounds Services. We are requesting your approval to use $636,500 from the net assets in the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we cannot afford to do otherwise in FY 10-11. The specific requests and amounts are listed below: 603407 — Other Contractual Services Playground Safety Improvements - 12 sites @ $15,500 each - Phase II of a 5 -year program for $186,000 Surfacing Removal and Replacement at various school sites - Relocation and replacement of playground and equipment at $48,000 Fairfield Elementary 607105 — Replacement of Motor Vehicles and Equipment (1) Pickup, 4WD, Ford F-450, Dual Rear Wheel to replace $43,000 $43,000 #141829 (1) Mower, TORO 4000D with Canopy to replace tractor $48,000 $48,000 #48899 (1) Trailer, 20 -ton capacity, 28 foot with Beaver Tail to replace $20,000 $20,000 #068151 (2) Truck, 17,500 GVWR Crew Cab with Snow Plow and Salt $89,500 $179,000 Spreader to replace #140660, 141317 Memorandum to John Kalocay Page Two February 1, 2011 (9) Trailer, 14,000 GVW,.22' Flat Bed with Tool Box to replace $6,000 $54,000 Trailers #146621, 146622, 146625, 146627, 146628, 146887, 140928, 140929, 141314 (1) Traffic Line Painter to replace #120887 $6,500 $6,500 (4) Trailer, 8,000 GVW, 16' Flat Bed to replace Trailers $4,500 $18,000 #120868, 140871, 141886, 141315 (4) Hustler 72" Riding Mowers to replace TORO Z -Mowers $8,500 $34,000 #165131, 146832, 165127, 146305 Total $636,500 Below is a brief explanation of the projects: Phase I of the five-year safety surface replacement program began in 2010. Ten elementary school sites have been addressed thus far and two more are scheduled for completion later this spring. Phase I I addresses 12 more elementary school playgrounds. The removal and replacement of playground base materials and engineered wood fiber will help to assure that safety requirements are maintained while prolonging the life expectancy of the toy structure. The playground at Fairfield Elementary School is located in a low lying field. Severe flooding results during rain events. The surfacing material is in constant disarray and adequate levels are difficult to maintain. The toy is beyond its life expectancy and in need of replacement as well. The estimated replacement cost is based on current pricing for new playground construction. Funding of the relocation and toy will eliminate the flooding and make for a safer, enjoyable, useful play experience and environment. • All vehicles and equipment listed have met mileage and service requirements established by the City's Automotive Services Division for replacement and are essential to our operation. Funding will reduce repair costs, minimize downtime, and help to ensure effective service delivery. As noted previously, we are recommending that funding be utilized from the 613 Internal Service Fund. In lieu of Internal Service funding, the alternatives are either delaying these projects and replacements until they can be funded through the normal budget process or that no funding be provided. We feel that these two alternatives, especially providing no funding, will result in deficiencies at a number of school sites. We have also proposed some of the safety improvements previously in the budget process, but due to competing priorities have been unable to secure -funding. We look forward to your favorable response. Please feel free to contact me should you need more information or clarification to evaluate these requests. FLF/jfb cc: Christina Uperti Paul Harris awwrMENr of PARKS AND RECREATION LANDSCAPE MIINAGEmFNT DNISION 757.3854461 FAX (M)427-095 TDD (757).4274M 4C:-a.ty 4C3�f 'V�P=:�'�zL 113 �acli INTER -OFFICE MEMORANDUM DATE: February 14, 2011 vftwAam 4143 UM NECKROM VIRMM Elrai,vaWss M TO: John Kalocay, Assistant Superintendent — Virginia Beach City Public Schools FROM:Fronk Fentress, Landscape Management Administrator SUBJECT: Explanation of Internal Service Fund Net Assets Request for FY 2010-11 As requested, below is more detailed information concerning our February 1, 2011, year-end fund balance request for 11049 - Grounds Services. The current request includes $186,000 for playground surfacing renovations at 12 elementary schools. The engineered wood fiber surfacing in these playgrounds has deteriorated and become compacted overtime and is now below national safety standards. In addition to removing and replacing the engineered wood fiber, this contract also includes improvements to the timber borders and underdrain systems and ensures the best possible ADA accessibility to the playground equipment. This work is part of a five-year plan to address safety and ADA needs for all 75 playgrounds at elementary schools. Playgrounds contracted for last year (five remaining to be completed by April 1) and those proposed for the next round are listed below. Playground Surfacing Renovations — FY 09-10 Arrowhead Elementary Bayside Elementary — Playground 1 Bayside Elementary—Playground 2 Birdneck Elementary Holland Elementary Indian Lakes Elementary John B. Dey Elementary Unkhorn Elementary Point O View Elementary Seatack Elementary Strawbridge Elementary Thalia Elementary Kingston Elementary — Playground 1 Kingston Elementary—Playground 2 Red Mill Elementary— Playground 1 Red Mill Elementary—Playground 2 Proposed Surfacing Renovations—FY 1041 Betty F. Williams Elementary Corporate Landing Elementary—Playground 1 Corporate Landing Elementary — Playground 2 Three Oaks Elementary Louise Luxford Elementary Centerville Elementary Trantwood Elementary—Playground 1 Trantwood Elementary—Playground 2 Lynnhaven Elementary Parkway Elementary Rosemont Elementary Salem Elementary * Used contractual funds from 11049 operating budget to add these four playgrounds. Memorandum to John Kalocay Page 2 February 14, 2011 in addition to the playground surfacing renovations, we also intend to relocate and replace the entire playground at Fairfield Elementary. The current playground is in a poor location on the site and is subject to flooding during even minor rain events. This severely limits its use and has been an ongoing problem since the playground was first installed about 15 years ago. Many remedies, including site grading and dry wells, have been tried, but all with little success in solving the problem. With input from Fairfield Elementary administration, the new playground will be installed in a better location on the school property and will include better ADA accessibility. Our fund balance request for FY 2014-2011 also includes $402,500 for vehicle and equipment replacements. None of the equipment assigned to 11049 is in the City's replacement program, so we have been replacing these assets through fund balance requests since 2005. With the exception of the Traffic lane Painter, all vehicles and equipment on the list were suggested by Automotive Services as meeting their criteria for replacement either by age, mileage or cumulative cost for repairs exceeding replacement value. Explanations for the proposed equipment replacement requests follow: (1) Pickup 4WD Ford F-450 Dual Rear Wheel to replace #141829 This truck is for the Schools Concrete/Asphalt/Storm Drain crew. They build asphalt walkways for portables, ADA ramps and sidewalks, and repair storm drain cave-ins and infrastructure at schools. Four wheel drive is needed because this truck is frequently used to pull a trailer with forms and equipment off the pavement to problem areas on the school sites. It replaces a service van with over 108,000 miles on it. (1) Mower TORO 4000D with Canopy to replace tractor #48899 This mower replaces the last of the old Schools tractors with a rear grass cutting flail. The tractor was more than 20 years old and has already been surplussed by Automotive Services as not worth repairing. The mower, which is 9' wide, wilt be used by our Schools mowing units. (1) Trailer, 20 -ton capacity 28 foot with Seaver Tall to replace #068151 This trailer is more than 20 years old, and is used by our Schools Sports Field/Irrigation unit for hauling backhoes, tractors and implements to school sites, mainly for athletic field maintenance, grading and renovation. It has reached the end of its useful life and will be replaced with a comparable trailer. (2) Truck 17,500 GVWR Crew Cab with Snow Plow and Salt Spreader to replace #140660.141317 These trucks are both small crew cab dump trucks, close to ten years old, which are now mainly used in a support role when other Schools trucks are down for service or repairs. The older trucks get rotated to this type of service before they are replaced. The replacements will be used by Schools maintenance units, and the next oldest trucks will be rotated to the support fleet. (9) Trailer, 14,000 GVW 22' Flat Bed with Tool Box to replace Trailers #146621,146622,146625, 146627 146628 146887 140928,140929,141314 Six of these trailers are enclosed cargo trailers used by the Schools maintenance units. The structural frames of these trailers are failing, so we are replacing them with open, much more structural sound trailers. Two of these trailers are already at Automotive Services being evaluated, and it is doubtful we will get them back. The remaining three trailers are smaller open trailers, also used by schools maintenance units, which have reached the end of their useful life. The replacement trailers are designed to safely carry the load of our current mowing equipment. Memorandum to John Kalocay Page 3 February 14, 2011 (1) Traffic kine Painter to ER ace #120887 Although not flagged for replacement by Automotive Services, this Traffic Line Painter is used by our Schools Traffic/Signage unit to perform parking lot maintenance at schools. Most of the repairs of this unit over the years have been performed by Schools mechanics. The unit being replaced is over 1S years old and has had the air compressor and paint tank replaced several times. (4) Trailer, 8 VW 16' Flat Bed to replace Trailers #120868.14_0871,141886._141315 These trailers are small open trailers that have reached the end of their useful lives. Two are used by Schools mowing units, one is used by the Schools Trafflc/Signage unit, and the last is used by the Schools Fence/Welding unit to haul materials, such as gates. (4) Hustler 72" Riding Mowers to replace TORO Z -Mowers #165131 146832 165127 146305 All of these 72" mowers are used by Schools mowing units. They are being replaced due to meeting the high usage hours and/or repair costs criteria. The replacement units also have rear discharge, which is safer for use on school grounds. I hope this information will be helpful. Please feel free to contact me should you need more information or clarification to eva luate these requests. FLF/jfb cc:. Cindy Curtis Christina Uperti Paul Harris IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E John S. Kalocay Assistant Superintendent Administrative Support Services MEMORANDUM TO: Frank Fentress, Administrator Landscape Management FROM: John S. Kalocay, Assistant Superintendent Department of Administrative Support Services SUBJECT: 61.3 Internal Service Fund Net Assets for FY 2010-11 DATE: February 16, 2011 We authorized the amount of $636,500 in the 613 Internal Service Fund for the replacement of equipment, playground replacement and surfacing removal. We support the use of the Internal Service Fund Net Assets for these projects and vire ask that you proceed to transfer the funds. Please contact me should you have any questions and/or concerns. cc: Dr. Sheila S. Magula, Deputy Superintendent Farrell E. Hanzaker, Chief Financial Officer . FSB l 8 2p,, w 'tiY7 i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Accept and Appropriate a Donation from the Lions Club to the Library Gift Fund MFFTIN[; DATE- March 8. 2011 ■ Background: The National Library Service (NLS) for the Blind has developed a new format for its talking books and playback machines. Books are recorded on flash drives encased in plastic "cartridges" that allow users with impaired vision or other disabilities to handle them easily. The new format is extremely popular with blind and low vision customers, but the supply of digital titles from NLS is gradual and the demand for books far exceeds the library's small collection. As an option, NLS has made over 20,000 digitally -recorded titles available online if the library obtains blank cartridges on which to download them. Last year's purchase of blank cartridges, purchased with gift funds, has proven the usefulness of the local download project, but the current supply of blank cartridges is not sufficient to meet demand. The Lions Clubs of Virginia Beach have joined together to raise funds for this download project. Ten clubs and a private individual have donated $3,500, collectively. The Lions Charity Foundation of District 24-D has added $2,000. The Lions Club's mission of service to blind and low -vision individuals has led to their generosity in supporting the library in serving this group of library users. ■ Considerations: The new cartridges will allow 450+ blind, low -vision individuals, or physically disabled adults and children to have access to the titles available for download from the NLS. ■ Public Information: Information will be disseminated through the regular City Council agenda notification process. Eligible users will be notified of the availability of this new format by the Friends of the Virginia Beach Public Library funded newsletter. ■ Recommendations: The Library Department recommends City Council approve the ordinance to accept and appropriate $5,500. ■ Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Department of Public Libraries A9i�f City Manager: k • 6yL 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A DONATION FROM THE LIONS CLUB TO THE LIBRARY GIFT FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation of $5,500 from the Lions Charity Foundation of District 24-D is hereby accepted and appropriated, with estimated revenue increased accordingly, to the Library Gift Fund for the purchase of cartridges. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CAI 1804 R-1 February 23, 2011 C' it 4's ice 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Donations to the Historic Houses Trust Fund in the Operating Budget of the Department of Museums MFFTING DATE: March 8. 2011 ■ Background: The City of Virginia Beach acquired the historic Adam Thoroughgood House from the City of Norfolk in September 2003. The Department of Museums has pursued a number of research projects since the acquisition to learn more about the history of the building and site. These projects have included an archaeological assessment of the 4.29 acre site, dendrochronology studies to date the wood in the Thoroughgood House and other surviving houses of similar age, and documentary research of court records related to the Thoroughgood family. Some of these studies indicate the possibility of an underground tunnel. Paul Treanor, an Adam Thoroughgood descendant and family historian, is interested in conducting archaeological excavations on the east side of the southeast corner of the building. Mr. Treanor asked the Virginia Beach Department of Museums to approve an archaeological project to investigate the area outside the Adam Thoroughgood House where the supposed tunnel was located. The Department has given its approval provided the work is conducted by a professional firm with experience doing prehistoric and historic archaeology in Virginia. ■ Considerations: The Virginia Department of Historic Resources (DHR) must approve all projects that involve building maintenance, building or site changes, and/or soil disturbance. The James River Institute for Archaeology, which oversaw the 2005 archaeological assessment at the Adam Thoroughgood House and has provided all additional archaeological services for the site since, has provided a proposal for the archaeological work near the southwest corner of the house to DHR for review and approval. The project has been approved by DHR as submitted. Mr. Treanor has solicited donations from other Thoroughgood descendants for the professional archaeological excavations outside the east side of the southeast corner of the Adam Thoroughgood House. Donations made to the City of Virginia Beach for this purpose have totaled $2,865. The additional funding needed for the project is already available in the Trust Fund. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Alternatives: These donations were made by individuals to support archaeological work at the Adam Thoroughgood House. The donated funds would have to be returned if the work was not performed. ■ Recommendations: Appropriate $2,865 in donated funds to the Historic Houses Trust Fund to conduct archaeological excavations at the Adam Thoroughgood House. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Museums M4-< City Manager: 1t . RNPOL 1 AN ORDINANCE TO APPROPRIATE DONATIONS TO THE 2 HISTORIC HOUSES TRUST FUND IN THE FY 2010-11 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 MUSEUMS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $2,865 in private donations are hereby appropriated, with local revenue 8 increased accordingly, to the Historic Houses Trust Fund in the FY 2010-11 Operating 9 Budget of the Department of Museums to conduct an archaeological excavation at the 10 Adam Thoroughgood House. of Adopted by the Council of the City of Virginia Beach, Virginia on the day 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services o ffice CA11802 R-1 February 23, 2011 K. PLANNING 1. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for Modification of Condition No. 4 (approved by City Council March 9, 2004) re church expansion at 210 South Witchduck Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 2. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC (approved by City Council on March 27, 2007) at 2448 Nimmo Parkway re a retail center (DISTRICT 7 — PRINCESS ANNE) a. Modification of Conditional Change of Zoning re former Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROVAL 3. Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of STEPHEN J. and PAULA H. LAUKAITIS/MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier with a float at 3300-3336 Whippoorwill Point (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of BEACON TOWERS and AT&T MOBILITY/GUY A. NEWMAN for a Conditional Use Permit re a monopole telecommunications tower at 749 London Bridge Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 6. Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communications tower at 1668 Kempsville Road (DISTRICT 1 — CENTERVILLE) RECOMMENDATION APPROVAL 7. Application of SOLO INDUSTRIES, LLC/COLLIN ELANE for a Conditional Use Permit re a home occupation for sale of firearms, etc. via the Internet at 2201 Speckled Rock Lane (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 8. Application of HARMONY INVESTMENTS, INC. for a Change of Zoning from 1-1 Light Industrial to Conditional A-36 Apartment at 5321 Greenwich Road (deferred by City Council January 11, 20 10) (DISTRICT 2 -KEMPSVILLE) (Newtown SGA) STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION ON 3/11/09 APPROVAL 9. Application of GEO 1, LLC/JOHN GEORGHIOU for a Change of Zoning from R-10 Residential to Conditional R-7.5 (WF) Residential with Workforce Housing at 4480-4488 Indian River Road (DISTRICT 1 — CENTERVILLE) RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, March 8, 2011, at 6:00 p.m. The following applications will be heard: KEMPSVILLE DISTRICT Harmony Investments, Inc. Application: Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment at 5321 Greenwich Road (GPIN 1467546228). Comprehensive Plan- Strategic Growth Area 3 (Newtown SGA). Virginia Beach Freewill Baptist Church Application: Modification of a Conditional Use Permit at 210 S. Witchduck Road (GPIN 1467729262). Stain Studios, LLC Application: Conditional Use Permit for a tattoo studio at 91 S. Witchduck Road (GPIN 1457737757). LYNNHAVEN DISTRICT Stephen J. and Paula H. Laukaits/Maxim V. Mirovski and Margaret Y. Baumgarten: Conditional Use Permit for a community pier at 3300 and 3336 Whippoorwill Point. BEACH DISTRICT Beacon Towers and AT & T Mobility/Guy A. Newman Application: Conditional Use Permit for a monopole telecommunications tower at 749 London Bridge Road (GPIN 1496952784). CENTERVILLE DISTRICT New Cingular Wireless PCS, LLC/Virgmia Beach School Board Application: Conditional Ll5p Permit for a communication tower at 1668 Kempsville Road (GPIN 1465134458). GEO I, L.L.C. c/o John Georghiou Application: Conditional Change of Zoning from R- 10 Residential to Conditional R-7.5 (WF) Residential at 4480 and 4488 Indian River Road (GPINs 1474254827; 1474252700; 1474256755). Comprehensive Plan - Suburban Area. PRINCESS ANNE DISTRICT 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Application: Modification of Conditional Change of Zoning at 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Application: Modification of a Conditional U_se. Permit for fuel sales with convenience store at 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). Solo Industries, LLC/Collin Elane Application: Conditional Use Permit for a home occupation at 2201 Speckled Rock Lane (GPIN 1485212957). 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 ht[ www yhgov.com/uc For information call 385 4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CIN CLERK'S OFFICE at 385-4303. Beacon: February 20 & 27, 2011 22234607 Item V -L.3. PLANNING -53 - ITEM # 52356 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council MODIFIED the condition to allow 1-39 children re Ordinance upon application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH (Conditional Use Permit Approved: 91912003) ORDINANCE UPONAPPLICATIONOF VIRGINIA BEACHFREEWILL BAPTIST CHURCH FOR A MODIFICATION OF A CONDITIONAL USE PERMITFOR A CHILD CARE CENTER APPROVED BY CITY COUNCIL (91912003). Ordinance upon Application of Virginia Beach Freewill Baptist Church for a Modification of a Conditional Use Permit for a child care center approved by City Council on September 9, 2003. Property is located at 210 South Witchduck Road (GPIN 14677292620000). DISTRICT 2 KEMPSVILLE Condition Number I of the September 9, 2003, Conditional Use Permit is deleted and replaced with the following: 1. The childcare and education center is limited to an enrollment of 139 children. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 9 1A f� s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH FREEWILL BAPTIST CHURCH, Modification of a Conditional Use Permit, 210 S. Witchduck Road (GPIN 1467729262). KEMPSVILLE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: The church was built in 1970 but there is no record of any Conditional Use Permit at that time. A Conditional Use Permit permitting a church expansion was approved by the City Council on November 10, 1998 with four conditions. This expansion was built. The following are the four conditions: 1. The proposed building must match the materials of the existing church to the greatest extent possible. 2. All new lighting for the site must be directed in toward the site and designed and installed so as to prevent glare into the adjacent residential area to the south. 3. A right turn lane is required on South Witchduck Road for vehicles turning right into this site. An option to the right turn lane is to close the entrance on Witchduck Road and install another entrance on Grayson Road. 4. The site plan and rendering submitted with this request and on file with the Planning Department shall be substantially adhered to. Another Conditional Use Permit was approved for a childcare and education center September 9, 2003. This request for the childcare and education center was approved for a Modification of the Conditional Use Permit on March 9, 2004.The conditions associated with the child care and education center are not impacted by this request for a modification. Condition 4 references a site plan and rendering of the property and is requested for modification to allow the addition of the existing structure shown on a revised site plan. The rendered elevation does not depict this area for expansion and does not need to be revised. All previously applied conditions shall remain. ■ Considerations: This proposed expansion to an established religious use is consistent with the land use principles of the Comprehensive Plan. The church is a complementary transition from the more urban uses along Witchduck Road, near the 1-264 interchange, into lower intensity office and residential uses. As this is a particularly visible site with abundant street frontage immediately adjacent to the Pembroke SGA, particular attention should be paid to its appearance. The building Virginia Beach Free Will Baptist Church Page 2 of 2 addition is to be compatible in design, materials and color to the existing building. If site improvements necessitate redesign of the stormwater management, the new system should double as an open space or landscape amenity. Additional plant materials along Grayson Road and South Witchduck should meet or exceed street frontage and foundation planting requirements. Where possible on church property, supplement and maintain the landscaping along the residentially zoned properties to the south to buffer from the parking area. Staff recommends approval of this requested modification, as conditioned 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: All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on November 10, 1998 remain in affect. 2. Condition Number 4 of the November 10, 1998 Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted "Site development Plan of Virginia Beach Free Will Baptist Church" Sheet 3 of 7 dated 03/31/99, revised 06/13/01, stamped 12/02/2010 and prepared by John E. Sirine & Associates, Ltd . Said plan have been exhibited to the Virginia Beach City council and are on file in the Planning Department. 3. Provide additional planting materials along Grayson and South Witchduck to meet street frontage and foundation planting requirements. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Age cy: Planning Department E City Manager: S i t L'MPSViI I F r',i, n-' Virginia Beach Free`vill Baptist Church g i d, A y 02 \/G , � r � s_= f 'z..w,z.pa co.eaorenArw.s. ov.� Modification of Conditions 14 February 9, 2011 Public Hearing APPLICANT / PROPERTY OWNER: VIRGINIA BEACH FREE WILL BAPTIST CHURCH STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a religious use approved by the City Council on October 14, 1998. ADDRESS/ DESCRIPTION: 210 Witchduck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14677292620000 KEMPSVILLE 2.3 acres Less than 65 dB DNL SUMMARY OF REQUEST The church was built in 1970 but there is no record of any Conditional Use Permit at that time. A Conditional Use Permit permitting a church expansion was approved by the City Council on November 10, 1998 with four conditions. This expansion was built. The following are the four conditions: 1. The proposed building must match the materials of the existing church to the greatest extent possible. 2. All new lighting for the site must be directed in toward the site and designed and installed so as to prevent glare into the adjacent residential area to the south. 3. A right turn lane is required on South Witchduck Road for vehicles turning right into this site. An option to the right turn lane is to close the entrance on Witchduck Road and install another entrance on Grayson Road. 4. The site plan and rendering submitted with this request and on file with the Planning Department shall be substantially adhered to. VIRGINIA BEACH FREE WILL BAPTIST CHURCH 'Agenda Ite 'A14 Page 1 Another Conditional Use Permit was approved for a childcare and education center September 9, 2003. This request for the childcare and education center was approved for a Modification of the Conditional Use Permit on March 9, 2004.The conditions associated with the child care and education center are not impacted by this request for a modification. Condition 4 references a site plan and rendering of the property and is requested for modification to allow the addition of the existing structure shown on a revised site plan. The rendered elevation does not depict this area for expansion and does not need to be revised. All previously applied conditions shall remain. LAND USE AND PLAN INFORMATION EXISTING LAND USE: religious facility with ancillary buildings and parking SURROUNDING LAND North: . Grayson Road USE AND ZONING: . Retail shops / B-2 Community Business District South: . Single Family dwellings / R-10 Residential District East: • Grayson Road Wachovia Bank / B-2 Community Business District West: . Witchduck Road • Single-family homes / R-10 Residential District NATURAL RESOURCE AND The majority of the site is impervious as it is developed with a structure CULTURAL FEATURES: and parking lot. There are no significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area, immediately adjacent to the Pembroke Strategic Growth Area. The Plan recognizes the primacy of preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods of our community, including non-residential areas that make up the Suburban Area. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of the site and buildings, and improved mobility. (pp. 3-1 and 3-2) Special Area Development Guidelines in the Comprehensive Plan Reference Handbook provide design guidance for suburban uses in terms of access and circulation, parking areas, landscaping, stormwater management features, and building design. (p. B-7) Non-residential uses that adjoin areas planned for residential use in the Suburban Area should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. (p. B-9) VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S Witchduck Road in the vicinity of this application is currently a four -lane divided minor urban arterial. The number of lanes will increase to six lanes once the CIP project is complete. The Master Transportation Plan proposes an eight -lane facility within a 165 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS F. A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District surrounding the Town Center. The project will be phased based on funding. There are two other roadway Capital Improvement Program projects slated for this area. Witchduck Road — Phase I (CIP2-931) is currently under construction for a six -lane divided roadway on a 170 foot right-of-way from 1-264 to Bonney Road. No significant changes to the site layout and right-of-way are proposed. Greenwich Road/Cleveland Street Crossover (CIP2-401) will realign Greenwich Road and connect it to Cleveland Street by a bridge structure over 1-264. Improvements to the Greenwich Road/Witchduck Road intersection are anticipated. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic S. Witchduck Road 46,911 ADT 14,800 ADT (Level of Existing Land Use — (2010) Service "C") 94 ADT 22,800 ADT (Level of Proposed Land Use 3— Service "D") / Capacity 106 ADT 27,400 ADT' (Level of 0 Vehicles in Morning Peak Service "E") Hours 8 Vehicles in Afternoon Peak Hours Average Daily Trips P as defined by church 3 as defined by church • PUBLIC WORKS — TRAFFIC ENGINEERING: The Modifications of Conditions under this application is subject to the VDOT Chapter 527 Regulations for a Traffic Impact Analysis since its nearest property line is located within 3,000 feet of a state highway connection. However, the trip generation volumes do not meet the minimum requirements. Therefore, a Traffic Impact Analysis is not required under these regulations. No changes to the entrance locations are requested with this application. WATER & SEWER: This site is connected to City water and City sanitary sewer. FIRE DEPARTMENT: No Fire Department comments at this time. 77 VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item, 14 Page 3 EVALUATION AND RECOMMENDATION This proposed expansion to an established religious use is consistent with the land use principles of the Comprehensive Plan. The church is a complementary transition from the more urban uses along Witchduck Road, near the 1-264 interchange, into lower intensity office and residential uses. As this is a particularly visible site with abundant street frontage immediately adjacent to the Pembroke SGA, particular attention should be paid to its appearance. The building addition is to be compatible in design, materials and color to the existing building. If site improvements necessitate redesign of the stormwater management, the new system should double as an open space or landscape amenity. Additional plant materials along Grayson Road and South Witchduck should meet or exceed street frontage and foundation planting requirements. Where possible on church property, supplement and maintain the landscaping along the residentially zoned properties to the south to buffer fromteh pakrign area. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on November 10, 1998 remain in affect. 2. Condition Number 4 of the November 10, 1998 Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted "Site development Plan of Virginia Beach Free Will Baptist Church" Sheet 3 of 7 dated 03/31/99, revised 06/13/01, stamped 12/02/2010 and prepared by John E. Sirine & Associates, Ltd . Said plan have been exhibited to the Virginia Beach City council and are on file in the Planning Department. 3. Provide additional planting materials along Grayson and South Witchduck to meet street frontage anc foundation planting requirements. 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. VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 Page 4 AERIAL OF SITE LOCATION VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 a Page 5 �201 SUR_ .rT •1 ' t i , tt�w• Iii �� O ts, 5 I !it � :'�� ' • �y,'•I ' � ,� ,`"�,t ,' �:1� ~r' �� is f it a ovoa ,I' - ' i :tlt li ariwta�no �AZ\ `, ', SIL �( —��-r7i�l `t �- � � ••'� ' �«,.� �� II�� \{,. 's t Is � u� ,��j{i�l.�}y�� ' \"ir � '�i j_ _ ♦ iff I -�Q S s.. _%..' 'T `I< --'v 1, 4 w 'i All �. it z. , r` -a. ' ii" t.i!' •� � j fit, • � t a �i�ll � <� �i ,i^ E-7 �Pt.i.t:'1 t:i` .��:x it;.;':S. •i'6 Sr Olt>;t ... I PROPOSED SITE PLAN VIRGINIA BE=ACH FREE WILL BAPTIST CHURCH Agenda Item 14 Page 6 ADDITION LOCATION PHOTOGRA014 VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 �z Page 7 y L�DUR NP'\\ # DATE REQUEST ACTION 1 09/09/2003 Modification of Conditions child care center Granted 11/10/1998 Conditional Use Permit church expansion Granted 2 11/27/2001 Street Closure Granted 3 05/14/1997 Rezoning 0-1 to Conditional B-2 Granted ZONING HISTORY VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 Page 8 O A O V w Fri V F-11- 11111001=1004 w 1-0-1 0 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) ❑ 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 d6erent 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) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Modification of conditions Application Page 10 of 11 Revised 713107 VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 Page 9 11 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) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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. U Y) Applicant's �NA,Q➢f�¢;'tJ Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Iterh 14 Page 10 VIRGIl�A BEACH FREE WILL BAPTIST CHURCH Dr. J. D. Norris, Jr., Sr. Pastor Rev. Danny O'Neal, Minister of Youth rRev. Larry Russell, Minister of Education 'A 1 Rev. Marshall Bon@y, 111, Minister ofMilitary & Day School Ministries November 29, 2010 The following is a list of the officers of the church: INCORPORATION — President: Dr. J.D. Norris, Jr Secretary: Jane Navrat Treasurer: Carol Holmes BOARD OF TRUSTEES - Chairman: Richard Shandy Robert Christopher Randy Bullard David Bundy Tom Byrd Louis Daniello BOARD OF DEACONS - Chairman: Benny Holmes Tom Thompson Earl Sessoms George Sizemore Paul Bivans 210S Witchduck Road • Virginia Beach, VA 23462 Church Phone (757) 499-3536 • Fax (757) 49940446 Day School Phone (757) 499-6034 Visit our Web Site: www.vbfwbc.org E-mail: vbfwbc@vbfwc.org VIRGINIA BEACH FREE WILL BAPTIST CHURCH Agenda Item 14 Page 11 Item #14 Virginia Beach Free Will Baptist Church Modification of a Conditional Use Permit 210 Witchduck Road District 2 Kempsville February 9, 2011 CONSENT An application of Virginia Beach Free Will Baptist Church for a Modification of a Conditional Use Permit approved by City Council on November 14, 1998 on property located at 210 Witchduck Road, District 2, Kempsville. GPIN: 1467-72-9262-0000. CONDITIONS 1. All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on November 10, 1998 remain in affect. 2. Condition Number 4 of the November 10, 1998 Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted "Site development Plan of Virginia Beach Free Will Baptist Church" Sheet 3 of 7 dated 03/31/99, revised 06/13/01, stamped 12/02/2010 and prepared by John E. Sirine & Associates, Ltd. Said plan have been exhibited to the Virginia Beach City council and are on file in the Planning Department. 3. Provide additional planting materials along Grayson and South Witchduck to meet street frontage and foundation planting requirements. 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 BERNAS AYE FELTON AYE HENLEY AY HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE Item #14 Virginia Beach Free Will Baptist Church Page 2 STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 14 for consent. Randy Lassiter appeared on behalf of the applicant. -43 - item 43 - Item V L.3. PLANNING ITEM # 56244 (Continued) Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: None Vice Mayor Louis Jones DISCLOSED and ABSTAINED and advised of a pending contractual relationship with WAWA, INC., therefore he will not participate in the discussion or vote. -42 - Item V -L.3. PLANNING ITEM # 56244 (Continued) 2. The proposed building and canopy shall be constructed substantially in accordance with the submitted elevations entitled "Proposed WaWa, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia ", dated November 4, 2006, and prepared by Lynch Martinez Architects, L.L.C. Said plan has been exhibited to the City Council and is on file with the Planning Department. 3. The applicant shall submit a photometric plan for review and approval during the detailed site plan review process. 4- As per the initial recommendations of the Traffic Impact Study, prepared in 2004, signalization of Nimmo Parkway and the entrance to the Judicial Center shall not be granted. 5. The applicant shall provide pedestrian access, in accordance with Section 246 of the City Zoning Ordinance, to the existing shopping center and adjacent out parcels. 6. The applicant shall meet all the requirements of the Certificate of Appropriateness (401-07) approved by the Historic Review Board. 7. There shall be no signs installed on the windows or doors, canopy supporting poles, or light poles. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided near the entrance of the store. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of March Two Thousand Seven Item V -L.3. PLANNING -41 - ITEM # 56244 Attorney R E. Bourdon, Pembroke office park — Building One, 281 Independence Boulevard, Phone: 499-8971, represented the application Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of ARMADAINOFFLER COMMERCE ASSOCIATES, L.P. for a Modification of Proffers to reconfigure the parcels for a Conditional Change of Zoning (approved on June 8, 2004) ;and WAWA, INC. for a Conditional Use Permit re gasoline sales with a convenience store ORDINANCE UPON APPLICATION OF ARAMDAIHOFFLER COMMERCE ASSOCIATES, L.P. FOR A MODIFICATION OF CONDITIONS FOR A CHANGE OF ZONING Z03071276 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Armada/Hoffler Commerce Associates, L.P. for a Modification of Conditions for a Change of Zoning that was approved by City Council on June 8, 2004, on property located at the southwest intersection of Nimmo Parkway and Princess Anne Road (GPIN 1494632595 —part qfl. DISTRICT 7 —PRINCESS ANNE The following condition shall be required: A ND, 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court ORDINANCE UPON APPLICATION OF WAWA, INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITHA CONVENIENCE STORE R030834212 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wawa, Inc. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on property located at the southwest intersection of Nimmo Parkway and Princess Anne Road (GPIN 1494632595 — part qfi. DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of WaWa at Courthouse Center, Princess Anne Road and Nimmo Parkway", prepared by MSA, P. C., dated May 1, 2006 Said plan has been exhibited to the City Council and is on file with the Planning Department. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Modification of Conditional Change of Zoning, 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). PRINCESS ANNE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: The applicant is requesting a modification of the proffer agreement to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The Conditional Rezoning from AG -1 and AG -2 Agricultural and B-1 Limited Business District to B-2 Community Business District was approved by the City Council on June 8, 2004, and modified on March 27, 2007. The Conditional Rezoning has seven proffers: 1. When the Property is developed, the grocery store / retail facility shall be developed and landscaped substantially as shown on the exhibits entitled (a) "COURTHOUSE MARKETPLACE", dated 6/3/03, prepared by Engineering Services, Inc., and (b) "PROPOSED DEVELOPMENT COURTHOUSE MARKET PLACE, Virginia Beach, VA.", dated June 03, 2003, prepared by HBA which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conditional Site Plans"). A detailed landscape plan for the Property which is coordinated with the Grantee's landscaping plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road must be approved by the Planning Director prior to issuance of a building permit. The landscape plan for the Property will require that at least thirty percent (30%) of the new trees to be planted will be "evergreen" trees. 2. The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to issuance of a building permit. The Planning Director shall determine that each 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Page 2 of 5 building on an out parcel is appropriately oriented along the principal drive isles in a manner that promotes a "main Street" atmosphere. 3. The architectural design and building materials of the grocery store / retail structure to be constructed on the Property shall be substantially compatible with the architectural style and materials depicted on the two (2) exhibits entitled :PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE" dated June 3, 2003, prepared by HBA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plans"). 4. When the Property is developed, no internally illuminated, building mounted signage will be permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road and one along the frontage of Nimmo Parkway. 5. The following uses shall not be permitted on the Property: automobile repair facilities, automobile service stations, bingo halls, car wash facilities, flea markets, heliports and helistops, mini -warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated "1" and "2" on the Conceptual Site Plan, no drive through uses shall be permitted. On the Outparcel designated "3", no drive through associated with a restaurant shall be permitted. 6. When the Property is developed, a public use, ingress/egress easement shall be dedicated over the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on the Conceptual Site Plan, from the eastern most drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a reasonable shared maintenance agreement with the Party of the First Part which reflects a reasonable sharing of construction and maintenance costs for the drive aisles and associated landscaping. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of all applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The property owner requested and approved for a modification of proffers on March 27, 2007 to allow development of the out parcels with a WaWa Convenience store and gasoline pumps and a drive-through associated with a restaurant. Proffer 2 referenced the conceptual site plan, which depicted the possible development layout for each outparcel. Proffer 5 limited the proposed uses on the outparcels, and limited drive- through uses to Outparcels 1 and 2, and did not permit drive-through uses in conjunction with a restaurant on Parcel 3. The proffers were modified to the following: PROFFER 1: Proffer number "2" in the 2003 Proffers is amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of WAWA AT COURTHOUSE CENTER", dated 05/01/06, prepared by MSA, P.C. (hereinafter referred to as the "Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Page 3 of 5 of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main street" atmosphere. PROFFER 2: Proffer numbered "5" in the 2003 Proffers is amended to read: The following uses shall not be permitted on the Property: automobile repair facilities, bingo halls, car wash facilities, flea markets, heliports and helistops, mini -warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated 1" and "2" on the Modified Partial Conceptual Site Plan, no drive-thru associated with a restaurant shall be permitted. On the Outparcel designated "3", a drive-thru shall be permitted, provided the drive-thru pick-up window is located on the north side of the building and the drive-thru is not used in conjunction with a Quick Service Restaurant. PROFFER 3: When any outparcel on that portion of the Property depicted on the Modified Partial Conceptual Site Plan is developed, the "Central Plaza Feature" shall be created substantially as shown on the exhibits entitled "Conceptual View of Courthouse Marketplace Plaza" and "Detail of King Neptune, Courthouse Marketplace Plaza", dated 5/31/06, prepared by HBA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Central Plaza Exhibits"). PROFFER 4: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393, save and except, Proffers 2 and 5, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. The applicant and the property owner are requesting a modification to Proffers 2 and 4 to allow a strip retail center, 7 -Eleven Convenience store and gasoline pumps. Again the proposed layout of the out parcels may change with future development. The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Page 4 of 5 ■ Considerations: The request for a modification of the proffer agreement to allow development of a 7 - Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds this request with the submitted proffers acceptable. 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 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Page 5 of 5 frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, 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: ` PRINCESS ANNE Nbp I -I 7 -Eleven, Inc. `Fv ' AGI y 4 •�•, 65-70 dB.. n / AGI •1k • rea s� F # ` AG2 AG1 AGS AGi AGI AG ae.me.11n spam--=Y.fwo�rFu.e... S..r r.,..,tzzonvenknce Store CD - Mbl.Ar+lrrtl Cukuxl DkOkl Overby 7 February 9, 2011 Public Hearing APPLICANT: 7 -ELEVEN, INC. PROPERTY OWNER: COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning approved by the City Council on June 8, 2004, and modified on March 27, 2007 ADDRESS / DESCRIPTION: 2448 Nimmo Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14946379210000; PRINCESS ANNE Parcel 1-1.72 acres Less than 65 dB DNL 14946387880000 Parcel 2-3.23 acres SUMMARY OF REQUEST The applicant is requesting a modification of the proffer agreement to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The Conditional Rezoning from AG -1 and AG -2 Agricultural and B-1 Limited Business District to B-2 Community Business District was approved by the City Council on June 8, 2004, and modified on March 27, 2007. The Conditional Rezoning has seven proffers: 1. When the Property is developed, the grocery store / retail facility shall be developed and landscaped substantially as shown on the exhibits entitled (a) "COURTHOUSE MARKETPLACE", 7 -ELEVEN, INC. Agenda Item 7 Page 1 dated 6/3/03, prepared by Engineering Services, Inc., and (b) "PROPOSED DEVELOPMENT COURTHOUSE MARKET PLACE, Virginia Beach, VA.", dated June 03, 2003, prepared by HBA which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conditional Site Plans"). A detailed landscape plan for the Property which is coordinated with the Grantee's landscaping plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road must be approved by the Planning Director prior to issuance of a building permit. The landscape plan for the Property will require that at least thirty percent (30%) of the new trees to be planted will be "evergreen" trees. 2. The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to issuance of a building permit. The Planning Director shall determine that each building on an out parcel is appropriately oriented along the principal drive isles in a manner that promotes a "main Street" atmosphere. 3. The architectural design and building materials of the grocery store / retail structure to be constructed on the Property shall be substantially compatible with the architectural style and materials depicted on the two (2) exhibits entitled :PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE" dated June 3, 2003, prepared by HBA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plans"). 4. When the Property is developed, no internally illuminated, building mounted signage will be permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road and one along the frontage of Nimmo Parkway. 5. The following uses shall not be permitted on the Property: automobile repair facilities, automobile service stations, bingo halls, car wash facilities, flea markets, heliports and helistops, mini - warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated 1" and "2" on the Conceptual Site Plan, no drive through uses shall be permitted. On the Outparcel designated "3", no drive through associated with a restaurant shall be permitted. 6. When the Property is developed, a public use, ingress/egress easement shall be dedicated over the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on the Conceptual Site Plan, from the eastern most drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a reasonable shared maintenance agreement with the Party of the First Part which reflects a reasonable sharing of construction and maintenance costs for the drive aisles and associated landscaping. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of all applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The property owner requested and approved for a modification of proffers on March 27, 2007 to allow development of the out parcels with a WaWa Convenience store and gasoline pumps and a drive-through associated with a restaurant. Proffer 2 referenced the conceptual site plan, which depicted the possible 7 -ELEVEN, JNC. Agenda Itrn 7 Page 2 development layout for each outparcel. Proffer 5 limited the proposed uses on the outparcels, and limited drive-through uses to Outparcels 1 and 2, and did not permit drive-through uses in conjunction with a restaurant on Parcel 3. The proffers were modified to the following: PROFFER 1: Proffer number "2" in the 2003 Proffers is amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of WAWA AT COURTHOUSE CENTER", dated 05/01/06, prepared by MSA, P.C. (hereinafter referred to as the "Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main street" atmosphere. PROFFER 2: Proffer numbered "5" in the 2003 Proffers is amended to read: The following uses shall not be permitted on the Property: automobile repair facilities, bingo halls, car wash facilities, flea markets, heliports and helistops, mini -warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated 1" and "2" on the Modified Partial Conceptual Site Plan, no drive-thru associated with a restaurant shall be permitted. On the Outparcel designated "3", a drive-thru shall be permitted, provided the drive-thru pick-up window is located on the north side of the building and the drive-thru is not used in conjunction with a Quick Service Restaurant. PROFFER 3: When any outparcel on that portion of the Property depicted on the Modified Partial Conceptual Site Plan is developed, the "Central Plaza Feature" shall be created substantially as shown on the exhibits entitled "Conceptual View of Courthouse Marketplace Plaza" and "Detail of King Neptune, Courthouse Marketplace Plaza", dated 5/31/06, prepared by HBA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Central Plaza Exhibits"). PROFFER 4: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393, save and except, Proffers 2 and 5, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. The applicant and the property owner are requesting a modification to Proffers 2 and 4 to allow a strip retail center, 7 -Eleven Convenience store and gasoline pumps. Again the proposed layout of the out parcels may change with future development. The western portion of the site contains the main retail center and several freestanding buildings. This part of the center is designed following the grid pattern established within the existing municipal center 7 -ELEVEN, .IANC. Agenda Item 7 Page 3 complex. The main retail center is designed with projections and recesses and varying facades and rooflines that will invoke a "main street' atmosphere. There is a wide sidewalk provided along the front of the main retail center that could include outdoor cafes, seating areas and landscaping. The walkway itself is designed with brick paver accents to define cafe areas and store entrances. The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION • Princess Anne Road • Nimmo Parkway • Courthouse Complex • Vacant property /0-2 Office There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan considers the subject parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons. It is not the intent of the Comprehensive Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals for the land uses of this area are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. These goals include major transportation projects such as the widening of Princess Anne Road and the connection of Nimmo Parkway to General Booth Boulevard. Both are major roadways and integral parts of the City transportation system. The Comprehensive Plan recognizes that, when completed, Nimmo Parkway will be the major east -west arterial roadway in this area. (p. 4-1, 4-3) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to the site is a two-lane undivided suburban major arterial. The Princess Anne Road Phase IV (CIP 2.305) project is underway to widen Princess Anne Road to a divided four -lane section with multi -use 7; -ELEVEN, Agenda ll image 4 IC. 17 paths. Completion of this VDOT-administered project is scheduled for June 5, 2014. Nimmo Parkway adjacent to the site is a four -lane divided suburban major arterial that currently terminates at Princess Anne Road. The Princess Anne Road Phase IV (CIP 2.305) project will extend Nimmo Parkway to Holland Road, and this segment of the project is anticipated to be complete by November 2011. Nimmo Parkway will be further extended to General Booth Boulevard by the Nimmo Parkway Phase V-A (CIP 2.121) project, which is scheduled to be advertised for bids in July 2011. The site is located on an outparcel of the Courthouse Marketplace shopping center. The approved Traffic Impact Study (TIS) for Courthouse Marketplace did not anticipate a gas station with convenience store outparcel; however, in 2007 the City Council approved a conditional use permit for a Wawa gas station and convenience store at this application's subject site. That approved permit was for a gas station with sixteen fueling positions; this application is for a gas station with eight fueling positions. Thus, while the current proposal represents an increase in traffic compared to the approved TIS, it will be a reduction in traffic from the previously -approved gas station permit. The subject outparcel does not have direct access to any public street. Through the Courthouse Marketplace shopping center, there are two direct access points to Nimmo Parkway. There is also an approved right -in only access point on Princess Anne Road that has not yet been connected to Princess Anne Road. The approved Courthouse Marketplace TIS stipulated that if a traffic signal were to become warranted at either access point on Nimmo Parkway, this signal would be installed at the western entrance which is the intersection of Nimmo Parkway and George Mason Drive. Additionally, the median opening at the eastern entrance (closest to the subject site) would be closed to eliminate left -turn movements. These measures are a Public Works requirement because signalization of the eastern entrance would cause major operational problems for Nimmo Parkway. A full traffic signal surety has been posted by the Harris Teeter, Sun Trust Bank, and Wendy's in Courthouse Marketplace for the signal that will be installed at the Nimmo Parkway/George Mason Drive intersection if a traffic signal becomes warranted. Traffic Engineering requested extension of this surety in March 2010. As with the Wawa before it, the 7-11 will be required at site plan submittal stage to bond for the cost of roadway improvements required to close the median crossing on Nimmo Parkway at the easternmost entrance to Courthouse Marketplace opposite the judicial Center. The bond will be called if a traffic signal is warranted and is built at the Nimmo Parkway/George Mason Drive intersection. A right -in -only access point for Courthouse Marketplace on Princess Anne Road was approved but never completed. Completion of this access point will be part of the Princess Anne Road Phase IV (CIP 2.305) project. The conceptual site layout submitted for 7-11 shows the 7-11 accessing the private access street from Princess Anne Road into Courthouse Marketplace. Be advised that this is a one-way street that will allow left - turns into the 7-11 and out of the 7-11, but right -turns from 7-11 towards Princess Anne Road will never be permitted. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Nimmo Parkway N/A ADT 34,900 ADT Existing Land Use —2,604 ADT (163 Am Peak Princess Anne 24,500 ADT' 17,100 ADT' Hour/214 PM Peak Hour) Road Future Capacity 34,900 ADT Proposed Land Use 3 — 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour 7 -ELEVEN, INC. Agenda Item 7 Page 5 Average Daily Trips 2 as defined by a WaWa Convenience Store with 16 fueling stations 3 as defined by a 7 -Eleven Convenience Store with 8 fueling stations and 3,000 square feet of retail WATER: This site must connect to City water. There is a 12 inch city water main in Nimmo Parkway. SEWER: A variance was approved in March 2006 to allow any separately platted outparcel from Courthouse Marketplace Shopping Center to connect to the shopping center's existing private gravity sanitary sewer. There is a 42 inch HRSD force main in Nimmo Parkway. A 6 inch city force main and an 8 inch private gravity sanitary sewer main are located in an access road adjacent to the site. EVALUATION AND RECOMMENDATION The request for a modification of the proffer agreement to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds this request with the submitted proffers acceptable. 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site, plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. 7 -ELEVEN, INC. Agenda Item 7 Page 6 PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. 7 -ELEVEN, INC. Agenda Item 7 Page. 7 11 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) Applicant, 7 -Eleven, Inc. 2. List all businesses that have a parent -subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) See attached sheet. ❑ 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) Courthouse Marketplace Outparcel, L.L.C., a Virginia limited liability company Daniel A. Hoffler, Louis S. Haddad and Anthony P. Nam, Managers 2. List all businesses that have a parent -subsidiary' or affiliated business entiv relationship with the applicant: (Attach list if necessary) Annada/Hoffler Properties Il, LLC is the 100% member of the LLC See attached sheet for list of members of Armada Homer Il, LLC ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? Modification of Conftons Application Page 10 of 11 Revised 713107 7 -ELEVEN, INC. Agenda Item 7 Page 12 Applicant Disclosure Businesses that have a Parent — subsidiary or Affiliated Business Entity Relationship with 7 -Eleven, Inc. Ito-Yokado Co., Ltd. Seven - Eleven Japan Co., Ltd. IYG Holding Company Jurisdiction of Incorporation ACTIVE: Bawco Corporation --_ Ohio Bev of Vermont, Inc.---------- ----- --- -- --------_------ ---- ---Vermont Brazos Comercial E Empreendimentos Ltda.---------------------- -- ------ Brazil Cityplace Center East Corporation -- ---- --- —--------------- ---- Texas Cityplace Nevada L.L.C.---------------------------- --- ---- --- Nevada Melin Enterprises, Inc. -------------- ----- - --- ---------- Colorado Phil -Seven Properties Corporation ------- --- - -- ---- ------ -- Philippines Puerto Rico - 7, Inc. ------------_______ _—_---____—_ __ ____ Puerto Rico Sao Paulo -Seven Comercial, S.A. --- --- - -------------------------- Brazil 7 -Eleven Beverage Company, Inc. -- ------------------ ---- ------ Texas 7 -Eleven of Idaho, Inc. Idaho 7 -Eleven of Massachusetts, Inc. 7-Eleven of Nevada, Inc. ------------------__—__—___ Delaware 7 -Eleven of Virginia, Inc. -------------------- -------------- --- --- — Vrginia 7 -Eleven Sales Corporation -- ---- ---- -- --- — ----- --- Texas 7 -Eleven Canada, Inc. -- — —----------- — ------ - -- -- — ----------Canada 7 -Eleven International, Inc. --------------_____—____—______—_________—_ Nevada Southland International Investment Corporation N.V.--------------- Netherlands Antilles 7 -Eleven Sales Corporation ----________—___________—______—_—_________—____— Texas TSC Lending Group, Inc. ------- ------ — ------------ ------- _-- Texas Valso, S.A.-------------____—_—_—_—__----_—_--__—_._ _— Mexico INACTIVE: Lavicio's, California MTA CAL, Inc. ---------__—_—_______—___ ____ _--_______---California The Southland Corporation-------- -- —-------------------- Texas 7 -Eleven Limited -------------------- ------- ------- United Kingdom 7 -Eleven Pty. Ltd. -------------- ---- --____--------------------Australia 7 -Eleven Stores (NZ) LimitedNew Zealand SLC Financial Services, Inc. Texas The Seven Eleven Limited ----- -------- ----------------------------------Hong Kong 7 -ELEVEN, INC. Agenda Item 7 Page 13 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) Warhnuia Rank N C - nvrant lancer Randy Hicks - Architects LeClairRyan, a Professional corporation MSA Engineering - Surveyor Pioneer Title Armada Hoffer Development Company, LLC & Armada HOtfler Construction Company 1 "Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (1) 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 Gose 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. 7 -Eleven, Inc. kr,,,�R &L,�— " A�J: Stephen R. Romine, Esq., LeClairRyan plican s Signature 1 10 Print Name Courthouse Marketplace Outparoels, LL.C. Property Owner's Signature (if different than applicant) Modification of Conditions Application Page 11 of 11 Revised 7WO07 Print Name 7 -ELEVEN, JNC. ,Agenda Item 7 Page 14 lrDI 40SURE 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. P "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. Stephen R. Romine, Esq., LeClairRyan Appl7s Z atu)� Print Name Property Owner's Signature (if different than applicant) Print Name A uri u� una�uu�u r�yP�woon Page 77 aftl Revised 7/32007 7 -ELEVEN, INC. Agenda Item 7 Page 15 Item #7 & 8 7 -Eleven, Inc. Modification of Conditional Change of Zoning 2448 Nimmo Parkway Modification of a Conditional Use Permit 2448 Nimmo Parkway District 7 Princess Anne February 9, 2011 CONSENT An application of 7 -Eleven, Inc for a Modification of Conditional Change of Zoning approved by City Council on June 8, 2004 and modified on March 27, 2007 ; and a Conditional Use Permit for an automobile service station with a convenience store on property located at 2448 Nimmo Parkway, District 7, Princess Anne. GPIN: 1494-63-7921- 0000; 1494-63-8788-0000. 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # Item #7 & 8 7 -Eleven, Inc. Page 2 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of occupancy, are required before any uses allowed by this 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. By a vote of 10-0, with the abstention so noted, the Board approved items 7 & 8 for consent. Stephen Romine appeared on behalf of the applicant. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Board approved items 7 & 8 for consent. Stephen Romine appeared on behalf of the applicant. AERIAL OF SITE LOCATION 7 -ELEVEN, INC. Agenda Item 7 Page 8 s ® a 04. jo i_n Up1 ill 1L ,0 � � o N�F _ — o_�$W W 8 ° F3 o0 � � l ``` g F � a JOE 1rJ 'L I e $ uu..IIc mri K�j �Op ci .0 W------------ — s a 0 1A l\� t{rr �gyR yp 9 IL ; � iaay� YI 1 YI Z v W v — ►p' f � 4 W 8 ° F3 o0 � � l ``` g F � a JOE 1rJ 'L I e $ uu..IIc mri K�j �Op .0 s ,� t{rr �gyR yp tu in YI 1 YI Z v W v — ►p' ° r IL PROPOSED SITE PLAN , 7 -ELEVEN, INC. '`f Agenda Item 7 f Page 9 pF �U N;. NAt ION F I��t o0 � jjj S l F � a ry 1rJ 'L I e $ uu..IIc mri K�j �Op ,� t{rr �gyR yp PROPOSED SITE PLAN , 7 -ELEVEN, INC. '`f Agenda Item 7 f Page 9 pF �U N;. NAt ION F I��t o0 � jjj S l F � a 1rJ 'L PROPOSED SITE PLAN , 7 -ELEVEN, INC. '`f Agenda Item 7 f Page 9 pF �U N;. NAt ION W E3 QQ ul as IWZ- EMseoo W 13 > w J W> Ll PROPOSED BUILDING ELEVATION 7 -ELEVEN, INC. Agenda Item 7 Page 10 PRINCESS ANNE slap 1-12 7 -Eleven, Inc. Man Not to Scele a A ' AGI J CD H HC D H LD)Ci A �' HCD DNC HC HCD HS, H Ar�i� �'- l� `x i _ 2 H .D AG H FY C HrD Hi. CD HCD H_C C 6 F1 'I HCD H AG1 H:C �y H, HCD P 'C A 2 W NSD HC H H' • i HCD "H11 H 'HC _ G HCD C HCD t .D HCJ HCD HC GHD - D AG2 HC HC He - CD D lVi HCD HC yy AG1 HLC N' _ -.D NCD H S HCD R � H 0 NC{•-_. C4. HCC NCC HCD -�D Mr"D C H ji h4 P HCD Fib "'Cu � -Cc H_ r `D ,1 ,, GL HFt HkD HCD H CD#�D HIN, 11C D HAD �s . u C �- � HCD t✓l r D�}�c ac H [� k4 �D �fi ; M'' �+c H� �� i�; rr,t H J:f- Hib H H ,[ H_0>0 a H C i Ft u �n a HrU 1* b H c r C1 FSe p p H r f �N d" �iD Hlz, �r n o u + R cc oD, D r bD'cs Hac Hsc '%L� a H t,,-1 V(i r*, 1 HCD,W+ "HrC H'i H ifs ^y� rir � w .Gly H C Hsi W 4 t F,C• Y1 D ti4"'D, .D wB'`C .yt�u!'i�i,C H�4 H[D r D H L 6.0 H D,7 ICL H_D '�ft'f, jC'G HQt _,R ?� HC CCt-a1QHt.1 H �. HC.r H ?�.r�=+i �r,�.l��HrH ,1�c H 1 '.y, H,t dirt H4 ,N%.^t+" ,r�'t� rCY D li ale HCD HCD �o �H' `ht " H t H`D �� HCD HCD k t�F� �C" cD cD +r a d Sze . cD Hz 'Zoning with ConditionsProHers, Open CUP for Fuel Sales - Convenience Store Space Promotion or PDH -2 Overlays Modification of Conditions HCD =HistoricalandCalmralDistrict Overby # ZONING DATE REQUEST ACTION 1. 3/27/07 Modification of Proffers and Conditional Use Permit (Automobile Approved Service Station) 6/8/04 Rezoning (AG -1 & AG -2 Agricultural and B-1 Business with a Approved Historic and Cultural Overlay) 2/13/78 Rezoning AGA & AG -2 Agricultural and B-1 Business Approved 2. 5/10/05 Conditional Use Permit Communications Tower Approved 3. 9/27/94 Rezoning AG -1 Agricultural to R-10 Residential Withdrawn 4. 2/12/08 Modification Approved 10/26/93 Conditional Use Permit Church Approved 5. 10/21/85 Rezoning (AG -1 Agricultural to B-2 Business, Modified to B-1 Approved Business 6. 8/9/95 Modification Approved 1/19/81 Rezoning AG -1 Agricultural to B-1 Business Approved 7. 9/22/98 Rezoning AG -2 Agricultural to Conditional B-2 Business proved Approved— ZONING HISTORY 7 -ELEVEN, INC. Agenda Item 7 Page 11 _ 5 W Z Z Q WN Z~ i V 0.e' In Reply Refer To Our File No. DF -7876 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 23, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; 7 -Eleven, Inc. and Courthouse Marketplace Outparcels, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2011. 1 have reviewed the subject proffer agreement, dated January 24, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen ✓ SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ARMADA/HOFFLER COURTHOUSE ASSOCIATES, L.P., a Virginia limited partnership f/k/a ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this day of2011, by and between ARMADA/HOFFLER COURTHOUSE ASSOCIATES, L.P., a Virginia limited partnership, f/k/a ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership, and COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company (collectively, Grantor) and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (Grantee). WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, designated as Courthouse Marketplace containing approximately 16.473 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference such property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 1, 2003 (the 2003 Proffers), as amended by First Amendment to Proffered Covenants, Restrictions and Conditions dated May 30, 2006, recorded in the Clerk's Office of the City of Prepared by: Stephen R. Romine, Esq. GPIN 1494-63-2595 (Part of) LeClairRyan GPI N 1494-63-7921 999 Waterside Drive, Ste. 2525 GPIN 1494-63-8788 Norfolk, Virginia 23510 GPIN 1494-63-8183 757.441.8921 Virginia Beach on March 30, 2007, as Instrument #20070330000425420 (the First Amendment), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning. conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quidpro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number 2 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout of each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. 2. Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted on the Revised Modified Partial Conceptual Site Plan and those outparcels depicted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an illuminated monument sign on Parcel 1. 3. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument 200407120106393 and 20070330000425420, respectively, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administrator and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition of the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [Remainder of page intentionally left blank] WITNESS the following signature and seal: Grantor: Armada/Hoffler Courthouse Associates, L.P., a Virginia limited partnership By: Armada Hoffler Commerce Associates, Inc., General er By: (SEAL) Anthony P. Nero, Vice President Courthouse Marketplace Outparcels, L.L.C., a Virginia lim' lia i ' company i By: (SEAL) Anthon P. Nero, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument �, , 2019, by Anthony P Associates, Inc., General Partner Grantor. was acknowledged before me this -,�'? day of Nero, Vice President of Armada Hoffler Commerce of Armada/Hoffler Courthouse Associates, L.P., My Commission Expires: Co1301// Notary Identification No.: h141700-7 COMMONWEALTH OF VIRGINLA CITY OF VIRGINIA BEACH, to wit: _ The foregoing instrument was acknowledged before me this a-YWday of 2014, by Anthony P. Nero, Manager of Courthouse Marketplace Outparce , L.L.C., Grantor. �m Notary Public My Commission Expires: Aohl , Notary Identification No.: �-�.�'c * �t File No: 091034679 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon and all appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A -1-B, GPIN: 1494-63-7921, AREA=85,240 SF OR 1.957 AC" and "PARCEL A -1-C, GPIN: 1494-63-8788, AREA=53,084 OR 1.219 AC" as shown on that certain plat entitled "SUBDIVISION OF PARCEL A1, GPIN: 1494-63-2595, (INSTR. NO. 20060202000188730) VIRGINIA BEACH, VIRGINIA", dated January 25, 2007, made by MSA, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070430000576800. TOGETHER WITH AND SUBJECT TO the easements, rights and obligations set forth in that certain Declaration of Easements dated December 29, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 20060203000191460, and that certain Declaration of Easements, Covenants and Restrictions dated April 27, 2006, recorded in the aforesaid Clerk's Office as Instrument No. 20060504000682110, as amended by that certain First Amendment to Declaration of Easements, Covenants and Restrictions dated as of April 3, 2007, recorded in the aforesaid Clerk's Office as Instrument No. 20070409000470710, and that certain Declaration of Easements dated April 25, 2007, recorded in the aforesaid Clerk's Office as Instrument No. 20070430000579990. IT BEING a portion of the same property conveyed to Courthouse Marketplace Outparcels, L.L.C., a Virginia limited liability company by deed from Armada/Hoffler Properties Il, L.L.C., a Virginia limited liability company, dated July 19, 2007 and recorded August 10, 2007 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20070810001090780. LESS AND EXCEPT property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded November 18, 2008 as Instrument No. 20081118001322090. Final Order recorded as Instrument No. 20090430000467430. ALTA Commitment —Exhibit 'A" Page 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Modification of a Conditional Use Permit, fuel sales with convenience store, 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). PRINCESS ANNE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: The applicant is requesting a Conditional Use Permit to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. ■ Considerations: Staff recommends approval of this requested Conditional Use Permit as conditioned below. The request is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds the request acceptable. 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 site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Page 2 of 2 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled 7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. ■ 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 �, PRI SS ANNE rl.1t, I-I� 7 -Eleven, Inc. 1V r i • 65- 70 dB •�'. *y ya AGI �. i .. .' •� ., .drto: �'. AG2 !r,• AGS 'AGI AG1 AGI q� CUP for Fu 't Sales - Sp K. Prwww.ea w PW.S Ow.YY• .Lan_ _.t..- ..� i•.....+N�...,� Convenience Store MLD -Nblwka—C— ft— 0—, 8 February 9, 2011 Public Hearing APPLICANT: 7 -ELEVEN, INC. PROPERTY OWNER: COURTHOUSE MARKETPLACE OUTPARCELS, L.L.0 STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit for an automobile service station with a convenience store ADDRESS / DESCRIPTION: 2448 Nimmo Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14946379210000; PRINCESS ANNE Parcel 1-1.72 acres Less than 65 dB DNL 14946387880000 Parcel 2-3.23 acres SUMMARY OF REQUEST The applicant is requesting a Conditional Use Permit to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The western portion of the site contains the main retail center and several freestanding buildings. This part of the center is designed following the grid pattern established within the existing municipal center complex. The main retail center is designed with projections and recesses and varying facades and rooflines that will invoke a "main street" atmosphere. There is a wide sidewalk provided along the front of the main retail center that could include outdoor cafes, seating areas and landscaping. The walkway itself is designed with brick paver accents to define cafe areas and store entrances. 7 -ELEVEN, INC. Agenda Item 8 Page 1 The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION • Princess Anne Road • Nimmo Parkway • Courthouse Complex • Vacant property /0-2 Office There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan considers the subject parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons. It is not the intent of the Comprehensive Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals for the land uses of this area are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. These goals include major transportation projects such as the widening of Princess Anne Road and the connection of Nimmo Parkway to General Booth Boulevard. Both are major roadways and integral parts of the City transportation system. The Comprehensive Plan recognizes that, when completed, Nimmo Parkway will be the major east -west arterial roadway in this area. (p. 4-1, 4-3) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to the site is a two-lane undivided suburban major arterial. The Princess Anne Road Phase IV 7 -ELEVEN, INC. Agenda Item 8 Page 2 (CIP 2.305) project is currently underway to widen Princess Anne Road to a divided four -lane section with multi -use paths. Completion of this VDOT-administered project is scheduled for June 5, 2014. Nimmo Parkway adjacent to the site is a four -lane divided suburban major arterial that currently terminates at Princess Anne Road. The Princess Anne Road Phase IV (CIP 2.305) project will extend Nimmo Parkway to Holland Road, and this segment of the project is anticipated to be complete by November 2011. Nimmo Parkway will be further extended to General Booth Boulevard by the Nimmo Parkway Phase V-A (CIP 2.121) project, which is scheduled to be advertised for bids in July 2011. The site is located on an out parcel of the Courthouse Marketplace shopping center. The approved Traffic Impact Study (TIS) for Courthouse Marketplace did not anticipate a gas station with convenience store outparcel; however, in 2007 the City Council approved a conditional use permit for a Wawa gas station and convenience store at the subject site. The approved permit was for a gas station with sixteen fueling positions; this application is for a gas station with eight fueling positions. Thus, while the current proposal represents an increase in traffic compared to the approved TIS, it will be a reduction in traffic from the previously -approved gas station permit. The subject out parcel does not have direct access to any public street. Through the Courthouse Marketplace shopping center, there are two direct access points to Nimmo Parkway. There is also an approved right -in only access point on Princess Anne Road that has not yet been connected to Princess Anne Road. The approved Courthouse Marketplace TIS stipulated that if a traffic signal were to become warranted at either access point on Nimmo Parkway, this signal would be installed at the western entrance which is the intersection of Nimmo Parkway and George Mason Drive. Additionally, the median opening at the eastern entrance (closest to the subject site) would be closed to eliminate left -turn movements. These measures are a Public Works requirement because signalization of the eastern entrance would cause major operational problems for Nimmo Parkway. A full traffic signal surety has been posted by the Harris Teeter Sun Trust Bank and Wendy's in Courthouse Marketplace for the signal that will be installed at the Nimmo Parkway/George Mason Drive intersection if a traffic signal becomes warranted Traffic Engineering requested extension of this surety in March 2010. As with the Wawa before it the 7-11 will be required at site plan submittal stage to bond for the cost of roadway improvements required to close the median crossing on Nimmo Parkway at the easternmost entrance to Courthouse Marketplace opposite the judicial Center. The bond will be called if a traffic signal is warranted and is built at the Nimmo Parkway/George Mason Drive intersection. A right -in -only access point for Courthouse Marketplace on Princess Anne Road was approved but never completed. Completion of this access point will be part of the Princess Anne Road Phase IV (CIP 2.305) project. The conceptual site layout shows the 7 -Eleven accessing the private access street from Princess Anne Road into Courthouse Marketplace. This is a one-way access that will allow left -turns into and out of the 7 -Eleven; however right -turns from the parcel towards Princess Anne Road will not be permitted. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway N/A ADT 34,900 ADT Existing Land Use — 2,604 ADT (163 Am Peak Princess Anne 24,500 ADT' 17,100 ADT' Hour/214 PM Peak Hour) Road Future Capacity 34,900 ADT Proposed Land Use 3- 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour 7 -ELEVEN, INC. Agenda Item 8 Page 3 Average Daily Trips 2 as defined by a WaWa Convenience Store with 16 fueling stations 3 as defined by a 7 -Eleven Convenience Store with 8 fueling stations and 3,000 square feet of retail WATER: This site must connect to City water. There is a 12 inch city water main in Nimmo Parkway. SEWER: A variance was approved in March 2006 to allow any separately platted outparcel from Courthouse Marketplace Shopping Center to connect to the shopping center's existing private gravity sanitary sewer. There is a 42 inch HRSD force main in Nimmo Parkway. A 6 inch city force main and an 8 inch private gravity sanitary sewer main are located in an access road adjacent to the site. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested Conditional Use Permit as conditioned below. The request is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds the request acceptable. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled 7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. 7 -ELEVEN, INC. Agenda Item 8 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. 7 -ELEVEN, INC. Agenda Item 8 Page 5 2 �J Shopping Cenler, PROPOSED SITE PLAN'S 7 -ELEVEN, INC. Agenda Item 8 Page 7 ops t ! � a oo F °�� £ gbb WNppd d aapN E2� �tci f tu tu so F 00 Q� p$ Q _ryuy 3!' iu lu 0 IL IL w daL�o PROPOSED SITE PLAN'S 7 -ELEVEN, INC. Agenda Item 8 Page 7 ops t ! � a oo Q ItQ� Q Q O E2� �tci f tu tu so F Q� p$ e l flly i6d r WWII ' 4* k � 4EE Q Jig LD PROPOSED SITE PLAN'S 7 -ELEVEN, INC. Agenda Item 8 Page 7 ops PROPOSED BUILDING ELEVATION 7 -ELEVEN, INC. Agenda Item 8 =„ Page 8 r, a M3. OUR PRINCESS ANNE AIap I-12 7 -Elco cn, Inc 6_5-(It1BLc J / AG1 �► (/ 3"H'S- ' D H HC (/ � Hi: H L, H.: H_ l' �L H-^. H�CCJ±HS H, C -1 L, C:. yEyH 42 H11 11-L H G H G i_D H ,> CD HCG _L rG H :L- HCD HCC H:.D %AD HC WE H H H �L, D H MCC \\ HCL HCC -H H:JG H� -C:' AG1� H' i D HrC �1�C* kJ H 1 +✓ I ��' H�R�CC'�t,tY •_ Vii. L'4N,CQ J ' H/L t 'L'� KG HlY, �{rC+} c H�� HCr, H-1 H � Hoa W n NCS er HSA H�4 I H I8-�9 L H' 1 l-' H n H�,'h o H`% ( -� c tlif�IUC i i �x fl o It4'o.S' .o YIB'�r_c,. a"wiC[ rfi,c _ H L C tY�L Fy`n 1 .f l7� C.H:C; 1{;Y H D 1 9CC HH, ,ti H C- N Wr H C Ji. Lry/1 f Ti N_D H,.� .s H�..{i H C �i; "Cl HSC H r t 1'C H-G.�tir.D H-6 HCD l rH,� Hc,o He - � Hcc HC H �x��t,.., o �ycL ' rncv H H_c HCC lar ' Zoning with Conditions Proffers, Open Space Promotion or PDH -2 Overlays HCD — Historical and Cultural District Overby x; t ren AGI AGI * � J L HCL+ Q AG2 �o r ��o HCD f h C Hr [' HrL D H:C iI .D II 4H[,K r CUP for Fuel Sales - convenience Prot Modification of Conditions # DATE REQUEST ACTION 1. 3/27/07 Modification of Proffers and Conditional Use Permit (Automobile Approved Service Station) 6/8/04 Rezoning (AG -1 & AG -2 Agricultural and B-1 Business with a Approved Historic and Cultural Overlay) 2/13/78 Rezoning AG -1 & AG -2 Agricultural and B-1 Business Approved 2. 5/10/05 Conditional Use Permit Communications Tower Approved 3. 9/27/94 Rezoning AG -1 Agricultural to R-10 Residential Withdrawn 4. 2/12/08 Modification Approved 10/26/93 Conditional Use Permit Church Approved 5. 10/21/85 Rezoning (AG -1 Agricultural to B-2 Business, Modified to B-1 Approved Business 6. 8/9/95 Modification Approved 1/19/81 Rezoning AG -1 Agricultural to B-1 Business Approved 7. 9/22/98 Rezoning AG -2 Agricultural to Conditional B-2 Business Approved ZONING HISTORY 7 -ELEVEN, INC. Agenda Item 8 Page 9 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) Applicant, 7 -Eleven, Inc. 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) See attached sheet ❑ 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) Courthouse Marketplace Outparcel, L.L.C., a Virginia limited liability company Daniel A. Hoffler, Louis S. Haddad and Anthony P. Nero, Managers 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Annada/Hoffler Properties II, LLC Is the 100% member of the LLC See attached sheet for list of members of Armada HotAer II, LLC ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Modiflca0on of Conditions Application Page 10 of 11 Revised 7/3107 7 -ELEVEN,. -INC. 'Agenda Item 8 Page 10 Applicant Disclosure 2. Businesses that have a Parent - subsidiary or Affiliated Business Entity Relationship with 7 -Eleven, Inc. Ito-Yokado Co., Ltd. Seven - Eleven Japan Co., Ltd. IYG Holding Company INACTIVE: Lavicio's, Inc.--------_--_--______—____- __ _--------_------California MTA CAL, Inc. -----_---___—___.—__--_ __ ______--_—_—_____California The Southland Corporation----------- -- --- ---------- --- ---- Texas 7 -Eleven Limited --- --- —---------------___—___—__ United Kingdom 7 -Eleven Pty. Ltd. -- ------ -- ---- ----- - -----------Australia 7 -Eleven Stores (NZ) Limited ---------------------- --- New Zealand SLC Financial Services, Inc. -----_—_______—________—_____--_________—___ Texas The Seven Eleven Limited ---- ---------------------------------- - --Hong Kong DISCLOSURE STATEMENT 7 -ELEVEN, INC. Agenda Item 8 Page 11 Jurisdiction of Incorporation ACTIVE: Bawco Corporation------_---------__—_---�__-- --__—_--__ _-- Ohio Bev of Vermont, Inc.- -_--_---_—__------------------- ---------- Vermont Brazos Comercial E Empreendimentos Ltda.-------------------_—___—_____ Brazil Cityplace Center East Corporation Texas Cityplace Nevada L.L.C.------------------------------------ —_---- - - - Nevada Melin Enterprises, Inc. —---------------------------- — --- Colorado Phil -Seven Properties Corporation ------ -- ----- --- ----------- Philippines Puerto Rico - 7, Inc. ------- -- -- ----- ------- ----------Puerto Rico Sao Paulo -Seven Comercial, S.A.--------------------------- ----------- Brazil 7 -Eleven Beverage Company, Inc. ------- ----------- ----__—_—__—__—_ Texas 7 -Eleven of Idaho, Inc. -- --------------------------_______—____-- Idaho 7 -Eleven of Massachusetts, Inc. ---- ---------------------------Massachusetts 7 -Eleven of Nevada, Inc. ----- -- ------------___—__ ---------- Delaware 7 -Eleven of Virginia, Inc. ----- ---------------- --- — -------------Virginia 7 -Eleven Sales Corporation —---__—_-_—__---_—___—_—_____—____ Texas 7 -Eleven Canada, Inc. -------____________—_________—___—___—_-_ Canada 7 -Eleven International, Inc. Nevada Southland International Investment Corporation N.V.--------------------- Netherlands Antilles 7 -Eleven Sales Corporation ----____—______—__________—_______—____—_-- Texas TSC Lending Group, Inc'—_—__— ------- --_—____- Texas Valso, S.A. _—___—_-------__-----------— ------ Mexico INACTIVE: Lavicio's, Inc.--------_--_--______—____- __ _--------_------California MTA CAL, Inc. -----_---___—___.—__--_ __ ______--_—_—_____California The Southland Corporation----------- -- --- ---------- --- ---- Texas 7 -Eleven Limited --- --- —---------------___—___—__ United Kingdom 7 -Eleven Pty. Ltd. -- ------ -- ---- ----- - -----------Australia 7 -Eleven Stores (NZ) Limited ---------------------- --- New Zealand SLC Financial Services, Inc. -----_—_______—________—_____--_________—___ Texas The Seven Eleven Limited ---- ---------------------------------- - --Hong Kong DISCLOSURE STATEMENT 7 -ELEVEN, INC. Agenda Item 8 Page 11 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) yyr.,phni:a R nk- NA - r jrmnt rAnAnr Randy Hicks -Architects LeCiairRyan, a Professional corporation MSA Engineering - Surveyor Pioneer Title Armada HofBef Development Company, LLC & Armada Hof ier Construction Company 1 'Parent -subsidiary relationship' means °a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) 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: 1 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. 7 -Eleven, Inc. kA�—R &-� , �:e� Stephen R. Romine, Esq., LeClairRyan plican s Signature 1 47 Print Name Courthouse Marketplace Outparoels, LL.C. Property Owner's Signature (if different than applicant) Print Name Modification of CondNiOns Application Page 11 of 11 Revised 7!312007 7 -ELEVEN, NC. Agenda Item 8 Page 12 11 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. Y "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. Stephen R. Romine, Esq., LeClairRyan Appli Ys a u Print Name � � Property Owner's Signature (if different than applicant) Print Name' I ,& n ^ ' Page 11 of ti Revised 71=07 7 -ELEVEN, INC. Agenda Item 8 Page 13 Item #7 & 8 7 -Eleven, Inc. Modification of Conditional Change of Zoning 2448 Nimmo Parkway Modification of a Conditional Use Permit 2448 Nimmo Parkway District 7 Princess Anne February 9, 2011 CONSENT An application of 7 -Eleven, Inc for a Modification of Conditional Change of Zoning approved by City Council on June 8, 2004 and modified on March 27, 2007 ; and a Conditional Use Permit for an automobile service station with a convenience store on property located at 2448 Nimmo Parkway, District 7, Princess Anne. GPIN: 1494-63-7921- 0000; 1494-63-8788-0000. 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # Item #7 & 8 7 -Eleven, Inc. Page 2 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. By a vote of 10-0, with the abstention so noted, the Board approved items 7 & 8 for consent. Stephen Romine appeared on behalf of the applicant. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Board approved items 7 & 8 for consent. Stephen Romine appeared on behalf of the applicant. I rMIL-rl,'/rL14,tIai.� 16 =somop= "W -M CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STAIN STUDIOS, LLC, Conditional Use Permit, tattoo studio, 91 S. Witchduck Road (GPIN 1467737757). KEMPSVILLE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a tattoo and body piercing studio in conjunction with an art gallery within an existing center fronting Witchduck Road. The applicant purposes to occupy 2,111 square feet of this center which was constructed in 1977. The property has a split zoning of B-2 Community Business and 1-1 Industrial. Uses along Witchduck Road are retail and office. The rear of the site consists of office and warehouse uses. The operation will consist of two receptionists, eight tattoo artists and one piercer, Appointments as well as walk-in clients are accepted. The proposed hours of operation will be by 10:00 a.m. to 10:00 p.m., seven days a week. Services are provided to adults 18years of age or older. ■ Considerations: The proposed tattoo studio will be located in approximately 2,111 SF of lease space in a retail strip center. There is ample parking on the site for patrons and employees of the retail center and tattoo studio. The site is road -locked between 1-264, Witchduck Road and the Southern Boulevard right-of-way effectively limiting access to primarily vehicular traffic. This use is acceptable in this portion of SGA 4, as it will be many years before the economic and market conditions are right for redevelopment of this site consistent with the adopted plans for this area. Before the applicant can obtain a business license to operate, the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is over 600 feet from the closest school or residential district. A graphic is provided within this report that depicts the distance from the nearest residential or apartment and nearest public school. Stain Studios, LLC Page 2of2 Therefore, staff recommends approval subject to the conditions below. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. The conditional use permit for tattoo and body piercing establishment is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. 4. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 5. The actual tattooing or piercing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 6. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. ■ 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: L 1 "' L KENIPSVILLF nmP D-7 Stain Stu 02 13 \ L R10 �\ Z-1"— CUP for Tattoo Studio REQUEST: Conditional Use Permit (tattoo studio) ADDRESS / DESCRIPTION: 91 S. Witchduck Road LLC 13 February 9, 2011 Public Hearing APPLICANT: STAIN STUDIOS, LLC PROPERTY OWNER: MERITAGE- WITCHDUCK, LLC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14677377570000 KEMPSVILLE LEASE AREA: Less than 65 dB DNL 2,111 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a tattoo and body piercing studio in conjunction with an art gallery within an existing center fronting Witchduck Road. The applicant purposes to occupy 2,111 square feet of this center which was constructed in 1977. The property has a split zoning of B-2 Community Business and 1-1 Industrial. Uses along Witchduck Road are retail and office. The rear of the site consists of office and warehouse uses. The operation will consist of two receptionists, eight tattoo artists and one piercer, Appointments as well as walk-in clients are accepted. The proposed hours of operation will be by 10:00 a.m. to 10:00 p.m., seven days a week. Services are provided to adults 18years of age or older. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. STAIN STUDIOS, LLC Agenda Item 13 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Commercially developed site SURROUNDING LAND North: . Southern Boulevard right-of-way USE AND ZONING: South: . Interstate 264 East: . Witchduck Road • Service oriented uses / 1-1 and 1-2 Industrial Districts West: . Interstate 264 NATURAL RESOURCE AND The majority of the site is impervious as it is developed with a structure CULTURAL FEATURES: and parking lot. There are no significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan Map identifies this site as being within the Western Campus District of Strategic Growth Area 4 - Pembroke Area. This district of the Pembroke Strategic Growth Area is generally bound by 1-264, Witchduck Road, Virginia Beach Boulevard and Clearfield Avenue. The vision for this district is a mid to low-rise academic village and service -based center that builds upon the existing educational and service infrastructure. This district will feed from the neighboring Central Village District's urban fabric and bohemian art district. Once established, the academic village should foster creative education related activities linked to businesses, with a School -to -Job Training and Continuing Education for the workforce. Physical improvements include a bike/pedestrian path along southern Boulevard, which will allow for connectivity to the remainder of the Pembroke SGA, the City and the region" (page 36). STRATEGIC GROWTH AREA OFFICE: While located in SGA -4 Pembroke, the use is proposed for a unit within an existing building, and, thus should be considered as an 'interim use' until such time that it is replaced by another use or the property owner desires to develop the site consistent with the recommendations of the Pembroke SGA -4 Plan. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S Witchduck Road in the vicinity of this application is considered a four -lane divided minor urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS F. A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District surrounding the Town Center. The project will be phased based on funding. There are two other roadway Capital Improvement Program projects slated for this area. Witchduck Road — STAIN STUDIOS, LLC Agenda Item 13 Page 2 Phase II (CIP2-025) will provide a six -lane divided roadway on a 131 foot right-of-way from 1-264 to Virginia Beach Boulevard. The project will also include improvements/modifications to Cleveland Street, Mac Street, and Pennsylvania Avenue. No significant changes to the site layout and right-of-way are proposed. Although it should be noted that the Witchduck Road Phase II project is slated to impact the Witchduck Exchange site and may result in a loss of parking areas and/or entrance modifications. However, funding activities beyond site acquisition are not scheduled or funded in the current Virginia Transportation Six -Year Program. Greenwich Road/Cleveland Street Crossover (CIP2-401) will realign Greenwich Road and connect it to Cleveland Street by a bridge structure over 1-264. Improvements to the Cleveland Street/Witchduck Road intersection are anticipated. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic S. Witchduck Road 46,911 ADT 14,800 ADT (Level of Existing Land Use — (2010) Service "C") 94 ADT 22,800 ADT' (Level of Proposed Land Use 3 - Service "D") / Capacity 106 ADT 27,400 ADT' (Level of 0 Vehicles in Morning Peak Service "E") Hours 8 Vehicles in Afternoon Peak Hours Average Daily Trips 2 as defined by average retail 3 as defined by tattoo studio WATER & SEWER: This site is connected to City water and City sanitary sewer. FIRE DEPARTMENT: No Fire Department comments at this time. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department (Environmental Health specialist) after approval by City Council of this request but prior to beginning operation. EVALUATION AND RECOMMENDATION The proposed tattoo studio will be located in approximately 2,111 SF of lease space in a retail strip center. There is ample parking on the site for patrons and employees of the retail center and tattoo studio. The site is road -locked between 1-264, Witchduck Road and the Southern Boulevard right-of-way effectively limiting access to primarily vehicular traffic. This use is acceptable in this portion of SGA 4, as it will be many years before the economic and market conditions are right for redevelopment of this site consistent with the adopted plans for this area. Before the applicant can obtain a business license to operate, the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, STAIN STUDIOS, LLC Agenda IteM 13 Page 3 vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is over 600 feet from the closest school or residential district. A graphic is provided within this report that depicts the distance from the nearest residential or apartment and nearest public school. Therefore, staff recommends approval subject to the conditions below. CONDITIONS 1. The conditional use permit for tattoo and body piercing establishment is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. 4. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 5. The actual tattooing or piercing operation on a customer shall not be visible from any public right-of- way adjacent to the establishment. 6. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 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. STAIN -STUDIOS, LLC Agenda Iter 9 13 Page 4 600 -FOOT RADIUS FROM TATTOO STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) r-�'tNtA•��A� STAIN STUDIOS, LLC Agenda Item 13 . Page_ 5. Of OUR AERIAL OF SITE LOCATION STAIN STUDIOS, LLC Agenda Item 13 �o Page 6 }Op OUR tiA11�N� Stain Studios 11-22-10 EXHIBIT A SITE PLAN SBWfId !$Ny 119-i Stlkag too 1}yl III M1fd9 � 11 Z,Sd 123 atkoft "61 1n y i e ms IW; WAV 19 H 21 11&93 11}!5 PROPOSED SITE PLAN STAIN STUDIOS, LLC Agenda Item 13 Page 7 i °dY. s rf'ii 3.L,A EXTERIOR BUILDING PHOTOGRAPH STAIN STUDIOS, LLC Agenda Item 13 t Page 8 � KEMPSVILLE Alae D-7 Stain Studios, LLC *Zoning with Condidons Proffers, Open CUP for Tattoo Studio Space Promotion or PDH -2 Overlays # DATE REQUEST APPLICANT 1 04/13/10 Conditional Use Permit tattooparlor) Withdrawn at CC 2 11/22/05 Conditional Use Permit tattooparlor) Denied 07/11/01 Conditional Use Permit tattooparlor) Withdrawn before PC 3 06/24/03 Street closure(portion of Denn Lane Granted 07/01/74 Street closure(portion of Denn Lane Granted 4 02/12/02 Conditional Use Permit (communications tower Granted 5 04/10/01 Modification of Conditions Granted 12/06/94 Conditional Use Permit (storage & processing of salvage, scrap or junk Granted 02/26/91 Conditional Use Permit (recycling center Granted 6 07/09/90 Conditional Use Permit car wash Granted 7 04/18/83 Conditional Use Permit bulk storage) Granted ZONING HISTORY STAIN'STUDIOS,.LLC Agenda Item 13 Page 9 DISCLOSURE STATEMENT 11 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) STAN STUDIOS ti pY44,-t CMTM', SEA -J sWC%P-1Ei Wig MTOrL-- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 5TAiFA S%Uto5 , LL -L ❑ Check here if the applicant is.NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) MERtTA6-E - WIIto buc.K , L -L. G 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N /A ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 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 Permit Appkation Page g of 10 Revised 7/312007 STAIN :STUDIOS, LLC Agenda Item 13 Page 10 z 0 a 2 PO4 E--:: 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 lined to the providers of architectural services, real estate services, financial services, accounting services, and legal services: fAMnrh list If necessary) &tri'Fl�C4kkulU4t- ''Parent-subsidiary relationship' msans'a relationship that exists when one corporation directly or indirectly owns shares possessing mors than 50 percent of the voting power of another corporation.' See Stale and Local Government Conflict of Interests Act, Va. Cods § 2.2-3101. ''Affiliated business entity relationship" means'a relationship, other than parent - subsidiary relationship. that extata when (i) one business entity has a controlling ownership Interest In the other business erdly, (ti) a controlflrhg owner In one endty is also a control ling owner in the other a fty, or (W) there Is shared management or control behveen'ttw business entitles. Fackm that should be considered In determining the existence of an affiliated business entity relationship tndudethat the same person or substan d* tiro same person own or manage the two entities; two are common or commingled funds or assets; the business entities share the use of the same offices or amployeas or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the endti as." See State and Local Government Conflict of Interests Act, Va. Code 2.2-3101. CERTIFICATION: I Derby dei the trhfometlan conteNned troretn Is true and agminate. I understand that, upon receipt of noffmtlan (postcard) cut ft application has been achadulsd for West 30days WW IID fe sd►eduled� t is hearing scoording to Iobtaining anid posting to nions inn property subjed at undersigned ileo oo►wrhts to entry upon fns property by employees of the Department of e Planning to photograph and view the sib for purposes of proomming and evalwing this appflcadm MA -1-1 "STM.— nt Name Pntrht Name CWANDFrl Un Pence Appree0m Paas 10 or 10 Parted YAWN STAIN STUDIOS, Agenda Iter LC 13 11 Item #13 Stain Studios, L.L.C. Conditional Use Permit 91 S. Witchduck Road District 2 Kempsville February 9, 2011 APPROVED An application of Stain Studios, L.L.C. for a Conditional Use Permit (tattoo studio) on property located at 91 S. Witchduck Road, District 2, Kempsville. GPIN: 1467-73-7757-0000. CONDITIONS 1. The conditional use permit for tattoo and body piercing establishment is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. 4. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 5. The actual tattooing or piercing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 6. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 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. A Motion was made and seconded to deny the application. AYE 4 NAY 7 ABS 0 ABSENT 0 BERNAS NAY FELTON AYE HENLEY NAY HODGSON NAY HORSLEY NAY Item #13 Stain Studios, L.L.C. Page 2 LIVAS AYE REDMOND NAY RIPLEY AYE RUSSO NAY STRANGE AYE THORNTON NAY By a vote of 4-7, the motion failed. A secondary motion was made and seconded to approve the application. AYE 6 NAY 5 ABS 0 ABSENT 0 BERNAS AYE FELTON NAY HENLEY NAY HODGSON AYE HORSLEY AYE LIVAS NAY REDMOND AYE RIPLEY NAY RUSSO AYE STRANGE NAY THORNTON AYE By a vote of 6-5, the Board approved item 13. Sean Sweeney, the applicant appeared before the Board. William Bischoff appeared in opposition. C3 o Z L�l 11 6-23 C �; N o N®R 0 40 C3 o Z L�l 11 6-23 C �; N o N®R r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHEN J. & PAULA H. LAUKAITIS/MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN, Conditional Use Permit, community pier, 3300 & 3336 Whippoorwill Point. LYNNHAVEN DISTRICT. MEETING DATE: March 8, 2011 ■ Background: The applicants request a Conditional Use Permit for a community boat dock with a pier approximately 160 feet long with a 10 feet wide by 25 feet long float at the end of the pier to be shared by 2 adjacent property owners. On August 10, 2010, the City Council deferred this item at the request of the applicants in order for them to work out an acceptable alignment of the pier with their adjacent neighbors. Since that time the applicants have revised their site plan to show a proposed fixed pier 5 feet wide and approximately 75 feet long to a T -Head 10 feet wide by 32 feet long. In addition, a 10 feet wide by 30 feet long float with 2 boat lifts and 2 drive -on Jet Ski floats is attached to the T -Head. This revised site plan is provided. ■ Considerations: Staff concludes that rather than one pier for each of the two lots, one, shared pier is preferred for both visual and navigation purposes. The proposed pier will be used exclusively by the applicants (two property owners) and will be limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. The applicants are currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. 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: Stephen J. & Paula H. Laukaitis/Maxim V. Mirovski & Margaret Y. Baumgarten Page 2 of 2 1. The boat dock shall be constructed as shown on the plan entitled "Conditional Use Permit For A Community Pier," prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. The reduction of the proposed pier has produced a new site plan with a revised date. This revision does change Condition 1 as follows: The boat dock shall be constructed as shown on the plan entitled "Conditional Use P8FFAit FOFA Site Plan Community Pier," prepared by Waterfront Consulting Inc., dated A. FOI 20, 2019, January 15, 2011 or as may be modified as required by the Joint Permit Application Permit. ■ Attachments: Revised Plan entitled: "Conditional Use Site Plan Community Pier" dated January 15, 2011 Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval approval. Submitting Department/Agency: Planning Department City Manager. S 1e, , Vq Planning Commission recommended eqp- 0. 0 -- J I Ex wER ' I DIX CREEK wER I N/1' BERRY UVW TRUST u ,488-78-4431 —FIDW _-M N 2530 E / EX. PIER so J. WOODARD LOT 'C' j / \ N/Y JAMES L WAITERS 1488•-78-7280 / IF PROPOSED COMMUNITY PIER �� A CONSISTING OF A S' x 75' FIXED PER N/� JONN WOODWARD TOA IV x 32' T -HEAD TOA 4' x 1 V RAMP ,488_78-8 DW TO A IV x 3V FLOAT WITH 2 BOAT LIFTS AND 2 DRIVE ON JET SKI FLOATS .k� h N 2128'35' E 2 f 0811' R-50 00' AM46.28' R-50.00' A-36.14' SITE B LAUKAITIS #3336 O 4 3 N 35?4' J 87, r n O O ICL SITE 3.3a 3 AROVSKI 33#00 LYNNWOOD DRIVE (W) I % ,1lv �• / y o /. s --1DETAIL VIEW SCALE 1" s ;0' CONDITIONAL USE SITE PLAN COMMUNITY PIER FOR STEPHEN J. and PAULA H. LAUKAITIS SITE B, RESUBDIVISION OF SITES 3-1a & 3-2a, SUBDIVISION OF SITE 3a AS SHOWN ON PLAT ENTITLED D.W. GREGORY AND OTHERS (D.B. 2748, PG. 221) AND MAXIM MIROVSKI and MARGARET BAUMGARTEN SITE 3-3a, SUBDIVISION OF SITE 3a AS SHOWN ON PLAT ENTITLED D.W. GREGORY AND OTHERS (M.B. 91, PG. 55) LYNNHAVEN DISTRICT DATE: JANUARY 15, 2011 SCALE o w 180' 1'-w Stephen J. & Paula H. Laukaitis Map C,4 Maxim V. Mu•ocski & Mar aret Y. Baum arten \ R40 R40 R40 R40 R40 R40 �k l.Vr �urtunui��iy oma. w �� REQUEST: Conditional Use Permit (community boat dock) July 14, 2010 Public Hearin APPLICANTS & PROPER OWNERS: MAXIM V M I ROVS KI MARGARET Y. BAUMGARTEN / STEPHEN J. $ PAUL H. LAUKAITIS STAFF PLANNER: Carolyn A.K. Smith ADDRESS 1 DESCRIPTION: 3336 Whippoorwill Point; 3300 Whippoorwill Point GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14888709210000 LYNNHAVEN 46,338 square feet Less than 65 dB DNL 14888737460000 46,290 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a community boat dock to be shared by 2 adjacent property owners. Specifically, the applicants wish to share a pier approximately 160 feet long with a 10 by 25 foot float at the end of the pier. Access to the pier would be via Site B (3336 Whippoorwill Point) and then extending out to the water on Site 3-3a (3300 Whippoorwill Point). To meet the Zoning Ordinance setback requirements, the pier will be four feet wide at the point of its beginning and will then transition to five feet wide at mean low water. This proposal is also under review through the Joint Permit Application (JPA) process. BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: One single-family dwelling on each lot. SURROUNDING LAND North: . Single-family dwellings / R-40 Residential District USE AND ZONING: South: . Lynnwood Drive Single-family dwellings / R-40 Residential District East: . Single-family dwellings / R-40 Residential District West: • Whippoorwill Point • Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND The properties are within the Chesapeake Bay watershed and CULTURAL FEATURES: specifically within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. There do not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan's principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforce 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 promoting compatibility with surroundings, quality & attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development (page 3-2). CITY SERVICES This request for a shared pier will have no significant impact to City services. EVALUATION AND RECOMMENDATION Staff concludes that rather than one pier for each of the two lots, one, shared pier is preferred for both visual and navigation purposes. The proposed pier will be used exclusively by the applicants (two property owners) and will be limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. The pier will not have a sewer pump -out facility nor will petroleum products be dispensed or stored on the site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The boat dock shall be constructed as shown on the plan entitled "Conditional Use Permit For A BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 2 Community Pier," prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. 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. BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 3 pr AERIAL OF SITE LOCATION BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 4 R�50.00' Y W Rs50.00' SITE B y a OPR1:,AuaTan, 2pIFD: RaO 3336 h DIX CREEK F. S., N/F YUM —T MiRI15T 2 6Y0 O /it / EK PRR I" �I.(J P ' Ix / J NODDARO T,,,� t-11 l `0'arE'FLOAT WIIM 10' RAMP J / 2 O -i a _ b � ti FOR A 0 COMMUNITY PIER FOR a STEPHEN J. and PAULA H. LAUKAITIS _a SITE B, RESUBDIVISION OF SITES 3-1a 83-28, I z - PROPOSED 1 Bali Bro:OrP,m ,P COMMUNITY PIER jT TO eE 4'vnDE1�r �' M 1 AND FLOAT / sAUNLE ro RE 6' MAXIM V. MIROVSKI and MARGARET Y. BAUMGARTEN j \ IP IP 9EA N/f JJHN M)ODRARD 1488-70-BOPO LOT zOMED Rao ENTITLED D.W. GREGORY AND OTHERS (M.S. 81, Pc. 55) L N/f JAMES RAiRRS ,ABG -7o -neo R�50.00' Y W Rs50.00' SITE B y a OPR1:,AuaTan, 2pIFD: RaO 3336 h F. 2 O /it Ix J A, -i a CONDITIONAL USE SITE PIAN FOR A 0 COMMUNITY PIER FOR a STEPHEN J. and PAULA H. LAUKAITIS _a SITE B, RESUBDIVISION OF SITES 3-1a 83-28, I SUBDIVISION OF SITE 3a AS SHOWN ON PLAT ENTITLED 3. D.W. GREGORY AND OTHERS (D.B. 2748. PG. m) SITE AND 3-3a MAXIM V. MIROVSKI and MARGARET Y. BAUMGARTEN °P'N' 14o -1. SITE 3-3a, SUBDIVISION OF SITE 3a AS SHOWN ON PLAT zOMED Rao ENTITLED D.W. GREGORY AND OTHERS (M.S. 81, Pc. 55) 3300 LYNNHAVEN DISTRICT DATE: APRIL 20, 2010 LYNNWOOD DRIVE (30') SCALE A.MaRAAE.DA,� PROPOSED SITE PLAN BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 5 w w fl. PROPOSED PIER LAYOUT BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 6 Map G-4 Wep Not to S( Dj Stephen J. & Paula H. Laukaltis Maxin, V Mirovski & Margaret Y. Baum artev 0 -, ��-.�> \ Qin `• y^ �' r-._-� �-_ CUP Community Boat Dock I 1 1 03/22/05 CUP (residential kennel) Granted 1 2 1 02/04/98 Subdivision Variance Granted ZONING HISTORY BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 7 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) MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN / STEPHEN J. & PAUL H. LAUKAITIS 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) El 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 ental relationship with the applicant: (Attach list if necessary) KI Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? conditional Use Permit Application Paye 9 of 10 Revised 7/38007 DISCLOSURE STATEMENT BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 8 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) Waterfront Consulting, Inc. Punch Marine ' "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 (1) 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) then: 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 oDn9so to entry upon the subject property by employees of the Department of Planning to potog and view the site for purpos of ocessing and evaluating this application. A� `>7+/v 1, � Maxim V. Mirovski &Margaret Y. /IWO-101DBaumgarten Applicant's Signature / / I Print Name Property Owner's Signature (if different than applicant) Print Name Condftional Use Permit AppliraWn Page 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 9 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) Waterfront Consulting, Inc. Punch Marine ' "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 (, one business entity has a controlling ownership interest in the other business entity, (iQ 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. '46.c. / 2,-" Z. i o - Stephen J. & Paula H. Laukaitis Applicants Signature Print Name Property Owners Signature (if different than applicant) Print Name Conddional Use Permit AppUesttion Page 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT BAUMGARTEN AND LAUKAITIS Agenda Item 2 Page 10 Item #2 Stephen J. & Paula H. Laukaitis Conditional Use Permit 3300 & 3336 Whippoorwill Point District 5 Lynnhaven July 14, 2010 CONSENT GPIN: 1488873746; 1488870921 An application of Stephen J. & Paula H. Laukaitis for a Conditional Use Permit for a community pier on property located at 3300 & 3336 Whippoorwill Point. CONDITIONS 1. The boat dock shall be constructed as shown on the plan entitled "Conditional Use Permit for a community pier," prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. 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 ABSENT 0 By a vote of 11-0, the Board has approved the application of Stephen J. & Paula H. Laukaitis. I g■ N N a 00 µU � O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACON TOWERS AND AT&T MOBILITY/GUY A. NEWMAN, Conditional Use Permit, monopole telecommunications tower, 749 London Bridge Road (GPIN 1496952784). BEACH DISTRICT. MEETING DATE: March 8, 2011 ■ Background: This is a request to construct and operate a 130 -foot monopole communications tower. The applicant has stated that there is a need to locate a tower at this location to fill a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. This tower will be able to accommodate the applicant and three additional users. The submitted plans show an eight foot chain link fence with one foot of barbed wire, located along the top of the fence, for a total fence height of nine feet encompassing this site. However, the Zoning Ordinance only permits a maximum fence height of eight feet. The plans must be revised to show an eight foot fence without the barber wire before submitting for site plan review. . The Navy does have a restrictive easement on this site. The Navy has provided a letter indicating that the tower is acceptable within the easement. NAS Oceana staff has determined that the tower's height is acceptable. ■ Considerations: The applicant is requesting to locate a communications tower on an industrial zoned site. This request fills a gap for the applicant's mobile wireless telephone coverage in this area. The applicant searched the area and could not find an existing tower or structure to locate on that met their technical needs. By locating the tower in a commerce park for industrial uses and providing a structure that can accommodate four users; the applicant has found a solution to improve the cellular service availability in this area with minimal impact. This request is consistent with the Comprehensive Plan. Therefore, Staff recommends approval of this request subject to the following conditions. There was no opposition to the request. Beacon Towers and AT&T Mobility Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The lease area shall be developed substantially in accordance with the submitted plan entitled "Beacon Towers, London Bridge Road, Site Number VA -1025, 749 London Bridge Road, Virginia Beach, VA 23454," dated 10/15/10, and prepared by Infinigy Engineering & Surveying. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The set of plans shall be revised to show a maximum eight foot high fence with no barbed wire encompassing the lease area before submittal for site plan review. 3. Documentation from the Navy stating that the communications tower is permitted within the Navy's easement must be included with the site plan submittal. 4. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 5. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc y: Planning Department City Manager: . �at-4,t RF AC 11 CUP for Convnvnlcattons Towe REQUEST: Conditional Use Permit (Communications Tower) ADDRESS / DESCRIPTION: 749 London Bridge Rd. K February 9, 2011 Public Hearing APPLICANT: BEACON TOWERS AND AT&T MOBILITY PROPERTY OWNER: GUY A. NEWMAN STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1496-95-2784-0000 BEACH 11.5+/- Acres Greater than 75 dB DNL, APZ 2 SUMMARY OF REQUEST This is a request to construct and operate a communications tower. The applicant has stated that there is a need to locate a tower at this location to fill a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. The applicant initially searched for an existing tower or structure to locate on that met technical needs but none were available. It is the intent of the applicant to construct a 130 -foot monopole communications tower on this site. The tower and all ground equipment will be located within a 100 foot by 100 -foot (10,000 square feet) lease area located 480.82 feet from the London Bridge Road right-of-way. This tower will be able to accommodate the applicant and three additional users. All coax cables and wiring will be internal. The submitted plans show an eight foot chain link fence with one foot of barbed wire, located along the top of the fence, for a total fence height of nine feet encompassing this site. However, the Zoning Ordinance only permits a maximum fence height of eight feet. The plans must be revised to show an eight foot fence without the barber wire before they are submitted for site plan review. All landscaping requirements have been met. BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 1 Beacon Towers and AT&T Mobiliti �- , t'+ �', ' t >75 dB Ldn 12 { Oceans Naval `1 t, Air Station Ikq Z2 12'APZ2 ,; , ;2. >7B Lcla2' 12 `- 12 _APZ APZ 2 �: CUP for Convnvnlcattons Towe REQUEST: Conditional Use Permit (Communications Tower) ADDRESS / DESCRIPTION: 749 London Bridge Rd. K February 9, 2011 Public Hearing APPLICANT: BEACON TOWERS AND AT&T MOBILITY PROPERTY OWNER: GUY A. NEWMAN STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1496-95-2784-0000 BEACH 11.5+/- Acres Greater than 75 dB DNL, APZ 2 SUMMARY OF REQUEST This is a request to construct and operate a communications tower. The applicant has stated that there is a need to locate a tower at this location to fill a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. The applicant initially searched for an existing tower or structure to locate on that met technical needs but none were available. It is the intent of the applicant to construct a 130 -foot monopole communications tower on this site. The tower and all ground equipment will be located within a 100 foot by 100 -foot (10,000 square feet) lease area located 480.82 feet from the London Bridge Road right-of-way. This tower will be able to accommodate the applicant and three additional users. All coax cables and wiring will be internal. The submitted plans show an eight foot chain link fence with one foot of barbed wire, located along the top of the fence, for a total fence height of nine feet encompassing this site. However, the Zoning Ordinance only permits a maximum fence height of eight feet. The plans must be revised to show an eight foot fence without the barber wire before they are submitted for site plan review. All landscaping requirements have been met. BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 1 Staff did request that the tower be located further back to the rear of the site. However, the applicant's engineers indicated that the proposed location was on the very edge of the coverage area and that the tower would not be functional if it was moved further back on the site. This is due to the large area that NAS Oceana covers. The Navy does have a restrictive easement on this site. The request to locate a communications tower within the easement is currently under review by Navy staff. The Navy's staff has indicated that the tower does appear acceptable within the easement. NAS Oceana staff has determined that the tower's height is acceptable. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Warehouse/1-2 Heavy Industrial District SURROUNDING LAND North: . Non -conforming single family homes, undeveloped property/ USE AND ZONING: 1-1 light Industrial and 1-2 Heavy Industrial Districts South: . Warehouse/1-2 Heavy Industrial District East: . London Bridge Road, NAS Oceana/1-2 Heavy Industrial District West: . Warehouse/1-2 Heavy Industrial District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being within the Suburban Area/Special Economic Growth Area 2. This area is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan also seeks to ensure that the City's information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality. EVALUATION AND RECOMMENDATION The applicant is requesting to locate a communications tower on an industrial zoned site. This request fills a gap for the applicant's mobile wireless telephone coverage in this area. The applicant searched the area and could not find an existing tower or structure to locate on that met their technical needs. By locating the tower in a commerce park for industrial uses and providing a structure that can accommodate four users; the applicant has found a solution to improve the cellular service availability in this area with minimal impact. This request is consistent with the Comprehensive Plan. Therefore, Staff recommends approval of this request subject to the following conditions. BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 2 CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "Beacon Towers, London Bridge Road, Site Number VA -1025, 749 London Bridge Road, Virginia Beach, VA 23454," dated 10/15/10, and prepared by Infinigy Engineering & Surveying. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The set of plans shall be revised to show a maximum eight foot high fence with no barbed wire encompassing the lease area before submittal for site plan review. 3. Documentation from the Navy stating that the communications tower is permitted within the Navy's easement must be included with the site plan submittal. 4. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 5. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. 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. BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 3 or Excalibur Ct. 4 o. _ d0 vow Oceana Naval Air Station C� UA NVND ---- BASEMAPFW WORUA "N OBTAINED FROM SMEY PREPARED BY GALLUP P ROVEM AN ENGINEERS, MO Kean LID. GATEDSEPT.SrP73. M10. 9w bWO AMM mm -1 6w is UA W IMObIIC LM NVND - - - - - - - - - - :LIt � -- LCWDM MUGE ROioi:� I•uKwllRp/Il OVERALL 9TE PLAN W IMObIIC LM 511110>m Isa ILL 1115114 116 K CAIaR1IS MI imam pel,lf�l 10 K 1D154 J[I SITE PLAN AND ELEVATION BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 5 NVND 511110>m Isa ILL 1115114 116 K CAIaR1IS MI imam pel,lf�l 10 K 1D154 J[I SITE PLAN AND ELEVATION BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 5 CURRENT COVERAGE MAP BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 6 COVERAGE WITH TOWER MAP BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 7 BEACH Map 1-8 Ma No; .a Scale Beacon Towers and AT&T Mobility 75 dll�4,n 12 Nalim OceJMr Stnna atl6n 2 12 APZ2 c7Q 12 12 PZ I APZ 2 CUP for Communications Tower There is no zoning history to report. ZONING HISTORY BEACON TOWERS AND AT&T MOBILITY Agenda Itern 2 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ff necessary) Beacon Towers, Walter Deputy 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Vitasse Wireless Services, LLC ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ff 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) Guy A. Newman 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or 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 Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 9 Z O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101 CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public Hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application .n . �� r �6 Applicapti Signature Print Name CE u v —��f��t+t i0^r1 1� s W Al N Propert ner's Signature (if different than applicant) PriQ44ame CondilJ"l Use Perth Appicauon Page 10 of 10 Rev"d 7rJM7 DISCLOSURE STATEMENT BEACON TOWERS AND AT&T MOBILITY Agenda Item 2 Page 10 Item #2 Beacon Towers and AT&T Mobility Conditional Use Permit Monopole telecommunications tower 749 London Bridge Road District 6 Beach February 9, 2011 CONSENT An application of Beacon Towers and AT&T Mobility for a Conditional Use Permit (communications tower) on property located at 749 London Bridge Road, District 6, Beach. GPIN: 1496-95-2784-0000. CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "Beacon Towers, London Bridge Road, Site Number VA -1025, 749 London Bridge Road, Virginia Beach, VA 23454," dated 10/15/10, and prepared by Infinigy Engineering & Surveying. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The set of plans shall be revised to show a maximum eight foot high fence with no barbed wire encompassing the lease area before submittal for site plan review. 3. Documentation from the Navy stating that the communications tower is permitted within the Navy's easement must be included with the site plan submittal. 4. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 5. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. 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 BERNAS AYE FELTON AYE HENLEY AYE Item #2 Beacon Towers and AT&T Mobility Page 2 HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORTON AYE By a vote of 11-0, the Board approved item 2 for consent. Jonathan Yates appeared on behalf of the applicant. VIM N AF VMMAZZ.1 MAR 40 ;w V -t ON A P., ToTill, 4,4,6� A - rfoiv All CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD, Conditional Use Permit, communication tower, 1668 Kempsville Road (GPIN 1465134458).CENTERVILLE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: On December 21, 2010 the School Board approved a lease agreement between the Board and the applicant for the development of a communications tower within the Tallwood High School property. The applicant is now requesting the required Conditional Use Permit. It is the intent of the applicant to replace an existing stadium light pole with a 150 - foot communications tower with a four -foot lightning rod for a total height of 154 -feet. The tower will be able to accommodate one additional user. The existing stadium lights will be relocated to the proposed tower. The equipment building will be located under the stadium bleachers, adjacent to the tower and designed to look like the other buildings within the stadium area. The required Structural and RF Emissions Reports for the proposed tower has been submitted and are acceptable. ■ Considerations: This request fills in a gap for the applicant's mobile wireless telephone coverage in this area. The applicant searched the area and could not find a tall structure that was not currently being utilized to locate on. The applicant worked with the School Board staff resulting in the replacement of a stadium light pole with the proposed communications tower. The equipment building and tower will be able to accommodate one additional user. The placement of the ground equipment under the bleachers on this already well -buffered school site meets the intent of the screening requirements and negates the need for any actual landscaping. In summary, by placing a communications facility within this developed school site and providing a structure that can accommodate an additional user, the applicant has found a solution to improve the cellular service in this area with little or no impact on surrounding neighborhoods. New Cingular Wireless PCS, LLC Page 2of2 The applicant has met with and/or provided information to the various community organizations and has sent individual notices to adjoining property owners regarding this request. Therefore, Staff recommends approval of this request subject to the following conditions. There was opposition to this request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: The lease area shall be developed substantially in accordance with the submitted plan entitled "Tallwood High School, Site ID NF233-A, 1668 Kempsville Road Road, Virginia Beach, VA 23464," dated 06/15/10, and prepared by Morrison Hershfield. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. ■ 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 k' vENTERVILLE _J=FMJ7MrM ' amm Itoq `*7/ tea" P 'I-A'W -. A CUA- Communkanons Tower REQUEST: Conditional Use Permit (Communications Tower) ADDRESS / DESCRIPTION: 1668 Kempsville Road 3 February 9, 2011 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, LLC PROPERTY OWNER: VIRGINIA BEACH SCHOOL BOARD STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1465-13-4458-0000 Centerville 47.0367 Acres Less than 65 dB DNL SUMMARY OF REQUEST On December 21, 2010 the School Board approved a lease agreement between the Board and the applicant for the development of a communications tower within the Tallwood High School property. The applicant is now requesting the required Conditional Use Permit. This applicant has stated that there is a need to locate a tower within the vicinity to fill a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. It is the intent of the applicant to replace an existing stadium light pole with a 150 -foot communications tower with a four -foot lightning rod for a total height of 154 -feet. This structure will be constructed of galvanized steel and match the appearance of the existing light poles. The tower will be able to accommodate one additional user. The existing stadium lights will be relocated to the proposed tower. All cables will be located inside of the structure. The equipment building will be located under the stadium bleachers, adjacent to the tower. The equipment building has been designed to accommodate the applicant's and an additional user's base station equipment. It has also been designed to look like the other buildings within the stadium area. Due to the limited space available and the fact that the ground equipment will be completely screened from the general public's view, no landscaping is proposed. The required Structural and RF Emissions Reports for the proposed tower has been submitted and are acceptable. NEW CINGULAR WIRELESS PCS, LLC Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Tallwood High School (school building, parking lots and athletic fields) SURROUNDING LAND North: . Single family homes / R-7.5 Residential District USE AND ZONING: South: . Single family homes / R-7.5 Residential District East: . Single family homes / R-7.5 Residential District West: . Kempsville Road • Single family homes / R-7.5 Residential District 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 either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area. EVALUATION AND RECOMMENDATION This request fills in a gap for the applicant's mobile wireless telephone coverage in this area. The applicant searched the area and could not find a tall structure that was not currently being utilized to locate on. The applicant worked with the School Board staff resulting in the replacement of a stadium light pole with the proposed communications tower. The equipment building and tower will be able to accommodate one additional user. The placement of the ground equipment under the bleachers on this already well - buffered school site meets the intent of the screening requirements and negates the need for any actual landscaping. In summary, by placing a communications facility within this developed school site and providing a structure that can accommodate an additional user, the applicant has found a solution to improve the cellular service in this area with little or no impact on surrounding neighborhoods. The applicant has met with and/or provided information to the various community organizations and has sent individual notices to adjoining property owners regarding this request. Therefore, Staff recommends approval of this request subject to the following conditions. NEW CINGULAR WIRELESS PCS,ILC Agenda Item 3 Page, 2 CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "Tallwood High School, Site ID NF233-A, 1668 Kempsville Road Road, Virginia Beach, VA 23464," dated 06/15/10, and prepared by Morrison Hershfield. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 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 CINGULAR WIRELESS PCS, �LC Agenda Item 3 Page 3 �IqL •,'� T � NV �H - -'yam ZIA ,..�,._� .� "' ` f!` R �' - , 4 3 •�.'. vim: � `�• '" _ . 3 �x OVERALL SITEPLAN NEW CINGULAR WIRELESS PCS,, LLC Agenda Item 3 Page 5 ENLARGED SITE PLAN NEW CINGULAR WIRELESS PCS,,,LLC Agenda lt,6m 3 Page 6 / Ull �10N DETAIL (SCHEMATIC) � ��Ud��UU� ~~=~~° " "~~"~ CUT ELEVATION' 'r -- NEW CINGULAR WIRELESS PCS,,LLC TOWER ELEVATION NEW CINGULAR WIRELESS PCS, LLC Agenda Item 3 Page 8 t54'-0` YOP OK LGMNDIG Rob -- PROPOSED 4'-0' UGHTNING ROD ABOVE flsRAGE 150'-D` TOP OF MONOPOLE ABOVE GRADE AL 747'-0' C.L. OF AT&T ANTENNAS PROPOSED AW ANTENNAS ABODE GRADE Y SEE DETAL C/A -4 PER SF_CTOR, 9S' -a" TDP of LM;HT POLE (2 ANTENNAS TOTAL Of 3 SECTORS) ABOVE GRADE i 92'-0. C.L OF FIELD LIGHTS i PROPOSED ATkT TA ABOVE GRADE MOUNTED BERM ANTE"WS (M. OF 7 PER ANTENNA) Aq'-b` CA. OF FIELD LIGHTScy"(>',` 1'"d:? ABOVE GRADE Q •J?.1-0 86'-G" C.L OF FIELD LIGHTS ABOVE GRADE IL I ; EXNSTMc FIELD LIGHTS TO BE CKISMO FIELD LIONT5 i REMOUNTEO ON to or REE101R1TEb ON I WN MONOP= NEW MONOPOLE AT SANE 11EIGFti I I I I ExISTMO 85'-0" H. 1 I LIGHTTO POLE I REMOVED PROPOSED 15OW I STEEL M10MTONOPOLE TOWER. I ENOWEREO BY OTHERS (SUBMIT SHOP DRAWRICS) I I i PROPOSED AT&T i !!1 15'—O"IN21'-01 PROPOSED AT&T i EOUNPLIENT SHELTER UNDERGROUND CADLE RDtITE ( UNDERGROUND ENIIELOCK (6) C SCK0. ILD PC PIPE USED SEE DETAIL B/A-7, i BOX i PROPOSED CALMS ROUTE ( TNRU MONOPOLE CAISSON PROPOSED ENTRY PORI µD OF INSIDE SKELTER ON MEL MONOPOLE) MONOPOLE (MEL NOPOLE) FLOOR I REFER TO MONOPOLE S" UMW900S AND COORDINXTE I LOCATM OF PROPOSED PLAL BOX ACCORDINGLY. i PROPOSED UNDERGROUND APPRDVEO coNc PULL _ Box rA--j TOWER PROFILE A�-;�NDT TO SCALE TOWER ELEVATION NEW CINGULAR WIRELESS PCS, LLC Agenda Item 3 Page 8 h.. s ! AO _ 4 ` � �- ..- .., .......__. .._ 3 � � as "S7 d2:_•.. �� a �"•;'^ Mil ! z-- ,,,,..,.•+��'-- ter! A 01 / 0112010 AM 01.17 u77 "� 19 f COVERAGE WITH TOWER MAP NEW CINGULAR WIRELESS PCS, LLC Agenda Item 3 t Page 11 r ��F�'r, _ ..�` FDISCLOSURE 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) New Cingular Wireless PCS, LLC (t/a AT&T) - Please see attached list. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AT&T Mobility ❑ 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) City of Virginia Beach 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS,tLC Agenda Item 3 Page 13 O �If A 0 c� 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) SAI Communications, Inc.; Waterford Consultants; LeClairRyan; Morrison Hershfield ' "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 properly by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. David Tuck Applica Sr nat Print Name - Anthony L. Arnold Prope w er' Signature (if different than applicant) Print Name conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT i NEW CINGULAR WIRELESS PCS,.1_LC Agenda Item 3 Page 14 Item #3 New Cingular Wireless PCS, L.L.0 Conditional Use Permit 1668 Kempsville Road District 1 Centerville February 9, 2011 APPROVED An application of New Cingular Wireless PCS, L.L.C. for a Conditional Use Permit (communications tower) on property located at 1668 Kempsvile Road, District 1, Centerville. GPIN: 1465-13-4458-0000. CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "Tallwood High School, Site ID NF233-A, 1668 Kempsville Road Road, Virginia Beach, VA 23464," dated 06/15/10, and prepared by Morrison Hershfield. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 3. Femeyed at the applicant's e 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 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 Item #3 New Cingular Wireless PCS, L.L.C. Page 2 By a vote of 11-0, the Board approved item 3. Lisa Murphy appeared on behalf of the applicant. Mr. Roy Hadjinlian appeared in opposition. p ,dU �tO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SOLO INDUSTRIES, LLC/COLLIN ELANE, Conditional Use Permit, home occupation, 2201 Speckled Rock Lane (GPIN 1485212957). PRINCESS ANNE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow an online firearm sales business to be situated in his home. The applicant will be the sole employee and will sell, via the internet, firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, clay targets, etc. There will be no customers visiting the site and the hours that the applicant conducts online transactions are primarily during evenings and on the weekends. The applicant anticipates two to three firearm sales a year and it is envisioned that most of the sales will come from firearm accessories such as scopes, holsters, hand grips and other sporting good accessories. In addition to obtaining approval of this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) in order to conduct this online business. ■ Considerations: The proposed home occupation is consistent with the Comprehensive Plan's goal of protecting the predominately suburban character of this community. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. In Summary, the request is in compliance with the Comprehensive Plan, Zoning Ordinance Standards for home occupations, and the recommended conditions identified with Section 234 of the Zoning Ordinance help protect the integrity of the adjacent residential neighborhoods. Staff therefore recommends approval of this request subject to the following conditions. There was no opposition to the request. Solo Industries, LLC/Collin Elane Page 2 of 2 ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-2, recommends approval of this request to the City Council with the following conditions: Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. ■ 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. PRINCESS ANNE Map F-10 Solo Industijes, LLC E i rl --� / r - 1 �L7Lj AOCX iAi�LOq J �'�'• wp�'R SART r D L _k 2 ry CUP /or Home Occupation (online Firearm Sales, REQUEST: Conditional Use Permit (Home Occupation — Online Firearm Sales) ADDRESS / DESCRIPTION: 2201 Speckled Rock Lane KC February 9, 2011 Public Hearing APPLICANT: SOLO INDUSTRIES, L.L.C. PROPERTY OWNER: COLLIN ELANE STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14852129570000 PRINCESS ANNE 5,630 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an online firearm sales business to be situated in his home. The applicant will be the sole employee and will sell, via the internet, firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, clay targets, etc. There will be no customers visiting the site and the hours that the applicant conducts online transactions are primarily during evenings and on the weekends. The applicant anticipates two to three firearm sales a year and it is envisioned that most of the sales will come from firearm accessories such as scopes, holsters, hand grips and other sporting good accessories. In addition to obtaining approval of this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) in order to conduct this online business. The applicant's business model has customers completing the required ATF Form 4473, the National Instant Criminal Background Check System (NICS), and paying for the item in full. Once payment is received, the applicant will order the items and have them delivered to his home via certified carrier. Once guns arrive to the site, they are placed in a gun safe within a secured home office. The room will be secured in accordance to ATF regulations and the entire house is secured with an alarm system. Firearms will only be removed from the secured safe upon final legal clearance of the transaction which usually takes about one business day. Upon legal clearance, the product is then securely SOLO INDUSTRIES, L.L.C. / POLLIN ELANE Agenda Item 10 Page 1 transported to the US Postal Service (USPS) or other contract carrier delivery service that requires positive identification and signature of delivered items in accordance to ATF regulations. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family homes / R -5D Residential Duplex District USE AND ZONING: South: . Single-family homes / R -5D Residential Duplex District East: . Single-family homes / R -5D Residential Duplex District West: . Single-family homes / R -5D Residential Duplex 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 a 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 effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 and 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Speckled Rock Lane is a two-lane local street in the Rock Creek neighborhood of Virginia Beach. It is not on the Master Transportation Plan and there are no roadway CIP projects on it. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Speckled Rock Not Available 9,000 ADT (Level of Existing Land Use — Lane Service "D") 20 ACT Proposed Land Use 3 — 12 ACT Average Daily Trios 2 as defined by one house Sas defined by one house with an online sales business TRAFFIC ENGINEERING: The proposed use will have no significant traffic impact. FIRE AND RESCUE: The applicant shall comply with the provisions of The Statewide Fire Prevention Code regarding storage of any ammunition or other explosives that may be associated with the home occupation SOLO INDUSTRIES, L.L.C. / COLLIN ELANE Agenda Item 10 Page 2 use. A Fire Code Permit and onsite inspections may be required for compliance by the Fire Marshal's Office. SEWER & WATER: There is no expected impact on sewer and water. EVALUATION AND RECOMMENDATION The proposed home occupation is consistent with the Comprehensive Plan's goal of protecting the predominately suburban character of this community. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. The character of the neighborhood should not change as no customers are expected to come to the house and no new construction is proposed. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties or neighborhood character. In addition, this home business supports one of the City's desired outcomes to ensure the opportunity to start and grow a business (p. 1-2). Staff further finds that the proposed business is within the characteristics outlined in Section 234 of the Zoning Ordinance regarding home occupations. Below is a listing of these characteristics. a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. c) No identification sign shall be permitted. However, as an exception, the City Council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, non -illuminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. In Summary, the request is in compliance with the Comprehensive Plan, Zoning Ordinance Standards for home occupations, and the recommended conditions identified with Section 234 of the Zoning Ordinance help protect the integrity of the adjacent residential neighborhoods. Staff therefore recommends approval of this request subject to the following conditions. CONDITIONS Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. SOLO INDUSTRIES, L.L.C. / COLLIN ELANE Agenda Item 10 Page 3 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. SOLO INDUSTRIES, L.L.C. / COLLIN EL7'NE Agenda Iter 10 Page 4 Y , Y �. ,. Rock Lake Loop , N Rock � ane Dai quiri Ln, III __ ��•.�..� PHOTOGRAPH OF BUILDING SOLO INDUSTRIES, L.L.C. / COLLIN ELANE Agenda Item 10 Page 6 &J, s of `•� -', oje PRINCESS ANNE .. —.11 11 I's p 1'-14 A/.fag Not to sc� I RFAW / A ii itocKLAKE4 DP � amu.; �, � 1 Jo- �_ � - :t < C. 1�. T 11 1 K%,09 L/ -M-1%_1 Z CUP for Home Occupation (online Firearm Sales) There is no zoning history to report. ZONING HISTORY SOLO INDUSTRIES, L.L.C. COLLIN ELANE Agenda Item 10 Page 7 DISCLOSURE STATEMENT 11 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) ej i -LIN UL-e- 2. LG2. 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) GoLu-v 6"A -17- 2. "A-12. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ER"Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No ✓ If yes, what is the name of the official or employee and the nature of their interest? Condi9onal Use Peril Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT SOLO INDUSTRIES, L.L.C. / COLLIN ELANE -Agenda Item 10 Page 8 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. Y "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, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name gG e'ac.'LlAl CZA.vG Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3(2007 SOLO INDUSTRIES, L.L.C. / COLLIN E Agenda It ANE lit 10 ie 9 Item #10 Solo Industries, L.L.C. Conditional Use Permit 2201 Speckled Rock Lane District 7 Princess Anne February 9, 2011 APPROVED Joseph Strange: Mr. Secretary, will you call the net item. AL Henley: Yes sir. The next item is item 10. An application of Solo Industries, L.L.0 for a Conditional Use Permit for a home occupation on property located at 2201 Speckled Rock Lane, District 7, Princess Anne. You may come forward. Joseph Strange: State your name please. Collin Elane: My name is Collin Elane. Good afternoon. I represent Solo Industries, and personally I would like to thank the commission for considering my application for a Conditional Use Permit and allowing me to speak. I also thank you for giving me the opportunity to address anyone's concerns. I know this is kind of a sensitive subject. My proposal is to have an internet firearms sales business based out of my home. So, that is a residential zone. I think the number one concern here is that, and it is not part of my business model, I have customers come to my home for the purchase of firearm sales. It does include the safe and responsible handling of firearms from a wholesaler to a FFL or a federal firearms license dealer, such as a pawn shot or A and P's or any of the local gun shops out there. And so basically the process will be, I will have an online website, and a custom only in the State of Virginia, the way the license works, which I will get into in a little bit. It only covers me for Virginia only sales. They will order online, and after payment is received, I'll order the firearm from a wholesaler. It will then be sent to my home, then from my home it will go another FFL dealer. The way the ATF regulates this is that the transfer for firearms via a parcel can only be sent to federal firearms licensed holder, and so it will go from wholesaler to me to a pawnshop or a gun store. There, the customer will go to the pawnshop or the gunstore and they will complete the ATF mandated background checks, all the state checks, state police and so forth. The entire process is heavily regulated by the ATF, and actually I have already contacted the Norfolk ATF agent to inform them of my intention. The conditions for this, I will not make any changes to the exterior. There will be no increase in traffic other than myself because I will be transporting the firearms myself. Again, there will no customers on site. So, it doesn't go from wholesaler to me to customer because according to ATF that would be illegal. The inventory will stay in my home no longer than 24 hours or one business day. Let me retract that. It will be one business day. The zoning piece is required for the federal firearms license application, and so this is basically my first step in moving towards that. Even before the license, the ATF will visit my home and determine if my home safe, and it meets the regulations that ATF requires. As far as safety is concerned, I have a wireless security system. There are two sets of separate locks for the home office and for the actual location of the vault, which there will be a gun safe as well. A ledger must be kept at all times and proper records must be maintained because ATF will do a random survey of the area, and with the monitoring by the ATF, I feel that all the safety checks are in place, and to protect myself, my family, and I have two little ones, so safety is of the upmost priority to me, and to the public and my fellow neighbors in the area. What questions do you have for me? Joseph Strange: Mr. Bernas. Jay Bernas: So, when you receive packages through the mail, will someone be at home to sign for them? Collin Elane: Yes. Absolutely. The parcel carrier, and I'm going to reference USPS and Fedex, all of these transferred are done via certified mail so there has to be someone to either pick them up at their delivery site or Item #10 Solo Industries, L.L.C. Page 2 someone has to be home to sign for them, and that can only be done by an AFL holder, which will be me. So, if I am not home, it will be kept in their warehouse or storage area where I would go pick it up and sign for it there. Joseph Strange: Mr. Hodgson. Jeff Hodgson: I have two questions. Collin Elane: Yes sir. Jeff Hodgson: I know you can't have the product shipped directly to your customers but could you not have the product dropped shipped to the pawnshop or the other store front where the customer can go pick it up, to keep it basically from coming into your home. Is that possible? Collin Elane: That is an opportunity. Sometimes the customer does not have a pawnshop already in mind, and there will be an opportunity for it to come to my home. It is not going to be coming to my home 100 percent of the time. Sometimes it will come to my home and I will choose a FFL dealer to ship it to, and then inform the customer where to go. Jeff Hodgson: Do you have past experience in firearm sales? Have you done the in the past? Collin Elane: No, this is my first attempt at it. I will say that it has probably been the most educational experience going through this entire process, and I appreciate you guys kind of taking it easy on me. David Redmond: We got time yet. You're not done. Joseph Strange: Mr. Bernas has another question. Jay Bernas: I forgot to ask this. Have you talked to all of your neighbors about your business and everybody is okay. DO you have a petition from them or anything that says that everyone is happy? Collin Elane: Yes, included within my application was two signatures. One of them is my immediate neighbor adjacent to me. I guess south of my location. I have spoken with him and he has agreed, and was actually supportive of the entire process. Joseph Strange: Mr. Henley. Al Henley: First of all, I want to thank you for being honest and up front coming through the legal process of you being able to have this business in your home. It can very easily have gone undetected, and you did this without any detection of the local government or the federal agencies as well. So, I want to thank you for that. My question is this. In your experience with the processing of the FFL and the ATF, you mentioned that you had to get their approval where they came in and looked at your residence and made sure everything was safe, and I am sure they checked you out as well. Do they conduct unscheduled inspections and how often? Collin Elane: Just as a point of clarification, and thanks for the question. The ATF will not perform any onsite reviews until I am approved by the zoning commission. And secondly, there has not been documented frequency as to how often they will do the random checks, however it is part of the regulations surrounding getting a FFL license. So, having appropriate records and to maintain safety at all time is one of the prerequisites because at anytime the Norfolk ATF agent can come to my home and do an onsite inspection. Item #10 Solo Industries, L.L.C. Page 3 Al Henley: Just with a comment on that, I am not sure if it is true or not, I have been told they will actually send individuals and perspective buyers to make sure that you are complying with the rules and regulations, and if you're not complying to those then you will be notified that your license be restricted or pulled. Collin Elane: Yes sir. Where having an individual actually go, and this is kind of an abnormality of doing the online, where as you know they would normally, and I've heard it, occur with an actual storefront or actual pawnshop or gun store where they would have a secret shopper come in, and make sure they are performing all the ATF required background checks and so forth. I can foresee that especially with already contacting our local ATF. She herself was surprised. She wasn't and she had her own reservations and concerns but I can foresee that she is very interested in the outcome of this, and I will be working with her very, very closely. Al Henley: Thank you. Joseph Strange: Mr. Ripley: Ronald Ripley: You described your method of business by buying through wholesalers. Will there be any instance where you will be buying directly from a customer trying to sell you a used gun so then try to resell it? Is there incident that you think would occur like that? Collin Elane: That is not part of my business model. But, I guess in the State of Virginia. Actually, I want to retract that. It is not part of my business model. I plan to deal with wholesalers. New firearms only, and the reason why I would deal with wholesalers is for the customers, and for an operating cost standpoint that is where I would save the most money. There are several different types of federal firearms license. The one that I am applying for does not entail, I'm trying to find the word for it, modifying any firearms, and so all of my firearms will have to come boxed and untouched from the wholesaler, and then they will be sent over to me or to another FFL dealer. So, having an open box actually violates the type of federal firearms license I am applying for, and so my license is going to be strictly from the manufacturer to another FFL and then to the customer. Joseph Strange: Mr. Felton. Chris Felton: Two questions. Just too kind of understand what your business is, if I have to go to an FFL dealer to get this anyways, I would go through you and not go them in the first place? Is it going to be a cheaper price, is that why? Collin Elane: It is going to be a cheaper price. There are higher operating costs when you have a storefront. You have staff to pay for, you have rent to pay for and so forth, where this is based out of my home, and so generally there is a 30 to 40 percent makeup on retail firearm sales, and that is a lot of capital they have to cover. Chris Felton: Okay. And my second question, and I think this is where some of the concerns are, will your location and address ever be known, that you're the one selling these arms and these arms are located at that property and in the safety of yourself and your family and those around you, type of thing? Collin Elane: That was a concern of mine as well. Again, I do have children. One of my concerns was that, as part of the process, big orange signs are placed in the front of your yard, and of course it says online firearms sales on there, so that was one of my concerns. I would have neighbors come by and ask me and that gives me a perfect opportunity to kind of share my business model with them. As far as the exposure goes, my home address will not be exposed on the website at all. The only entities that will have my address will be the wholesalers that I purchase from. Since the federal firearms license covers the entire State of Virginia, we're just not looking at Virginia Beach. We are also looking at Northern Virginia, western Virginia and so forth, and yes, I have had some exposure in my immediate area because of the application process but, I don't foresee there being any great risk with the other surrounding areas. Item #10 Solo Industries, L.L.C. Page 4 Chris Felton: So you said you've been educated in this process. Is there in the Commonwealth a plan in place that protects you? If this does happen, is there something in the regulations that you have to follow to go through if that does happen? Collin Elane: Stolen firearms are a big thing with the ATF. They do have a formalize processes which include formalized forms and that is reportable to the ATF who then of course reports to the federal government. And so there are checks and balances in place in the event of a home break in. But they would have to move a 700 pound safe. Joseph Strange: Mr. Thornton. Bob Thornton: Basically, somebody gets online and orders a gun and gives you credit card and pays for it. You in turn order the gun from your source. The gun either comes to you or a retailer. And then once the gun is in possession of the retailer and your customer goes to pick it up, what happens if the customer doesn't pass muster? What happens if the customer shows up with a criminal record? You've got their money, and the retailer has got the gun. How do you unwind that event? Collin Elane: Any number of things can occur. I can either return it to the wholesaler. So it can either go from the retailer back to the wholesaler to myself and back to the wholesaler, or the retailer can purchase it from me. Bob Thornton: So you don't have a way to vet the purchase online. That's got to happen face to face at the retailer? Collin Elane: That is an assumable risk that a FFL license holder that does this type of transaction undertakes but that does not mean that I myself can't do any background checks. I've already applied for, I guess it is basically a login into the State Police background check site which I will to help mitigate a lot of that risk, I'll do the background check myself. It will basically be the same check a retailer will perform so if it passes muster with me, then 1 could move forward from my end of the business where I would order to a wholesaler, and then to a retailer. They will do another check, which will be the formal check that is submitted to the ATF. Bob Thornton: So, final question, at the end of the day, you or the client has to pay the retailer money to run it though its license. So, if I save money by buying a gun through you online, by the time it gets to ATF arms or a pawnshop or wherever, somebody has to pay that person for being in the loop. Collin Elane: Yes. Bob Thornton: Does the client do that or do you do that? How does that occur? Collin Elane: It is generally rolled into the cost, it will part of my business, it will be added into the cost of the firearm. Now, the average price for doing a transfer like that is $60.00. And so when you're looking at it, and I'm just going to throw a number out there, if you're looking at a rifle that retails say at $1,200.00 1 buy it retail for $900.00, and it cost you a couple hundred more than that, you're still saving yourself a little bit a of money, because a retailer is going to sell it at $1,500, 1,600, or $1,700 dollars. So that is the general price for a transfer is $60.00 to $70.00, which does include all the background checks. Chris Felton: I have a question. You said that when you talked to the ATF officer that is in this area, it kind of not happened. I know in the past we have approved antique guns being sold and those types of things. So, in your research and your learning of this process, has there been any precedent set for this or has anybody done this already: Or you've just gotten this idea and you're like "alright, let's try it". Item #10 Solo Industries, L.L.C. Page 5 Collin Elane: This idea has been pioneered in other states across the United States. I haven't heard of any Virginia online firearm dealers, but I have in south Dakota, North Dakota, which I pulled this idea from someone, I think is in North Dakota that has kind of pioneered this type of business. In email response to him, getting his experience and getting this side of actually performing the business for, I think he has been doing it for 5 somewhat years now. Bob Thornton: Just for what it is worth, I am sure you are familiar with gunbroker.com, and it is an E -bay of gun brokering. You can go in and type in gunbroker.com, type in what you what, bid on the item, pay for it with pay pal and you it get shipped right to a FFL. You have to tell them where to ship it. So, it is a common practice for buying guns online. Joseph Strange: Mr. Russo. Phil Russo: Sir, this will not be your livelihood right? Collin Elane: No. Phil Russo: Okay. So you don't foresee it being your livelihood even down the road. It is basically just a hobby? Collin Elane: I hate to limit myself. I do have a day job. I'm a Director of Nursing at Run America Corporation. So, you couldn't go into an office spectrum with this one. I don't foresee this being my livelihood. It will be great. I do appreciate hunting spots, shooting sports and so forth. It is one of those things where you can do what you love for the rest of your life and that would be great. This is kind of my foot in the door. I am testing the waters. I couldn't think of any riskier type of business to start, however, I do appreciate it. It is something that I would enjoy as a hobby. If it does take off, then future plans might be seeing me for a store front type of business but right now it is going to be a hobby. I don't anticipate and part of the application, anymore, and this is just kind of me summarizing here, but anywhere between 3 to 4 a year. A lot of my sales I would anticipate would be firearm accessories, holsters, scopes, and so forth. I'm not limited to just firearms, you know, so but this was a requirement for it, because I didn't want it to be an all stop. You buy a firearm and I can ship directly to you a scope, a holster, a strap of anything like that. Phil Russo: As far as actual gun sales, it seems like a lot of work for just two or three sales a year. And, it really seems like, and I just don't understand how introducing one more player into the process is going to make the purchase cheaper. It seems like you're like another middle man. Collin Elane: Yes, I'm not going to lie to you. It does, to a certain degree, make me a middle man. However, most you're average Joe will not be able to purchase from a wholesaler, so your only other alternative will be to go through a retailer. And so, if you look at the cost savings there for the customer, he will be paying, again, a really high markup buying retail and for that convenience of being able to go there, and you know, see the gun, hold it, and purchase it right then and there, where an avid gun collector or someone who is very familiar with firearms says, you know what, instead of paying that ridiculous markup for a gun that I am already familiar with and I know that I want, let me go to Solo Industries or gunbroker.com or what have you and save myself a little bit of money, pay that $60.00 transfer fee, and be done with it. Phil Russo: So, what's to prevent the pawn shop or other retailer, when they receive the gun from you, just saying that, I'm going to just mark it up to my regular price? Collin Elane: Because I know the customer will probably say I paid for this already, I've already paid for the firearm. I've already paid for the transfer. Why am I being charged again? The customer won't be able to accept that all. Item #10 Solo Industries, L.L.C. Page 6 Phil Russo: They could say it though. Collin Elane: That would be a breach of contract between the two FFL dealers. Phil Russo: The customer contract is with you. Collin Elane: Right. And my contract is with the FFL dealer so as part of my contract with the customer, I'll say you will pick it up at this location. In the event that the pawnshop, if you will, decides to mark it up, charge the customer more money, then that is a reportable type of activity to the ATF. Phil Russo: So your contract with the pawnshop is based on a certain price. Collin Elane: Based on a price. Even the transfer from FFL to FFL is regulated by the ATF. If they decide to breach that contract, they will be putting themselves at risk of losing their FFL license. Phil Russo: Okay. I am not just sure that any pawnshop or any other retailer is going to respect two or three sales a year. I'm not sure, any type of market share... Collin Elane: Well it is not, again this is covering the entire state of Virginia and probably I won't be going to the same FFL with the amount of sales I'm looking at or not looking at. I probably, for example go through ATF Arms. They are probably looking maybe at two or three transfer from me for Virginia Beach, where again, I am looking at the entire state of Virginia and so, I might be dealing with that particular pawnshop or gun store. I would prefer it going to a retailer versus a pawnshop first of all. Because there is different type of regulation they are under as well. So, I will maybe be going to another retailer maybe once. Again, just looking from the amount of sales that I am looking at just for firearms. Joseph Strange: Mr. Felton. Chris Felton: I am just throwing this out there and have thought, and see if you would be agreeable to it. If we did approve this and possibly add it on there that it is approved with a condition to come back in a year and review the application again, and to see what's happen, what's going on and how it is all working out. Would you be agreeable to that? Collin Elane: Absolutely. Just as a side note to that, there is a yearly renewal for the ATF license for that FFL license. And so, in addition to reporting back to Planning Commission, I would be doing the random audits as well reporting to the ATF as well, reporting to the ATF on my current status. The ATF will revoke a FFL license if they do not feel that the business is creating enough revenue, even then there is another check there where the FFL might say alright, Solo Industries, you literally did one transfer for the year 2011. It doesn't make sense for you to be a FFL license holder. We're going to revoke it or we're going not to renew it. Joseph strange: Mr. Thornton. Bob Thornton: You indicated earlier there were different levels of license. Would you ever anticipate that after you got this business going that you would request a change in your licensee status so that if I bought a gun from you on line, I could literally come to your house and pick it up, pay you and instead of bouncing off to a pawnshop or retailer or whatever, then you could get the gun shipped to you, you call me come get it. You would then eliminate that $60.00 worth of a transfer fee. Collin Elane: If I do hit that route, it is because I have a storefront now. The ATF does not allow the transfer of firearms to occur from a FFL dealer to a customer from your home. You need to apply for a FFL license that makes Item #10 Solo Industries, L.L.C. Page 7 you a retailer for a store front. And if I do hit that route it would be because I'm supposedly successful and I have my own store now. David Redmond: I'm not quite sure what the point would be for a one year review. This is one of the most heavily regulated activities in the entire American economy. I don't know what we would be looking for? I view this very simply as home daycare or someone who wants to sell sweaters. We seem to do more those things only it is much more regulated. It is more sensitive and I understand that point but I don't know what the purpose of that would be. We're kind of picking apart his business plan, and I just don't understand the purpose of all of that is. Either it is going to be an appropriate and low impact sort of hobby type home business use. I think we're kind of over thinking it. In some regards there, I don't find it terribly objectionable of all that. You can do it if you would like, but I don't know what the purpose in a one year review would be. Karen Lasley: I would suggest that if you do put a one time limit review on it, maybe it could an administrative renewal if there were no complaints from the neighbors. He meets the conditions. And we do work close with ATF staff in Norfolk. If there is a problem we could bring him back, which we can do at anytime even if you don't that condition on it. David Redmond: That was my point, if there was some sort of problem, you're going to be in a position. Jay Bernas: Just to let you know that I am not on board, but if the commission was to approve this, would you be okay with adding a condition, since you're only doing a few a year, to have the firearms, as being any firearms shipment being sent to a FFL dealer. You could receive shipments on your scopes and stuff to your home and what you need to do but for the firearms, so that kind of takes away some of my concerns that you're getting firearms shipped to your house, whether it is in the safe or not. I'm not really onboard with the whole premise. Would that be something as a condition that you would be oaky with or does that destroy your business model? Collin Elane: It does not destroy my business model but what that does it creates an additional level of complexity that I need to account for on the front end. It is not optima for me. But if that is the condition continent upon approval, then yes I would be amenable to it. Joseph Strange: I want to sort of clarify things a little bit. Number one the people that you're going to be shipping these to maybe a retailer or a pawnshop, these people have a license for you to ship them to right? Collin Elane: Yes. Joseph Strange: These people can buy from the same people you buy from right? Collin Elane: Yes. Joseph Strange: So, your business model is the only reason why the person would be handling your sale is that it would be an additional sale to them, I mean, otherwise, if you're going to cut the price. You gave an example of something selling for $1,500, you might sell it for $1,200 right. This is just a very speculative endeavor your involved in. Just like any small business that says that is what 70 percent of all new jobs created in this country are about people who are willing to take a risk and invest their money, that is just a little bit different, and online sales is what about 30 percent of all sales are online. I just wanted to get a hand of what exactly what your business model was and then to clarify that the people you're going to be delivering these things, that exactly you cut a deal for them if they are not regulated by the ATF. They are highly regulated. Collin Elane: Very ,very tightly regulated. Item #10 Solo Industries, L.L.C. Page 8 Joseph Strange: It is just like any small business that is trying to get started up , 4 out 5 is probably going to fail anyhow right? David Redmond: Don't tell him that. Joseph Strange: I just want to put this whole thing in perspective that this guy is a small person who obviously is an upstanding citizen. He is head of a nursing unit. He is not one of those guys trying to blow the country or something. He is just a small guy. He is an entrepreneur. He is trying to get business off the ground and trying to do it the right way. He is coming before the Commission trying to go through the rules and trying to play the rules like we ask people to do right. I'm not saying that I would vote for it or against but I'm just saying that this kind of for me puts it in a perspective as to how big this might be or how small it might be. Are there any other questions? Donald Horsley: I question staff. I remember approving one of these before. Did we ever have any problems arise from thaw one? I don' think I remember. IF I remember right, you could actually come to the house and get the gun from the house. Is that right? Karen Lasley: We approved maybe 3 or 4 and we haven't had a problem with any of them. Phil Russo: I have a question. I understand that that the previous approvals were for antique guns. Donald Horsley: Not necessarily. Karen Lasley: There were for some regular too. Phil Russo: And when were those? Karen Lasley: Over the last 10 years. Don't have that with me. Phil Russo: Three or four in residential area over the last ten years. Ronald Ripley: Are you ready for a motion? Joseph Strange: I just want to make one more observation. Jay Bernas: Are we in discussion? Joseph Strange": We'll discuss it among us. Donald Horsley: I want to thank him. Joseph Strange: I want to thank him for coming here. I think you've given us quite an education. You know you read about a lot of things and you hear it in the news, and now we have a real live person who deals with it every day. To come here and give us his education and what he thinks. As you say, it is an ongoing process. I do thank you very much for coming up. If there are no other questions, we will discuss this among ourselves and someone will make a motion. Collin Elane: Thank you. Joseph Strange: Thank you very much. We will now open it for discussion among the commissioners. Mr. Bernas. Jay Bernas: I really appreciate the applicant coming in. I think he was really well spoken. Like you said, he given us Item #10 Solo Industries, L.L.C. Page 9 an education on this whole process but for me the bottom line is, this is just a land use issue with, this conditional use permit and does an online firearms sale dealer belong in a residential neighbor. And maybe I'm just an engineer and naturally conservation but to me, I'm not just comfortable with it honestly but I wish he was selling beads or coins or something less controversial but I can't think of anything more controversial than trying to sell from your home firearms. Unless the commission, and I don't think they are really interested in this, that all the firearms shipments would be sent to the dealer, I can' be onboard with this. David Redmond: I don't hold that view. I think this is largely much ado about nothing. In residential area that is where homes intend to be an application for a home base occupation. I admire very frankly the applicant's entrepreneur spirit, but I don't have anything that would suggest to me that there would anything difficult that raises the hair on the back of my neck by virtue of this one particular one spot within our City. I am very much opposed to the idea of placing some restriction on this just because we think that we can. I don't' see any reason why. He can keep as many guns as he likes in his home that he owns. I don't know why it would be any different, for I could or Mr. Horsley can. I don't know why it would be any different if there is an occasional firearm that is shipped to the home or someplace else. I am sure that are staff would be very attentive by the way, just let me say that twice today, Mr. Whitney your staff has been complimented on its thoroughness and professional of their work, so good for all of them. Now, I know they are going to be very attentive of this, and I'm sure that the ATF is going to be very agentive to this. We have a small task which is to look at a home base occupation, and I don't see anything that could cause me on that little narrow piece of turf on which were operating if you wanted to deny this, or to overly restrictive for what I don't think are any real reasons to do so, so I'm going to support the application. I would be opposed to putting any kind or restriction beyond what is in the application. Joseph Strange: Mr. Felton Chris Elton: I would support in the case of adding that condition that even if it was an administrative review because as the gentleman said it would be the first in the commonwealth of Virginia. Beside his knowledge, North Dakota and South Dakota, two other states are doing this. In a year to see, to see how it is going, not that wouldn't happen anyway but. Is this something that has been allowed this to happen? Other people might start to come to do this. I know I would feel more comfortable knowing that how the first one went to know if the other ones should be grouped. David Redmond: But it is not the first one maybe the online part is the first. It is the case right now where people have home base businesses where they sell firearms. There is nothing first about this. The only thing that is first perhaps is the use of the internet as median for it. Joseph Strange: Let's be recognized when we make a statement. Mr. Russo Phil Russo: I agree with Jay on this. I don't think this is something that we want to be promoting in our neighborhoods. I understand and respect a person's ability to have firearms for their protection and hunting but this is different. And, I especially have a problem with approving this just as somebody's hobby. It is not his livelihood. He is not even dependent on it. It is really just a hobby. There was discussion about whether or not the public would be able to identify his house as being basically a depository for firearms but Mr. Elane feels that it won't be but I don't know. People find out about hear these things and it just invites break-ins. People looking for firearms, even if there are no firearms, they think they are there. They break in. I think it invites havoc. Quite frankly, I was impressed by Mr. Elane. I think he ought to take the place and open up his own storefront and undercut the market that he think he can do through online sales. He is obvious bright enough and intelligent enough to make a go of it but as far as this, I just have a lot of problem bringing this into our neighborhoods. Joseph Strange: I will say this. I have a tendency to agree with Mr. Redmond. Whether we think it is politically correct for this gentleman to sell guns. He is not doing anything illegal. He is not asking to sell drugs or something illegal. All he is asking for is a right to participate in the American dream, and that is to be an entrepreneur to open Item #10 Solo Industries, L.L.C. Page 10 up a business. If the state doesn't want that type of business or government doesn't want it they can make it illegal to do it. He is not asking for the right to do something to break the law or do something illegal. He is asking the right to be an entrepreneur, to open up a business. You know in our country we say that people are innocent until proven guilty. We have no indication to nothing that anything he is going to do is going to cause us any problem. We have no evidence. We can speculate. We may not like people who sell guns. We might not like people who sell coffins. The fact of the matter is it not against the law for that reason. If someone wants to put one year review on it, and he wants to agree to that, I could go along with that, but that is about the only restriction. Donald Horsley: With that being said, I would like to make a motion that the application be approve as submitted. I think this is one of the most highly regulated businesses that you can have, I don't see where putting another year of our review of is going to help make it any safer. You're dealing with the feds, AFF and who. Our review would be kind of pointless. I move that it be approved as submitted. Al Henley: I'll second it Joseph range: A motion made to approved the item by Mr. Horsley and seconded by Mr. Henley. By a vote of 9-2, the Board approved item 10. Joseph Strange: Thank you for coming today. Collin Elane: Thank you very much. I would like to thank Leslie as well for walking us through this entire process. Josephs Strange: Thank you for the information you gave us. AYE 9 NAY 2 ABS 0 ABSENT 0 BERNAS NAY FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO NAY STRANGE AYE By a vote of 9-2, the Board approved item 10. Joseph Strange: Thank you for coming today. Collin Elane: Thank you very much. I would like to thank Leslie as well for walking us through this entire process. Josephs Strange: Thank you for the information you gave us. Charles Melvin, Jr. 117 Conference Court Virginia Beach, VA 23462 February 23, 2011 Re: Harniony Investments Rezoning, Council Agenda of March 8, 2011 Honorable Mayor William D. Sessoms Office of the Mayor Municipal Center Building 1 2401 CourthOLISe Drive Virginia Beach, VA 23456 Dear Mayor Sessoms, I am writing to you as a member of the Point of View civic league regarding the request by Harmony Investments to rezone a plat of land located on GreenNvich Rd. lam ,,, opposed to llarmony's rezoning request. T fully support o od de -s elopment of that property within the city's guidelines for its current 1-1 zoning, but I am opposed to llarmony's request to allow the intrusion of multi -family apartments in an area that is adjacent to my neighborhood. I am asking you to uphold the Ne,�vtown Strategic Gromh Area plan approved unanimously by city council on July 6, 2010. Than You for your attention to this request. Sincerely Charles Melvin, Jr. Harmony also boasts of the taxable advantage in developing this property as apartments. This land has never been developed so there is no reason to rush for a quick fix of short term tax dollars. It would be more advantageous to develop this property similar to what has been developed at The Convergence Center on Bonnie Road in the Pembroke SGA, or develop similar to what is located on Cleveland Street off Newtown Road which lies within this Newtown SGA. Those quality developments supply jobs and tax dollars that are sustainable. The property in question is the gateway to our City. When viewed from the expressway it announces our identity as a City and makes a statement of who we are as a City. Virginia Beach is no longer the bedroom community of Norfolk. Harmony Investments bought this property as existing I-1 zoned land in an existing business district, not raw agricultural land, and I believe the newly adopted SGA should be upheld. Thank you for your time and attention to this important matter to our City. Sincerely, Lakeside Construction Corporation Eric C. Anderson President Cc: Honorable Vice Mayor Louis R. Jones Bob Dyer Harry E. Diezel Glenn R. Davis James L. Wood John E. Uhrin Barbara M. Henley Bill R. DeSteph Rita Sweet Bellitto Rosemary Wilson James K. Spore Robert S. Herbert William J. Whitney, Jr. Karen Lasley LAKESIDE CONSTRUCTION CORPORATION 5299 GREENWICH ROAD VIRGINIA BEACH, VA 23462-6024 (757) 499-5961 FAX (757) 499-2094 February 15, 2011 Honorable Mayor William D. Sessoms Office of the Mayor Municipal Center, Building 1 2401 Courthouse Dr Virginia Beach, VA 23456 Re: Rezoning request by Harmony Investments, Inc. Council Agenda March 8, 2011 Dear Mayor Sessoms and Members of Council: I wish to state my opposition to the rezoning request by Harmony Investments, Inc. for a change of zoning from I-1 to A-36 on a 6.97 acre parcel of land situated on Greenwich Road, which property adjoins my office building. The rezoning request is for a change of zoning in order to build 224 apartment units on a small 6.97 acres of land. Currently, there is no other residential zoning on the entire Greenwich Road. It is a business district with businesses such as the Virginian Pilot, Hoffman Beverage and ECPI. The intrusion of residential would be spot zoning and out of character for the area. When this matter first came before City Council, it was decided by Council that the Strategic Growth Area (SGA) for this area should be updated and studied in order for Council to have the latest facts prior to voting on this request. I was invited to participate in the study, which I did, and I attended all meetings. The conclusion of the nearly year long study found that this property should remain in the present zoning of I -l. The new SGA was then supported by Planning Staff, approved by the Planning Commission on June 9, 2010 and adopted by City Council on July 6, 2010. I support the findings of the independent study and ask City Council to follow the recommendations of the new SGA. On January 13, 20111 attended a briefing at Point O' View elementary school that was hosted by the applicant and their representatives. During their presentation the applicant, Brooks Johnson, stated that although the surrounding property owners may believe that this property would be developed like the rest of the existing businesses on Greenwich Road, Harmony Investments has the "By Right" ability to develop this property as a gas station, a heavy equipment yard, an Off Track Betting parlor or a Hooter's bar and showed slides on a power point presentation, depicting each of those uses. In my opinion any developer that uses those types of scare tactics, showing obnoxious uses in order to intimidate the surrounding property owners, does not have the good of our City of Virginia Beach at heart and should not be granted the benefit of the doubt concerning their intentions. Rather, it should be the desire of all developers to develop our good City in the highest and best possible use and be a benefit, not a detriment, to our City. We respectfully request that you and members of City Council uphold the findings and previously approved plans of the strategic Growth Area Study and immediately and completely denied the request of Harmony Investments for rezoning. Sincerely, Ronald Kondoff, D.M.D Marshall Lyall, D.D.S. Drs. Lyall & Kondoff, LLC GREENWICH POINTE OFFICE SUITES 5295 Greenwich Road Virginia Beach, VA 23462 John 11. Dorroh, Jr., President 933 Queen Elizabeth Drive Virginia Beach, VA 23452 Phone: 757-431-8676 Cell: 757-589-3756 Email: jd.aiskcox.net February 22, 2011 The Honorable William D. Sessoms Mayor, City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Rezoning Request by Harmony Investments, Inc. Council Agenda, March 8, 2011. Lear Mayor Sessoms and Members of City Council: . Carol Reed, Property Manager 8639 W. Behrend Drive Peoria, AZ 85382 Phone: 623-975-3514 Cell: 602-750-7431 Email: carolreedkcox.net As an adjacent property owner, I wish to state my opposition to the rezoning request made by Harmony Investments, Inc. for a change of zoning from I-1 to A-36 for a parcel of land located on Greenwich Road. My office building is located at 5295 Greenwich Road, and it is one of only four properties adjacent to the proposed rezoning. The other three are Lakeside Construction, the Virginian Pilot, and the neighborhood of Point O' View. I have owned my office building for 35 years and choose this location because of the easy access to the interstate system and, therefore, all of Hampton Roads and because of the business and office environment of the Greenwich Road corridor. All of the property on Greenwich Road was and is zoned for light industrial and business use. My office building is one of my biggest investments and, if the adjoining property was rezoned to high density multi -family A-36 as requested, it would hurt my property value and would restrict my ability to redevelop my property concerning set back and screening requirements as per City Code. The Greenwich Road business district, situated at the intersection of I-64 and 1-264, is a highly desirable area for business to locate. Along with, attractive offices and hotels, we have the Virginian Pilot, ECPI, Hoffman Beverage and the Medical institute located here. The intrusion of multi- family housing would change the complexion of the area and, in my opinion, ruin the character of our business district. I participated in the Newtown Strategic Growth Area Study and attended the Public Hearing that announced the study's findings. The study concluded that this property should remain I-1.1 was pleased with the results of the independent study and support the findings of the Strategic Growth Area Study. I respectfully request that you and all Members of City Council uphold the findings of the Strategic Growth Area Study and deny the application of Harmony Investments for rezoning. Thank you for your attention to this important issue for our City. Sincerely, Dorroh Properties/Greenwich Pointe J H. Dorroh, Jr. President k1cc: Ruth Hodges Fraser, City Clerk February 16, 2011 Mayor William Sessoms Mayor's Office Municipal Center, Building #1 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Harmony Investment, Inc. Rezoning February 22, 2011 Greenwich Road Corridor Dear Mayor Sessoms and Member of City Council We hereby wish to state our strong opposition to the rezoning request made by Harmony Investments for the property they have purchased on Greenwich Road. We are the owners of a free standing building that houses our well-established Dental practice, Drs. Lyall and Kondoff, LLC. We are approximately 500 yards from the proposed rezoning. We chose to relocate from Norfolk (Koger Center -Leigh Memorial Area) thirteen years ago and invest a significant amount of money in redeveloping our building @ 5291 Greenwich Road. Aside from the increased property tax, we pay a significant business license and personal property tax as well. This Property is valuable not only as a revenue generating entity, but provides a significant asset to our personal wealth and retirement plans. We strongly oppose the request to rezone from light Industrial/Business use to High Density multifamily A* 36, which would significantly change the nature of this 100% business corridor. It is a highly valued location, with convenient access to I-264 and I-64, as evidenced by the quality and quantity of Business buildings and tenants. This has been reinforced by the high occupancy rate in the entire corridor. Our Business district has withstood this severe recession as well as any business district in the city. The city funded a comprehensive SGA study. It was approved by the Planning Commission June 9th, 2010, and by City Council on July 6, 2010. The study concluded that this area should remain I-1 zoning. Harmony Investments purchased this property with full knowledge of it current zoning and the comprehensive proposals of the SGA study. High Density multifamily will not only change the complexion of this area but will place increased demand on traffic and other public services. Specifically, our building and adjacent buildings have been subjected to vandalism and theft in the last year. We feel this problem would only increase with the placement of apartment dwellings and the associated clientele that it supports. This is a request by Harmony Investments to shift the down turn in commercial real estate onto the long standing, quality owners and tenants in the Greenwich Road corridor. W I L L C O X SAVAGE Stephen R. Davis (757)628-5602 sdavis@wilsay.com Via Hand Delivery Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #l, Room 281 Municipal Center Virginia Beach, VA 23456 January 25, 2011 Jack Whitney, Director Department of Planning Building 2, Room 115 Municipal Center Virginia Beach, VA 23456 37253.044 Re: Application of Harmony Investments, Inc. for Conditional Change of Zoning from 1-1 Light Industrial District to Conditional A-36 Apartment District on a 6.97 acre parcel of land in the Kempsville District known as 5321 Greenwich Road, GPIN #1467-54-6228 Dear Ruth and Jack: On behalf of the applicants in the above -referenced matter, we hereby request that this matter be removed from City Council's agenda for its Tuesday, February 22, 2011 meeting and placed on the agenda for Council's Tuesday, March 8, 2011 meeting. We apologize for this request; however, Councilman Diezel will not be at the February 22 meeting and this property is in his District. I thank you in advance for your cooperation and assistance in this matter. If you have any questions, please do not hesitate to contact me. SRD:blp cc: Councilman Harry Diezel (via hand delivery) Karen Lasley (via email) Page S. Johnson, II, Harmony Investments, Inc. (via email) . 1-1012219.1 Reply to Virginia Beach Office 440 MONTICELLO AVENUE SUITE 2200 NORFOLK, VA 2351 0 757.6213.5500 FACSIMILE 757.628.5566 222 CENTRAL PARK AVENUE SUITE 1500 VIRGINIA BEACH, VIRGINIA 23462 757.628.5600 FACSIMILE 757.6213.5659 WWW.WI LL COX AN DSAVAGE. COLI -78 - Item V -K.12. PLANNING ITEM # 58668 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of HARMONy INVESTMENTS, INC. for a Change of Zoning from I-1 to Conditional A-36 re multi family dwellings/parking/landscaping/leasing office%lubhouse/pool at 5321 Greenwich Road. This DEFERRAL will allow Planning Staff to meet with the applicant and stakeholders re the Newtown Strategic Growth Plan. ORDINANCE UPON APPLICATION OF HARMONY INVESTMENTS, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION. FROM I-1 LIGHT INDUSTRIAL DISTRICT TO CONDITIONAL A-36 APARTMENT DISTRICT, 5321 GREENWICH ROAD Ordinance upon application of HARMONY INVESTMENTS, INC., for a Change of Zoning, District Classification, I-1 Light Industrial District to Conditional A-36 Apartment District, 5321 Greenwich Road. (GPIN: 14675462280000) DISTRICT 2 - KEMPSVILLE DISTRICT. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: Ron A. Villanueva March 24, 2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARMONY INVESTMENTS, INC., Conditional Change of Zoning, 1-1 Light Industrial to Conditional A-36 Apartment, 5321 Greenwich Road (GPIN 1467546228). Comprehensive Plan- Strategic Growth Area 3 (Newtown SGA) KEMPSVILLE DISTRICT. MEETING DATE: March 8, 2011 ■ Background: This request to rezone a 6.97 acre parcel from 1-1 Light Industrial District to Conditional A-36 Apartment District for the development of 224 apartment units was deferred indefinitely by the City Council on January 11, 2010. The site is located within the Newtown Strategic Growth Area and the application was deferred to allow completion of the Newtown Strategic Growth Area Plan. The conditional rezoning proposal has not changed since the March 11, 2009 staff report was prepared and details regarding the development are described in the attached report. The Planning Commission heard this rezoning request on February 11, 2009 and deferred the application to allow more time for the applicant to work with the adjacent Point of View neighborhood civic league who appeared in opposition. The Planning Commission heard the request again on March 11, 2009, prior to starting work on the Newtown Strategic Growth Area Plan, and recommended approval. In 2009, also prior to starting work on the Newtown Strategic Growth Area Plan, the Planning Department recommended approval of the rezoning application with some reservations regarding the proposed suburban garden style of the apartment complex. At that time, the Planning Department concluded that because the site was located along the potential light rail corridor and was not encumbered by AICUZ regulations limiting residential density, that the rezoning was appropriate. In addition, it was noted that the applicants also owned the undeveloped property on the north side of Greenwich Road and intended to develop that acreage with offices and a hotel to create a mixture of uses. ■ Considerations: Work on the Newtown Strategic Growth Area (SGA) Plan began in October 2009. Both the Point of View Civic League and Harmony Investments participated on the Steering Committee. All public meetings and focus group discussions were well attended by the Civic League, many business owners and many property owners in the area. After much work and deliberation, the Newtown SGA Plan was completed and adopted by City Council in April 2010. HARMONY INVESTMENTS, INC. Page 2 of 3 The Newtown SGA Plan designates this site as part of Key Initiative #2: Eastern Office Park and specifically recommends office/flex space type development for the subject parcel in keeping with the existing zoning. The Plan concludes that this Eastern Office Park is uniquely situated for office and business tenants seeking high visibility and attractive open space amenities. It is noted that construction of the Greenwich Road overpass and planned improvements to the adjacent ponds and trail system will make this area an ideal setting for new office buildings or flex light industrial uses. The property on the north side of Greenwich Road is seen as a gateway to the city, ideal for Class A office buildings and the property on the south side of Greenwich Road, including the subject site, is seen as ideal for flex type space for office or light industrial use. Recommendation: At this time, the Planning Department recommends that this application to rezone the subject site from 1-1 Light Industrial to Conditional A-36 Apartment District be denied due to the following: 1. The proposal is not in keeping with the Newtown Strategic Growth Area Plan which recommends flex type office or light industrial use for this parcel. The existing 1-1 Light Industrial zoning is in conformance with the plan. 2. Since this application was submitted in 2009, plans for Greenwich Road have been finalized. Greenwich Road will terminate in a cul-de-sac just east of the site and the Greenwich Flyover will be constructed to the west. There is no connection, existing or planned, across the Norfolk Southern right-of-way to the adjacent residential neighborhood. The subject site will be a parcel at the end of a cul-de-sac in an office/industrial area, making it an isolated and unsuitable location for an apartment community. 3. Approval would result in spot apartment zoning in an area of existing and planned office and industrial uses. Some of the existing industrial uses, such as the Virginian Pilot facility and the beverage distribution facility both to the west of the subject site, are heavier industrial in nature and not compatible with the proposed apartment community. Retaining this site as part of a cohesive office/industrial area is best for the long-term economic growth of the City. 4. The subject site is not within a 10 minute walk from the newly constructed light rail station to the west in Norfolk or from any potential light rail stations planned if light rail is extended into Virginia Beach. Both the Newtown SGA Plan and the Pembroke SGA Plan designate a significant amount of medium to high density residential mixed use within a 10 minute walking radius of all proposed light rail stations. Rezoning this site for apartments will diminish the potential for those plans to succeed. In conclusion, since the Planning Department first evaluated this rezoning proposal in 2009, there has been significant progress in both land use planning and transportation programming in and around the Newtown Strategic Growth Area. Plans and capital improvement programs have been approved which prompted a reappraisal of the earlier reviews and as a result denial is recommended. HARMONY INVESTMENTS, INC. Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommended approval on March 11, 2009, prior to starting work on the Newtown Strategic Growth Area Plan. Submitting Department/Agency: Planning Department / ! ' City Manager: rim March 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: HARMONY INVESTMENTS STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (1-1 Light Industrial district to Conditional A-36 Apartment district ) ADDRESS / DESCRIPTION: 5321 Greenwich Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14675462280000 2 — KEMPSVILLE 6.97 acres Less than 65 dB DNL APPLICATION HISTORY: This application was deferred by the Planning Commission on February 11, 2009 to provide an opportunity for the Point O' View neighborhood and the applicant to discuss several issues raised by the community at that public hearing. The applicant proposes to rezone the property, currently zoned SUMMARY OF REQUEST 1-1 Light Industrial District to Conditional A-36 Apartment District and to develop the site with 224 multi -family dwellings, parking, landscaping, leasing office, clubhouse and pool. The proposal is part of a proposed development, Greenwich Village, which also will include offices and a hotel. The applicant has secured this site as well as sites on the north side of Greenwich Road and plans to develop the sites as a mixed-use project. The submitted conceptual plan shows three (3) four-story buildings containing a total of 224 multi -family dwelling units. The proposed buildings are arranged in a courtyard style with the proposed amenities, the clubhouse, pool, and fitness room, in the courtyard. The proposed buildings are situated 30 -feet from Greenwich Road, 75 -feet from the western property line, 130 -feet from the eastern property line, and 75 - feet from the southern property line. Parking is dispersed along the western, eastern, and southern areas of the site and in the courtyard. Street frontage, interior parking lot, foundation, and perimeter landscaping are also shown on the plan. HARMONY INVESTMENTS, INC. Agenda Item 18 Page 1 0 EO RW M _2 61`iWW Cm rim March 11, 2009 Public Hearing APPLICANT / PROPERTY OWNER: HARMONY INVESTMENTS STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (1-1 Light Industrial district to Conditional A-36 Apartment district ) ADDRESS / DESCRIPTION: 5321 Greenwich Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14675462280000 2 — KEMPSVILLE 6.97 acres Less than 65 dB DNL APPLICATION HISTORY: This application was deferred by the Planning Commission on February 11, 2009 to provide an opportunity for the Point O' View neighborhood and the applicant to discuss several issues raised by the community at that public hearing. The applicant proposes to rezone the property, currently zoned SUMMARY OF REQUEST 1-1 Light Industrial District to Conditional A-36 Apartment District and to develop the site with 224 multi -family dwellings, parking, landscaping, leasing office, clubhouse and pool. The proposal is part of a proposed development, Greenwich Village, which also will include offices and a hotel. The applicant has secured this site as well as sites on the north side of Greenwich Road and plans to develop the sites as a mixed-use project. The submitted conceptual plan shows three (3) four-story buildings containing a total of 224 multi -family dwelling units. The proposed buildings are arranged in a courtyard style with the proposed amenities, the clubhouse, pool, and fitness room, in the courtyard. The proposed buildings are situated 30 -feet from Greenwich Road, 75 -feet from the western property line, 130 -feet from the eastern property line, and 75 - feet from the southern property line. Parking is dispersed along the western, eastern, and southern areas of the site and in the courtyard. Street frontage, interior parking lot, foundation, and perimeter landscaping are also shown on the plan. HARMONY INVESTMENTS, INC. Agenda Item 18 Page 1 The proposed architecture of the buildings is contemporary in design with traditional elements. The applicant is using several types of building materials to provide architectural interest, help break up the mass of the building walls, and provide a more human scale to the buildings. Building materials include HardieplanO smooth siding accent bands at the roof line and the gable ends, vinyl lap siding, shingle panel siding, brick, and cast stone for the water table element. Proposed roofing materials are CertainTeed°architectural shingles. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Greenwich Road and Interstate 1-264 USE AND ZONING: South: • Norfolk and Southern Railway right-of-way • Across the N & S R.O.W. is the Point O'View subdivision / R-10 Residential East: . Offices / 1-1 Light Industrial West: . Newspaper plant / 1-1 Light Industrial NATURAL RESOURCE AND The site is partially wooded. There are no significant natural resources CULTURAL FEATURES: on the site. There are no cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Greenwich Road is a two-lane undivided collector street. The Virginia Department of Transportation (VDOT) has a project in the vicinity of this development. The 1-264 Witchduck Road project is for the construction of collector - distributor roads from westbound 1-64 to eastbound 1-264 and roadway improvements at the Newtown Road and Witchduck Road interchanges. As part of the interchange improvements, a flyover is proposed over 1-264 from Greenwich Road to Cleveland Street. At this point, the flyover does not appear to directly impact this application; however, the alignment has not been finalized. There may be indirect impacts to this site, such as a cul-de-sac on Greenwich Road east of the site and the connection to the flyover, which would redirect all the site traffic west rather than split between the east and west directions. Public Works / Traffic Engineering: The proposed development does not meet the criteria that trigger a Traffic Impact Analysis under VDOT Section 527. A left turn lane is required on Greenwich Road for the eastern (main) entrance to the site. This left turn lane meets the requirements of Section 3.11 within the City of Virginia Beach Public Works Specifications and Standards and must be designed accordingly. Right-of-way improvements such as pavement widening, sidewalk, curb and gutter, streetlights, and HARMONY INVESTMENTS, INC. Agenda Item 18 Page 2 drainage will be required along Greenwich Road. • A Traffic Signal Bond may be required for a potential signal at Greenwich Road and the future flyover. Since the status of the flyover project could change by the time this plan, if approved, undergoes Site Plan review, the bond requirement for necessity and amount will be evaluated at that time. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Point O'View Elementary Greenwich Road 6,526 ADT 9,900 ADT Existing Land Use — 530 Larkspur Middle 1,574 1,552 10 ADT Kempsville High 1,819 1,826 11 Proposed Land Use 3- 1,505 ADT (22 Morning Peak Hour Vehicles / 90 Afternoon Peak Hour Vehicles Average Daily Trips 2 as defined by 6.97 of 1-1 Light Industrial zoning 3 as defined by 224 multi -family dwelling units WATER: This site must connect to City water. There is a 48 -inch City water main along the southern portion of the site within a 30 -foot portion of a HRSD easement, and there is a 30 -inch raw water line along the eastern portion of the site within a 57 -foot utility, drainage, and access easement. A stub for an eight -inch City water main is located within the southern portion of the Norfolk Southern right-of-way coming in from South Parliament Drive. SEWER: City sanitary sewer is not available to the site. The applicant must extend the gravity sanitary sewer from Greenwich Road. The applicant must also provide sanitary sewer and pump station analysis of Pump Station #355 to ensure future flows can be accommodated. There is a 25 -inch HRSD force main along the southern portion of the property within a 30 -foot HRSD easement, and an eight -inch City gravity sanitary sewer main along the southern portion of the Norfolk Southern right-of-way. SCHOOLS: School Current Enrollment Capacity Generation' Change 2 Point O'View Elementary 404 599 25 25 Larkspur Middle 1,574 1,552 10 10 Kempsville High 1,819 1,826 11 11 ' ,generation" represents the number of students that the development will add to the scnooi 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). POLICE: A lighting plan should be submitted during site plan review. The plan should include the height of poles located in the parking lot along with the location of all pole -mounted and building -mounted lighting fixtures. The plan should also list the lamp type, wattage and type of fixture. It is recommended that full cut-off fixtures be used for parking lot lighting. HARMONY INVESTMENTS, INC. Agenda Item 18 Page 3 To ensure the ability of emergency responders to quickly locate dwellings, numerical addresses (building numbers and unit numbers) are to be displayed as required by the City Code. The color of numbers should be in stark contrast to the background color of the building surface and be clearly visible from the parking lot. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this site to be within Strategic Growth Area 3 (Newtown SGA). Strategic Growth Areas are designated to absorb most of the city's future growth, both residential and non-residential and, as such, are planned for more intensive uses than most other areas of the city. Another common characteristic is the practice of integrating, not separating, a diverse cluster of land uses. These result in a compact, yet compatible mix of uses. They include office, retail, service, hotel and, where appropriate, residential uses. (Pages 57-58) Where opportunities present themselves, development in Strategic Growth Area 3 should include mix of mid to high-rise office buildings as well as lower intensity light industrial and other non-residential uses. Some added retail uses scaled to support the local employment base may be appropriate. Evaluation: The request to rezone this site from 1-1 Light Industrial District to Conditional A-36 Apartment District for the purpose of developing the site with 224 multi -family dwellings, parking, landscaping, leasing office, clubhouse and pool is acceptable. The proposed development, considered by itself, does not comply in every respect with the recommendations of the Comprehensive Plan for Strategic Growth Area 3; however, the proposed overall project of offices, hotel, and multi -family dwellings will provide a mixture of uses consistent with the recommendations of the plan. As previously noted in this report, the applicant has secured this site as well as the sites north of Greenwich Road adjacent to Interstate 1-264 and plans to develop those sites with offices and a hotel. The proposed 1-264 flyover connecting Greenwich Road with Cleveland Street, north of 1-264, is planned to the west of this site. When the flyover is developed, a cul-de-sac will be developed on Greenwich Road east of the site, terminating any through traffic from Witchduck Road to Newtown Road. The applicant's proposed Greenwich Village will then be a truly integrated development, as Greenwich Road at this location will have no through traffic. It must also be noted that the Light Rail Transit (LRT) from downtown Norfolk to the Norfolk / Virginia Beach border will terminate at Newtown Road, less than a mile from this site. The applicant proposes to market to young professionals who will work in the future offices across Greenwich Road or utilize the light-rail system as means of travel to and from work in Norfolk. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The HARMONY INVESTMENTS, INC. Agenda Item 18 Page 4 applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, Grantor shall develop the dwelling units upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated October 31, 2008, and titled "Conceptual Site Layout and Landscape Plan of Greenwich Village, Greenwich Road, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the structures shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by Cox, Kliewer & Company P.C. dated October 31, 2008 and titled "Conceptual Apartment Building Front Elevation; Greenwich Village; Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the 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 as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated October 31, 2008, 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. 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. HARMONY INVESTMENTS, INC. Agenda Item 18 Page 5 Z71 w I o � C L bA v � a c �s 0 U c oc n CU cm c c U > e s t PROPOSED SITE PLAN HARMONY INVESTMENTS, INC. Agenda Item 18 Page 7 CL H n y iN C 1r N ID tLd I m pp o^^ A NN c re G . N C. N C u p tpp 141 �p a` Vf h 0 c�`"$ u �cG CO o CA0u7a d�a0s6 o � C L bA v � a c �s 0 U c oc n CU cm c c U > e s t PROPOSED SITE PLAN HARMONY INVESTMENTS, INC. Agenda Item 18 Page 7 �41 J PROPOSED SITE PLAN ENLARGED HARMONY INVESTMENTS, INC. Agenda Item 18 Q \ � d % 2 3 g $ HARMONY INVESTMENTS, INC. Agenda Item ]S Page 9 § § i } L } \ \ zq� E\) Lm f..� k� ? |ƒ } q <o� __� §§\) /</ Q \ � d % 2 3 g $ HARMONY INVESTMENTS, INC. Agenda Item ]S Page 9 -3 Ag "Na. � 1!7171711-7. 37F 1 03-26-1984 1 Rezoning R-5 to 0-1 Granted 2 1 10-23-1989 1 Conditional Use Permit Auto Repair) Granted ZONING HISTORY HARMONY INVESTMENTS, INC. Agenda Item 18 Page 11 Lij DISCLOSURE STATEMENT 6� APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SEE ATTACHED LIST 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHED LIST ❑ 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) SEE ATTACHED LIST 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHED LIST ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes EL No Z If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 of 12 Revised 11!18!2008 HARMONY INVESTMENTS, INC. Agenda Item 18 Page 12 r 4M 11 DISCLOSURE STATEMENT 11 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) cony Investments, Inc. P.C. Kliewer & Company, P.C. ox & Savage, P.C. and Company, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in deter mining 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. Applicant's nature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 HARMONY INVESTMENTS, INC. Agenda Item 18 Page 13 PROPERTY OWNER DISCLOSURE Item 1: 310 East Street, LLC o Mark F. Garcea o Page S. Johnson. 11 Item 2.- Manufacturing :Manufacturing Properties: M & G Electronics Corporation Marine & Industrial Plastics, Inc. 889 Seahawk Circle Highway 17 N Virginia Beach, Virginia Pollocksville, North Carolina Commercial Properties: Northampton Executive Center Branch Executive Quarters 1300 Diamond Springs Road 4012-16 Raintree Road Virginia Beach, Virginia Chesapeake, Virginia Greenbrier Executive Center Crossway Center 1413-17 Battlefield Boulevard 1435 Crossway Boulevard Chesapeake, Virginia Chesapeake, Virginia 58' Street Warehouse. LLC 310 East Street, LLC 17 Acres - Greenwich Road 6.98 Acres - Greenwich Road Virginia Beach, Virginia Virginia Beach, Virginia Retail Shopping Properties: Kristal Lake Shores, Inc. Woods Comer Shopping Center 5300 Shore Drive 1920 Centerville Turnpike Virginia Beach, Virginia Virginia Beach; Virginia Guest Service Properties: Ramada Limited Super 8 3108 Atlantic Avenue 2604 Atlantic Avenue Virginia Beach, Virginia Virginia Beach, Virginia Hampton Inn Wyndham Virginia Beach Oceanfront 701 Woodlake Drive Oceanfront & 5716 Street Chesapeake, Virginia Virginia Beach, Virginia Four Points by Sheraton Hilton Norfolk Airport 351 York Street 1500 N. Military Hwy Williamsburg, Virginia Norfolk, Virginia DoubleTree Hotel Ramada Inn 1776 1900 Pavilion 725 ByPass Road Virginia Beach, Virginia Williamsburg, Virginia Hampton Inn & Suites Norfolk Airport Hampton Inn & Suites 1511 USAA Drive 1421 Battlefield Blvd Norfolk, Virginia Chesapeake, Virginia DISCLOSURE STATEMENT HARMONY INVESTMENTS, INC. Agenda Item 18 Page 14 APPLICANT DISCLOSURE Item 1: Harmony Investments, Inc. o Mark F. Garcea c) Page S. Johnson, 11 Item 2.- Manufacturing :Manufacturing Properties: M & G Electronics Corporation Marine & Industrial Plastics, Inc. 889 Seahawk Circle Highway 17 N Virginia Beach, Virginia Pollocksville, North Carolina Commercial Properties: Northampton Executive Center Branch Executive Quarters 1300 Diamond Springs Road 4012-16 Raintree Road Virginia Beach, Virginia Chesapeake, Virginia Greenbrier Executive Center Crossway Center 1413-17 Battlefield Boulevard 1435 Crossway Boulevard Chesapeake, Virginia Chesapeake, Virginia 58"' Street Warehouse, LLC 310 East Street, LLC 17 Acres — Greenwich Road 6.98 Acres — Greenwich Road Virginia Beach, Virginia Virginia Beach, Virginia Retail Shopping Properties: Kristal Lake Shores, Inc. Woods Comer Shopping Center 5300 Shore Drive 1920 Centerville Turnpike Virginia Beach, Virginia Virginia Beach, Virginia Guest Service Properties: Ramada Limited Super 8 3108 Atlantic Avenue 2604 Atlantic Avenue Virginia Beach, Virginia Virginia Beach, Virginia Hampton Inn Wyndham Virginia Beach Oceanfront 701 Woodlake Drive Oceanfront & 511° Street Chesapeake, Virginia Virginia Beach, Virginia Four Points by Sheraton Hilton Norfolk Airport 351 York Street 1500 N. Military Hwy Williamsburg, Virginia Norfolk, Virginia DoubleTree Hotel Ramada Inn 1776 1900 Pavilion 725 Bypass Road Virginia Beach, Virginia Williamsburg, Virginia Hampton Inn & Suites Norfolk Airport Hampton Inn & Suites 1511 USAA Drive 1421 Battlefield Blvd Norfolk, Virginia Chesapeake, Virginia DISCLOSURE STATEMENT HARMONY INVESTMENTS, INC. Agenda Item 18 Page 15 Item #18 Harmony Investments, Inc. Change of Zoning District Classification 5321 Greenwich Road District 2 Kempsville March 11, 2009 REGULAR Donald Horsley: The next item is item 18, Harmony Investments, Inc. An application of Harmony Investments for a Change in Zoning District Classification from I-1 Light Industrial District to Conditional A-36 Apartment District on property located at 5321 Greenwich Road, District 2, Kempsville. Warren Tisdale: Good afternoon. My name is Warren Tisdale. I'm an attorney. My office is at One Commercial Place, in Norfolk. We also have offices at Town Center. I'm pleased today to be here to represent Harmony Investments, which is the applicant. Harmony is represented today by Brooks Johnson. I also have with Bob Miller and Mike Perry, both of MSA. When I was here before you last time, and I won't repeat all of my comments again, but try to stress two things. One was quality. I told you about the team that had been put together to come up with a conceptual plan for this property, and the team that came up with the elevation. We created the kind of team that knew what they were doing, and they put together a quality product. The construction costs for this proposal are in the neighborhood of $28 million dollars, so it warranted that kind of treatment. What you did not have before you last time and what you now have, and I understand the booklet was circulated at the informal meeting this morning, were some illustrations, which sometimes when you look at things like this they seem to be a little sterile. You don't get a feel for what they look like at street level. The material you saw this morning gave you some perspective that really gives you an idea of the quality of the materials and the quality of the design that is going to go into this. The qualities and materials, again, they are all focused towards creating the kind of environment that attracts young professionals. There is a pool. There is a workout room. These are amenities that we think would make this attractive to that demographic and the kind of people that we would like to see live there. You saw in the materials also that in terms the spread on the types of apartments, I think there are 96 singles, 122 doubles, 2 bedrooms and then 6 three bedrooms. Again, that spread, and the rents running from $1,100 to $1,700 projected, all fits our plan, and backs up with what it is we tell you that we want to do there. Other than quality, what I stressed was location. I stressed that the location was in Strategic Grown Area 3, and again that needs repeating. It is in a Strategic Growth Area. As you all know too well, those are areas that are designated by the policymakers as appropriate for more intensive development with the idea to concentrate development along certain arteries or certain gateways so that you can get a handle on the sprawl that otherwise would affect you. If you look at the Comprehensive Plan, the Strategic Growth Plan, I think as the staff report noted, what we're proposing when considered in the context of Greenwich Center as a whole in addition to the apartments that are planned here does fit within the Comprehensive Plan. A couple of other things about location is that it is on I-264. Item #18 Harmony Investments, Inc. Page 2 Unfortunately, while some of the things that I'm going to talk about later to get this away from the automobile to a great extent of getting around Hampton Roads involves getting to one of the main highways like I-264 or getting on the interstate system. Having this many residents close to that highway says they are not spending a lot of time on neighborhood streets getting to the main roads to go to other towns or other cities or other locations in Hampton Roads makes a lot of sense. Another thing about the location that makes good sense is that it is very close to Town Center. Again, I don't have to speak to this group about the critical mass that the city is seeking there. This many units very close to Town Center creates the kind of demographic that hopefully will tend to congregate around Town Center to use the facilities, to use the amenities, the restaurants that are available now, and are going to be available there in the future. Finally, looking towards the future and looking away from the automobile, this location is only a mile away from what is going to be the Newtown Station for the Light Rail. Right now, that only gives you a perspective westward. Hopefully, in the future, we might be able to look eastward, but now, for somebody who lives in those apartments, it will be a short bicycle ride or a short jaunt to get on the Light Rail if they were to choose to live in Norfolk. That is another reason, again it sort of ducktails nicely with this City's designation of Strategic Growth Areas. Now, Strategic Growth Area 3, when it was created, it was acknowledged there is a neighborhood, Point O' View there, of course, which is R-10 district. And, the line had to be drawn somewhere and it was drawn, I think in a manner where again, the policy makers and the planners decided that it could be drawn with the least impact on single-family neighborhood. And, the natural or the existing barrier that exists there of course is the railroad tracks, the railroad tracks, in which the Light Rail would run, if it doesn't continue eastward. Now, the railroad tracks essentially seal off any vehicular access between this development and the neighborhood to the south. Greenwich Road runs from Newtown Road to Witchduck, and really there is no connection between to get back into these neighborhoods. You saw in the staff report the trip generation information on how many trips would be created for purposes of getting on Greenwich Road. It would be an interesting to say how many vehicles are gong to come from this project into the neighborhood in Point O' View along Parliament and Academy. And the answer would be zero because there is no way to get there. The only reason for them to go to the neighborhood is if they had a friend or an acquaintance there who they wanted to visit. So, that is why the railroad tracks and the traffic situation provide a good buffer for what otherwise is encouraged by the Strategic Growth Area. It's true that there are about 10 houses, I guess along Academy or Parliament who backup to the railroad lines now. Their backyards are right on the railroad line. The railroad property is 66 feet deep, and then, the first building is 75 feet beyond that. So, there is some separation. We can't do much about the visual impact. But the fact of the matter is if these works are going to have neighbors they do not have before. Everybody likes the idea of comparing to what you propose to what is there now, which is nothing but of course the correct analysis is what might otherwise be developed there, and you can't always rely on that property being vacant. So, what we're proposing now, as I understand was also circulated at the informal meeting is to provide a six-foot high privacy fence along the south side of the subject property. We propose the following plantings on the outside of the fence, large deciduous shade trees, evergreen shrubs, and ornamental flowering shrubs with the purpose being to provide screening for the adjacent neighborhood. You can see this perspective is somewhat from the Item #18 Harmony Investments, Inc. Page 3 neighborhood looking up to where you can see the tracks, the fence with the landscaping on this side. I think there was a comment at the information meeting about sort of the stalk appearance of the fence looking at it from the inside. We also propose to put not the same level of landscaping but some evergreen type shrubs on the inside of the fence also, again, with the idea of trying to provide some visual shield from the perceived impacts of the apartments on the neighborhood. Again, I think we got a quality project. I think we got a good location. I know the people in Point O' View would rather we did something else. We met with a group of them at the direction of the Planning Commission on February 23, 2009. They had a group of very well-prepared people who had done their homework. We sat down and had a very respectful direct meeting. As might have been expected, there wasn't much room for compromise, I don't think on either side. But we did, I think, certainly in a civil fashion, discuss the issues. We did let them know what our approach was, and they were certainly articulate in expressing their comments on that, but we did meet with them, I think, under very good circumstances. Janice Anderson: Thank you for meeting with them Mr. Tisdale. Thank you. I got a question. What is the height of the fence you're proposing? Warren Tisdale: Six feet. Janice Anderson: Are there any other questions? Ronald Ripley: I got a question. I appreciate the additional elevations that you provided. They don't clarify some things. As you can see on the previous ones submitted, and they show quality, with the brick and the rock cast and different materials but a couple of other questions. These are just details. Railings and your proposed columns, and what kind of material would this be made out of? Warren Tisdale: Bob Miller is here and he might the right person to address that to since I don't know the answer. Ronald Ripley: Is it fiberglass columns. The reason why I bring it up is we want material that will last. Robert Miller: I am Bob Miller with MSA, and the architect was here Henry. I am sure he was. He's gone. Henry Livas: Okay. Robert Miller: I apologize. But yes it will be vinyl and or acrylic type finishes so they are maintenance -free. But I am not an architect. David Redmond: That is what you keep saying. Item #18 Harmony Investments, Inc. Page 4 Robert Miller: No. I kind of remind them, because we had a nice discussion a couple of weeks ago about this. Ronald Ripley: Thank you sir. Janice Anderson: Are there any other questions for Mr. Tisdale at this time? Thank you. Warren Tisdale: Thank you. Donald Horsley: The first speaker in opposition is John Settle. Janice Anderson: Welcome sir. Please state your name for the record. John Settle: Madame Chairman, Vice Chairman, Commission Members, and staff. Good afternoon. My name is John Settle and I live at 5201 Academy Court. Before we get started, if we could see these secret documents for the first time, and that would be great. If we could move them to where we could see the Commission members as well? There are a lot of people who are blocked. Janice Anderson: Mr. Tisdale do you mind? Have these seen these elevations yet? John Settle: We have not seen these at all. I want to thank you for the 30 day deferral that you allowed for the applicant, Harmony Investments, to meet with Point O' View to come to an agreement. I wish I could report a positive outcome from that meeting. As their representative related, there was no compromise. Not from our side. We came there willing to think completely out of the box and I will just tell you right now, they would not come off of A-36 period. But let me get into what I wanted to tell you. A delegation of five Point O' View residents met with Harmony Investments and their representatives, me being one of them. We went to this meeting with an open mind and a willingness to work together to reach a fair and equitable solution. In our meeting, we asked if there were any other uses that Harmony might consider other than A-36. Completely off the chart, we were asking for anything such as assisted living or any lower -density residential use. Harmony's response was that A-36 was the one and only option that was on the table for discussion. In this meeting, we inquired if they would provide any protection to the Point O' View neighborhood from the high density apartments, and initially, a wooden fence, but now I understand it is a plastic fence, shrubs, and a redirection of the light. We attended this meeting in good faith and to show due diligence, but the applicant was adamant in the A-36. There was no compromise. No amount of buffers can overcome the shear size and scope of this proposed structure. I do want to point out to the Planning Commission that this property is located in Strategic Growth Area 3. Everybody wants to keep dropping the numbers. Three is Newtown. It is not Pembroke. It is not Strategic Growth Area 4. The map on the Comprehensive Plan clearly shows on page 66 that we are in 3 and not 4. And also the recommendations on page 67 of the Comprehensive Plan and I quote, " where opportunities present themselves development in this area should include a mix of mid to high rise buildings as well as lower intensity light industrial and other non-residential uses. "That is Item #18 Harmony Investments, Inc. Page 5 the contract that we have with the City of Virginia Beach. We are here to ask the Planning Commission to uphold the recommendations of the Comprehensive Plan, the Strategic Growth Area document, and to protect our homes from this multi -family intrusion by voting no to this rezoning request. We have made the largest investment of our lives in our homes knowing that we live adjacent to I-1 Light Industrial zoned land without question for all of these years, some of them over 33 years. Our industrial neighbors have been good neighbors in the past. Greenwich Road is mostly complete with industrial and offices such as Hoffinan Beverage, the Virginian -Pilot, ECPI, and other high quality businesses. We are not asking for the character of this area to be changed but to leave it as it is presently zoned and have the applicant redevelop it under these guidelines. We do not object to development. We just want this property to remain light industrial, as all other property along Greenwich Road. We definitely need the light industrial for the much needed jobs in this economy. I am representing the neighborhood and have presented a petition with over 200 signatures. If I could have those people stand up now please for the circulation. And I might add that is a 98 percent signing. The two percent are the people that are retired and in Florida or are deployed in the military. We have several military families in our area. I thank you for your time and concern over this request. I'm available for any questions, and as you can see by the turn out, we're very passionate about this topic. Thank you. Janice Anderson: Thank you very much Mr. Settle. I thank everyone for coming down. Are there any questions of Mr. Settle? Go ahead. Eugene Crabtree: I got one question. You said that when you met with the developer that they were unwilling to give whatsoever in their compromise. It appears to me that neither side was willing to give. Am I true with that statement? John Settle: No sir. I think and I can rephrase this back to you. What would you think would be a fair compromise, fifty percent of thirty-six? Eugene Crabtree: I'm just saying. You said they wouldn't compromise. You also have indicated that you did not want to compromise; so, the meeting did not come to any fruition right? John Settle: We offered less than A-36, whether that is A-24, A-18, which is a fifty percent, which is a compromise. And they said we could stop right there. We're not coming off of A- 36. Eugene Crabtree: Okay. Janice Anderson: Are there any other questions? Kathy Katsias: So, if we were going to ask you today, what would you compromise A-24? What were you going to suggest to them if there was a compromise? Item #18 Harmony Investments, Inc. Page 6 John Settle: I think that this late in the game for us to try to circumvent the Planning Commission's documents and the Strategic Growth Area, I don't think it is fair for us. I think the Planning Commission is the organization that says that we should stick to Strategic Growth Area 3. We feel A-24 is the maximum we would even consider much less what the neighborhood says. Obviously, I think A-24 height limitation would be far more palatable than an A-36. Now, am I going to say that I'm gong to agree to that? We would have to look at the elevations and things of that nature. Again, as we alluded earlier, there was more outside of the code that's inside the code. I can't tell you let's go A-24 without acknowledging that if you live by the sword, you die by the sword. We have lived by that document as well. Janice Anderson: Thank you. Go ahead Al. Al Henley: Mr. Settle, and I've spoken to a number of people in your community, there seems to be a lot of opposition because of the height of this huge structure that is proposed, which are four stories. Would reducing it to three stories, would that appease your neighborhood to some degree? John Settle: I think it would be very much in the right direction. Yes sir. Al Henley: Or would you see across the street. I know that across the street from Greenwich Road, there are some professional buildings and offices. If this plan was flipped -flopped, how would the community feel about that? John Settle: I think the community would embrace it even greatly. That was one of the ideas that we brought to the table. Could we slide the apartment complex on the other side of the street? Maybe move some of the offices over here. We also asked them in that same line of thought is can we do these developments at the same time. We seem to be putting the cart in front of the horse, and we just felt there were other motives for sticking to their A-36. Yes, I totally agree. We would really rather have the light industrial on this side, which is currently zoned with and have those buffers than have that tall structure of four floors. A] Henley: Okay. Thank you. John Settle: Yes sir. Janice Anderson: Are there any other questions? Thank you. John Settle: Thank you ma'am. Donald Horsley: Our next speaker is Marcellus Heath. Janice Anderson: Welcome sir. Marcellus Heath: Good afternoon, Madame Chairman and Commission members. My name Item #18 Harmony Investments, Inc. Page 7 is Marcellus Heath. My wife and I have lived at 116 S. Parliament Drive for 28 years. We raised our daughter at this address, and from the first grade up through college. In 1980, when we were thinking of purchasing another home, we contacted a real estate agent and told her we were looking for a quiet neighborhood in a very stable area, preferably in the Kempsville section of Virginia Beach. She came back to us in a couple of weeks and told my wife that she had found a perfect house for us. I was out of town at the time so my wife called me, and she was so excited that I could hardly wait to get back. When I returned, and we both visited the property, we immediately decided that it was the home and the neighborhood for us. Through the years I have come to realize that most of the families still living in the area were original occupants or builders of the homes, which they presently occupy. And a number of instances when homes have been sold, the sons and daughters who were raised in the neighborhood are now occupying them. This is evidence of the stability that we have witnessed in this neighborhood. My wife and I, now in our retirement years, are looking forward to remaining in our home as long as health permits. We are therefore opposed to the introduction of multi -family dwellings in the area, both from an aesthetic point of view and we are concerned with the possible financial effect on our property and the lowering of values. Therefore, we, along with an overwhelming majority of our neighbors, who you have seen stand here, are asking that you recommend denial of the request to rezone the property under consideration from I-1 to A-36. We thank you for your indulgence and for your consideration. Janice Anderson: Thank you Mr. Heath. Are there any questions for Mr. Heath? Thank you. Donald Horsley: Our next speaker is William Dudley. William Dudley: Madame Chairman, Commission and staff. My name is William Dudley, and I live at 521 Executive Boulevard in Point O' View. I've lived in the Point O' View neighborhood for 17 years, although I look very youthful. You never knew that. And, I'm also the president of the Point O' View Civic League. When we were meeting with the neighbors talking about this proposed project, and walking door to door, and talking with them, by a large margin, the number one question that came up time and time and time again was how is this going to affect the security of our neighborhood? Now, crime in a high - densely populated area is no secret. It goes up. And by putting a highly -dense development right at the foot, congruent to our neighborhood, can only do one thing if it follows trends and that is increase the crime rate. Walk through crime rate and things of that nature. Actually, I went on to the Virginia Beach website, the Police Department and the crime report from January 1, 2009 through March 9, 2009, reports significantly more crimes in an adjacent, highly densely populated neighborhood that is adjacent to our neighborhood. It is across the other side of Parliament. But, over twice the crime, the walkthrough crime, as it relates to walk through crime through our neighborhood that goes back to that other highly densely populated neighborhood is referenced there. They can build fences. They can build berms. They can plant shrubs. But none of that is going to stop walk-through traffic, crime, and that is going to be associated with a dramatic increase in population. So, the question that our neighbors have for you is, are you all willing to help protect us on this issue? Thank you. Item #18 Harmony Investments, Inc. Page 8 Janice Anderson: Thank you very much Mr. Dudley. Donald Horsley: Our next speaker is Gail Settle. Janice Anderson: Welcome. Gail Settle: Thank you. Madame Chairman, Commission members, staff, ladies and gentleman. My name is Gail Settle. I live at 5201 Academy Court in Virginia Beach. In the staff evaluation, the applicant's request, it states and I quote, "the proposed development considered by itself does not comply in every respect with the recommendations of the Comprehensive Plan" or Strategic Growth Area 3. If the Comprehensive Plan means anything please vote against this proposed rezoning. The Strategic Growth Areas focuses on a higher density development that will allow retail commercial and residential uses in a more compacted geographical area. That is the model. The goal is, I believe, what the City wants to see is that we have people live, work and shop within easy walking distance. I want to specifically address the live part of this triad, as it relates to this rezoning request. I would not feel safe. Let me back up a minute. There was some discussion at the previous Planning Commission meeting about how the apartment complex as going to be connecting to the proposed office building and the hotel across the street using walkways and crossways. I would not feel safe even if there are crossings or walkways on Greenwich Road connecting these two properties. If the proposed flyover is built, a pedestrian would feel even less secure due to the influx of traffic. My point is that this area is not pedestrian friendly. The plan review addresses an increase in traffic, and it make sense that traffic will increase with this residential complex, but if I were a parent or a young professional out for a jog, I would be concerned about the traffic, but not only that but concerned about the type of vehicles traveling up and down Greenwich Road. I'm still continuing with the live part of the triad. Noise would be a concern and greatly impacts the quality of life, and I hear the interstate actually everyday from my home. And this complex would be even closer to the interstate than my home is. When and if we get Light Rail, I see this complex as being subjected to noise from all sides regardless of how each of the three buildings are positioned on the property. Amenities are not very many. Down the street there is a Ruby Tuesday and a Denny's. What about necessities? A grocery store or a laundrymat are definitely now within walking distance? My point is that the complex is not suitable to the City's model of live, work, and play. To summarize, I think viable planning supports growth and tax revenue. The City knows this. That is why we have guidelines such as the Comprehensive Plan. This is a stand-alone community. It is out of place. It's an elephant in the room. It's a spaceship. Point O' View is a stable beacon of light. By approving this zoning change you will dim this light forever. Thank you. Janice Anderson: Thank you Ms. Settle. Are there any questions? Thank you ma'am. Donald Horsley: That's all the speakers. Janice Anderson: Mr. Tisdale? Item #18 Harmony Investments, Inc. Page 9 Warren Tisdale: Thank you. Jay Bernas: Jan? Janice Anderson: Yes. Jay Bernas: Is it appropriate for me to ask staff a question now before we go to rebuttal? Janice Anderson: Yes. Jay Bernas: Can I ask Mr. Whitney a question? Jack Whitney: Of course. Jay Bemas: This is related to the Strategic Growth Areas. I guess my concern is that where we're at with the Strategic Growth Area 3, is that we haven't started any of the Charettes or anything like that yet, and looking at what we have in the Comprehensive Plan, you know, is says where appropriate residential uses. And part of the Strategic Growth Area processes, you get the public involved. You have these Charettes. With the number of people here, my concern is that once we get to that Charette part, they're not going want residential in this area. So, the thought that they're appropriate to have residential uses, you know, in getting the public input. I mean it's like they're almost all here. I guess my concern from a Strategic Growth Area standpoint, what do you think could come out of this? Because Newtown is a little bit different. It is different than Pembroke. This one sounds like it is more non- residential and residential where appropriate. Can you talk a little bit about Newtown in general? Jack Whitney: The good news about that is that we have identified funding and are getting ready to publish and advertise a request for proposals to begin that process, public involvement in more detail in planning, and up to date future considerations, that this Strategic Growth Area can play given today's realities. We've got for example 12 to 13, kind of if you include the Resort Area current Strategic Growth Areas. Less than half of them would have as a compatible use residential development due to AICUZ impacts. This would be one of those that residential would not be ruled out given that consideration. It buts up against Strategic Growth Area 4, Pembroke, and that same process is well underway right now in Pembroke, and it is going quite well. We would anticipate that the Newtown Strategic Growth Area process, which would include these kinds of Charettes that you mentioned, including all of the residents and all the other stakeholders that care to participate will begin, hopefully in late Spring, and that process would take 4 to 6 months. It is what our experience has been in other Strategic Growth Areas. We would look at a number of different options and scenarios, which may or may not include residential development. We know that it is a heavily industrially zoned corridor. There is almost no residential development in the Strategic Growth Area as it is current configured. Not saying that we might make some changes to what we find geographically as the Strategic Growth Area. We're really excited about getting to that detail work. It has been a real pleasure where we Item #18 Harmony Investments, Inc. Page 10 have done it in the other Strategic Growth Areas. The possibility of Light Rail running through this corridor is a possibility. No decisions have been made officially yet, but we are in negotiations as everyone is aware to acquire the right-of-way along this property from Norfolk Southern Corporation. We also know that improvements to I-264 including a flyover at Greenwich Road, is a very high priority project. Unfortunately, the funding for that is unclear at this point. Also unclear is when exactly those improvements could be made given the economic situation we all find ourselves in. Those plans include the cul-de-sacing of Greenwich Road. The role that Greenwich Road plays now is to be dramatically different if, and when, that project is built. It will be cul-de-sac. It will be a gateway between this Strategic Growth Area and the Pembroke Strategic Growth Area. The traffic will flow down Cleveland Street. You can see it up in the corner (pointing to PowerPoint). So the dynamics of the area will change. I'm not sure exactly what the timetable would be in all that. We've discussed all that. The applicant is well aware of all of those issues converging in this part of the city. We have encouraged mixed-use development as a planning principal in our Strategic Growth Areas. They are designed and intended to accommodate tremendous amount of future growth and redevelopment in the City. They were designed for that purpose. And where it is appropriate and on the basis of a lot of public input, there might be higher densities and different mixes of uses, including lots of trails and connectivity as part of the outcome of that process. We've encouraged the applicant, who also is involved in the properties on the other side of Greenwich Road, to look at planning and design concepts that would allow for more future integration of the parcels and opportunities for bike paths and other kinds of ways for people to connect and flow through this Strategic Growth Area. So there is a lot getting ready to happen right now. We feel at this point, in viewing this particular proposal, the concept of mixed-use and tying it together is consistent with the approach that the Comprehensive Plan has taken up until now, speaking of which, we are also heavily involved in the updating of that plan. The Comprehensive Plan was prepared, as you well know, in 2003. There has been a lot of changes in the community since then, and we've got to rethink a lot of the recommendations that the 2003 Comprehensive Plan included and our revision of that. So, there is a lot going on: Strategic Growth Areas, Comprehensive Plan update, major road and mass transit improvements. So, we're trying to take all of that into account. One of things that we are particularly proud of is the intensive degree of public involvement. As we move forward both on the Comprehensive Plan and the details of the Strategic Growth Area work, we certainly hope the folks here will, regardless of what happens with this particular application, join us and come together in a forum like this, and try to arrive at a community consensus for how we evaluate proposals like this and others in the future. Janice Anderson: Mr. Tisdale? Thank you. Warren Tisdale. Just a few points. The number of units that we have requested is 224. It is A-36. That is what we're asking for. What we're asking for is ten percent below what we would be entitled to under A-36. So it is not like were trying to cram as many units in there as we can. I'm not sure what the height is of the Virginian -Pilot manufacturing facility, but in terms of scope and scale and looking at things, it is has been there for a number of years I think it is approximately the same height as what we would be building. Certainly, the Item #18 Harmony Investments, Inc. Page 11 comments of the residents are well taken. But I'm especially interested in the comments of those who are actually right by the railroad. Certainly, if anybody has a reason to come up to tell you what they think about it, it's those ten houses. The rest of the neighborhood, and I know they have a great turnout here today, but the rest of the neighborhood, I think geometrically as you move away from it, certainly the scale argument loses a lot force. In the office buildings that we would put there in any kind of perceived switch would also be very high. They would have to be six stories. We have always assumed or least we can work with either plan, the Greenwich Road is cul-de-sac. That is okay. If it is not, that is okay. That really doesn't effect what we think we could do there to create this really great apartment of development, again to sort of hit on this response to various things that we've brought up. Thank you. Janice Anderson: Thank you. I have a question for Faith if I could? What's the height restriction for A-36 and what is the height on I-1? Faith Christie: It is double the distance of the building to the centerline of the road. Janice Anderson: Run that by me again? Faith Christie: Double the distance of the building to the centerline of the road. Janice Anderson: Okay. Faith Christie: So, if you're 60 feet from the centerline in the road, 120 foot in height. Janice Anderson: Okay. Karen Lasley: In the industrial, there is no rear line setback back there because it's the railroad right-of-way. Janice Anderson: So, they can build right up to their property line, and then, it could be a rather large structure there? Karen Lasley: Yes. Janice Anderson: Yes. Faith Christie: And the height for A-36 is 120 feet. Janice Anderson: 120. Kathy Katsias: Industrial is the same. Faith Christie: It could be more than that depending on how far they set their building back. Item #18 Harmony Investments, Inc. Page 12 Janice Anderson: Okay. Thank you. I'll open it up for discussion. Go ahead Henry? Henry Livas: I have a question. If we lowered it down to three stories, does that impact a lot on the rent and make it not economically feasible? How would that affect you? Warren Tisdale: Certainly, I don't know if it would impact the rents, but taking it down to three keeps you from getting the units that we need to make it work. We lose a quarter of the units. David Redmond: Ms. Christie? Let me ask you something. A number of speakers made reference to this, which is the application is not in every way conforming to the Comprehensive Plan. Can you give us a thumbnail sketch of the ways in which it does not? Is that easier than Jan's question? I thought Jan's question was hard. Faith Christie: No. Actually the application as a stand-alone application does not comply with the Comprehensive Plan. David Redmond: It's the mixed use of it. Faith Christie: It's the mixed used of the proposed overall development for the property to the north of the offices and the hotel that makes it comply with the Comprehensive Plan. David Redmond: Okay. My view, Mr. Ripley mentioned this morning and I sort of agree with him, I view this as a stand-alone site. If you look at the two together, they are about as funny as the point at the end of that property, and that kind of activity is going to be extraordinary in terms of making them function as one integral unit. But that is a challenge. It is not a death sentence in my view. I will say this though. And I'm still struggling with this and I'm struggling with it for a couple of reasons. For reason number one is because there is an awful lot of people who oppose it. But, with all that said, this is an area where we intended for growth to occur. It is a Strategic Growth Area. As we get into the Strategic Growth Area process, and it begins to work out over not just this spring, but over years, we are going to run into some places we have not been before. And, this is a little bit different. I will say this to the folks who oppose it. I don't see frankly, the enormous attraction to I-1 Light Industrial. There are a lot of things in I-1 that are not all that much fun. This building to me looks an awful lot more attractive than does the Virginian -Pilot plant. Traffic that would be involved with it will be at least residential as opposed to newspaper trucks at 5:00 in the morning. My father built an office on Greenwich Road probably about 40 years ago. I've been up and down it my entire life before he died. So, I'm well familiar with it. I frankly think that the addition of more diverse uses other than simply light industrial would probably be good thing. And, I do think that what we have seen today is better than what we saw a month ago. I am concerned, and I don't know what my answer is but I would not wed myself to I-1 Light Industrial. There are plenty of things there can turn out badly and turn out ugly and turnout undesirable. It is not going to remain as it is today. It is not simply going to be a vacant property so, with that. Item # 18 Harmony Investments, Inc. Page 13 Janice Anderson: Thank you Dave. Jay? Jay Bernas: Initially, I thought that the plan was fine. It had mixed-use. It was higher density. That is what we wanted in the Strategic Growth Areas, but after seeing the significant turnout, from the adjacent neighborhood, my bigger concern is how does this development fit in the big picture of Strategic Growth Area 3? My biggest concern is that since we haven't gotten started with that strategic planning, and we haven't had these Charettes. In those Charettes, you're in there hands-on trying to help shape their community. And, I'm just concerned that we're just looking at this small piece of the puzzle and the big puzzle and the big picture of the Strategic Growth Area, and that if we were a little bit further along. If we had the Charette process, but I'm guessing they want I-1. I wouldn't be comfortable living next to I-1 honestly, but that is what they say they want. We've got to listen to the community. That is what we are here to do. For me, initially like I said, I thought it was a decent plan, but now taking a step back and looking at the big picture, listening to the citizens, I'm not sure I can support it. Janice Anderson: Thank you Jay. Ron, then Al. Ronald Ripley: A couple of things, and I'll echo what Dave said about the Strategic Growth Area. The purpose of the Strategic Growth Area is to find an area that we can actually grow as a city, and not grow out into the neighborhoods. You run into clashes, as this is what we have here, or right abutting a neighborhood. And, I think that brings up a point that, and it is a valid point too, but it is a point that was addressed in the Pembroke Implementation Plan that we have just been working on, where there were concern when we were looking at the Strategic Growth Area and any area that is adjacent to a residential area, the concerns were exactly this. They try to buffer proper so there is a good relationship between the neighborhood and the increasing Strategic Growth Area growth, if you will. I think the applicant has attempted to address this by providing the fencing and the landscaping that will eventually grow to be a substantial buffer. I think in the process of the light rail, and we are going to be going through that process, that part of it ought to be the consideration of a buffer on the other side of the right-of-way that buffers their property as well. In fact, that could be part of the overall infrastructure. And, I just don't bring this neighborhood up. It is the neighborhood that we're talking about right now. But that is actually the case along the light rail, and the Charettes that we have just been through. Those were the discussions. That was very important. Those kinds of buffers could be developed to help ensure the quality of the neighborhood. There is going to be this clashing, and when you get the light rail running up and down there that is going to be a noise element. There is a noise element from the road, and I know that because we own property near the roads too. You do get this elevated noise level coming off the expressway. A positive thing, and I know the height seems to be negative, but a positive thing is a massing of the building, which helps insulate the sound to the neighborhood. That is a very positive thing. I'm telling you that anytime you raise the level of the road, and that expressway is a raised elevated road, you get a higher level of noise coming off of it. And this will help buffer those noises as would an industrial building too. I'm not overlooking that. I'm just saying that one of the benefits of the height of this building is the buffering of noise. I think the application is, and I'm going to support the Item #18 Harmony Investments, Inc. Page 14 application. I think they have addressed the needs, and I think they have tried to address the concerns of the residents the best they could do, and I will be supporting it. Janice Anderson: Thank you Ron. Al? Al Henley: I try to keep an open mind on everything that comes before the Planning Commission, and I have given this a lot of thought. I've spoken to the applicant a number of times. I greatly respect him, and have known him for a very many years. But, I think the key element here is. Let me back up a little bit. The City of Virginia Beach in the early history has been criticized greatly for its poor planning and for not allowing to spot development and whatever comes out of that it is, what we thought at that particular time was a great opportunity for the City and the citizens go live in, and we learned from that poor planning is that those neighborhoods are those strip shopping centers today because of the aging and because there is a lot of recent spoil o that. Those things do not fit properly in a residential neighborhood or even a business district. We, the City, said we need to do some hard work. We need to involve our citizens more. How many times have we heard City of Virginia Beach, please include us? We are the taxpaying citizens and we need to be heard. We need to please listen to us, and working together we can develop a plan that hopefully will be a win-win situation. Right now the City of Virginia Beach, again the Planning Commissioners and the staff, have been wonderful to work with, is going through the City's Comprehensive Plan. We've had public meetings. We've had numerous positive comments from our citizens. And the Planning Commission says well, and we sit down, if you will around the roundtable, and we see what is good. What is bad? What's maybe? And we may jumble it up and we took away from things. We put strong points here. We take away the weak points. And hopefully with the Comprehensive Plan we're going to develop very soon, is going to be the shining star in the City's Crown and it is going to be the best we've ever had. I think, really, there is nothing wrong with strategic growth, but I think before strategic growth moves along, we need to have strategic planning, and that means, as Jack has indicated, that when that develops the neighborhoods throughout the cities, regardless what strategic area your in, those areas neighborhoods will come out and a lot of good comments will come out of that. And, it will be fed back, and those are wonderful ideas, just like we said about the Comprehensive Plan. I think that is the most important thing. I think I'm not really sure what is good for this neighborhood. I really don't know. I haven't seen a strategic plan. Virginia Beach is very excited about its growth. But I, for one, and I know that everyone in this room who lives here and works here, has a great deal of pride in the City of Virginia Beach, and I do in particular myself. But, when we begin to lose pride is when we begin to lose faith in our City leaders. We don't want to do that. We want our citizens to have faith in our leaders, from our Council people, our Planning Commissioners and to our staff, and if we don't listen to those people, we're not doing our job, in my personal opinion. With the light rail coming on, and I attended a half day and I was unable to attend some of the others, such as the Pembroke Revitalization Plan. And there were a lot of good leaders there. A lot of city folks. It was a long range planning. It was a 50 year plan. I don't think I'm going to be here in 50 years, but that is not the point. The point of it is that we're doing some strategic planning on what the Pembroke area Town Center will be, and what hopefully what the Greenwich Road area, and what Pungo will be, and all of these other areas, because Item #18 Harmony Investments, Inc. Page 15 we're all one giant community. We're so diverse. That is what makes Virginia Beach so attractive to so many people. So, I love to see development in the City, but this particular one, and as one lady said, it appears to be a white elephant into an area that I don't really think at this particular time of the game, that we're ready to massage. Another point is this, and Ron Ripley brought a good point, is that the raised elevation of I-264, and you do get a lot of noise, and I'm sure the resident hear some of that. Keep in mind that any kind of structure, whether it's this structure or whether it is a manufacturing plant, it is going to be hard barrier between you and the railroad. And, if that railroad comes through, the noise that is generated from that light rail is going to be reflected into your neighborhood. So, keeping in mind in this strategic planning is that they put sound barriers on the interstate. That might be something you might want to consider and keep this in the back of your mind. Is this going to be necessary? Is it a good idea? Is it a bad idea? Is it going to be unattractive? So, just keep that in mind as well. That is all. Thank you. Janice Anderson: Thank you Al. Go ahead Don. Donald Horsley: Jack, I got one question. How long have these Strategic Growth Areas been in affect? Jack Whitney: Since 2003. Donald Horsley: Okay. Do you feel that this development is still premature for the Strategic Growth Areas? Do you think that we are just not quite far enough along yet? Jack Whitney: I had offered this as an option to the applicant to consider whether or not they would entertain a deferral for the purpose of vetting this through that process. But it is ultimately the applicant's choice to move forward or request a deferral of the Planning Commission and Council's ultimate action. I would feel more comfortable about it if it were more an outgrowth of the community is vision for that strategic growth on the other end of that process. Donald Horsley: Because you know, I am like Ron. I like the project. I think it is a very good project. But I think it just may be a little bit before its time. I don't know how far away we are from it, but 2003, I don't know how many years it takes to get plans implemented, but this is going into the 6th year, and I'm just a little bit concerned about shooting a little bit early on this deal and not getting it not like it really needs to be, because back in 2002 when it was decided to have these growth areas, it kind of made a decision that we were running out of land outside, and we needed places to grow, and we designated these growth areas as places to grow, and now were getting people ready to do it, and we're going to hold them back. Jack Whitney: When they were identified, they were identified. But no detail planning was embarked upon, so they pretty much sort of sat there dormant in action. In the past year or so, we have become much more aggressive in funding and developing detailed plans in those areas as part of the Comprehensive Plan process. And in response to Mr. Bernas' question Item #18 Harmony Investments, Inc. Page 16 earlier, this particular SGA is the next one in line. We've got the money to do it. We're getting ready to advertise for RFPs, and I would anticipate by the fall of this year, that process will be complete, and we will be ready to come back to you and the City Council with a detailed recommended plan for SGA 3. Donald Horsley: For this area regardless? Okay. Janice Anderson: My concern about this was we asked and the applicant came last time. It looked like a good plan. And we asked him to meet with the neighbors to try to clear up issues with the neighbors. Unfortunately, that wasn't all solved, but there was something that came out of it. There was a fence separating the properties, which they had requested and some screening. My problem is holding the applicant up again. The SGA's have been around since 2003. I think it follows our plan actually. It asks for mixed-use residential with offices and hotel, and that is what you have now. Now, I know that people can move things around. I don't think it is proper to move the residents to the top portion, which they also own because you're going to have the flyover there. So, where they place the residential housing, and I think it is proper, and that is good planning. The other issue is that it is a rezoning to something I think is less intense. It is an I-1 zoning right now. And, as we know that the height of these buildings, industrial can be much higher than that. So, the statement is it is going to be different than it looks like now. It is going to be tall buildings stuck there. Of course, industrial could be a tall building stuck there too as it is currently zoned. It is just going to be developed now. I think they have done a good job on the elevations. It is a nice quality. It is not a wall. They have features on it. It doesn't connect to the neighborhood, which I listened to their concerns. Their concerns, and at first we heard was the crime is going to come across the light rail. And, they put the fence up there. A six foot fence. I don't think people are going to be climbing six foot fence to get over. You can't stop all crime. You fear a lot of things but I just don't see it here. They separated the neighborhood. The access to this parcel is through Greenwich Road? It doesn't come through the neighborhood. So, you're not going to have actual traffic, which e hear a lot of times when you're adding on residential that there is going to be more traffic through my neighborhood. That is not what it is going to be. If we look at reduced property values that was concern they had. I don't see that being an issue here. It is a different product here. And this is what we always wanted in the Comprehensive Plan. You wanted heavily zoned, more condense housing. SGA's and most of them around Oceana you can not put any residential there, so this is where we are earmarking it to be heavier. I do think it is appropriate. I think there is a big buffer there. I'm sorry that the neighbors don't like the proposal. I think it is better than what we have as industrial zoning. Let's see? The other thing is with the office space and the hotel? It is my understanding is that they don't have to come back for a rezoning or anything. They can build it as it. And so far as connectivity, I believe there will be connectivity. The plans, if you look down the future probably will be a light rail that will go behind there. And also there will probably be a cul-de-sac of Greenwich Rod. So, you are not going to have this traffic going through. It will be cul-de-sac. People going to this residential here or they are going to the office space next door. There will not be much through traffic. I think it would be appropriate to have a cross over connectivity there, so actually I like the proposal and I'm in support of it. Item #18 Harmony Investments, Inc. Page 17 Eugene Crabtree: Jan? Janice Anderson: Yes. Eugene Crabtree: Everybody else has spoken. I incline to agree with you that it is not going to have through traffic. That it is going to be a cul-de-sac. The light rail is going to block the other side of it when light rail goes through they are going to put up structures to protect their property and separate the two. This property from the neighborhood is going to be totally separate. This is a very high end project, and this is on more to our north end of the city going toward Newtown Road that eventually is going to connect the things that we have got started in Town Center, and we're beginning to move down through that corridor along Town Center along Cleveland Street, and everything, and what's going to come in on the other side of the interstate. And eventually there is going to be along the light rail tracks in that area connectivity all the way from Town Center down to this area, and going to eventually going to move down to Newtown Road to where the Norfolk Light Rail and the Virginia Beach Light Rail will connect. We're talking about 50 years or so in the future. And Al says, we may not be around to see it. But it is going to come about eventually. So, why penalize this high end project for doing something that is going to connect these things eventually. And everybody is the old adage. Not in my backyard. Everybody wants to see improvement in the City. They want to see high end quality things but don't do it in my backyard. Go some place else and do it and into somebody else's neighborhood. I lived in this city for over 50 years, and I have seen it happened time and time again in my neighborhood. And, from my standpoint of view, I sympathize because I'm going to be in the same situation along that light rail with the neighborhood when they start building things. I live about from two blocks from where that light rail is going to go though. If that ever happens, I am going to be right in the same situation these folks are in. But I'm going to have to live with it. Consequently, it is a high end project. I just think its' a start of getting something done in that entire corridor. Janice Anderson: Thanks Gene. Henry? Henry Livas: Yes. I wanted to weigh in and say that I still support the project. I did support it last month, and I haven't heard anything differently. Unfortunately, there hasn't been a lot of compromise. However, the applicant did put the fence up, and I think that is going to help a lot. Some of the concern about crime, I just don't think that is going to materialize that much. Whatever development goes over there, I don't think it is going to make crime more preventable. Also, you got the light rail coming in. Eventually, I think later on when that comes in you're going to see this is a very minor event compared with the light rail. I am impressed with the group that came out here. Some of which I know, but I think I have to look at what is good for the city in general, and we certainly need housing. And as Jack mentioned, there are a lot of areas we are not be able to put housing in because of the restrictions with the Navy. So, this applicant has complied with everything that we have asked him to do so far. The flyover is not a problem. It was mentioned that it was a problem before. I think we have cleaned up the architecture and the quality of the structure problem. Item #18 Harmony Investments, Inc. Page 18 It is a quality project as some of colleagues have just mentioned. So, I would support the application. I'm ready for a motion unless someone else wants to talk? Janice Anderson: Thank you Henry. Are there any more comments? Do I have a motion? Henry Livas: I move that we approve the conditional change of zoning from Light Industrial to Conditional A-36 Apartment District. Janice Anderson: A motion by Henry Livas. Is there a second? Ronald Ripley: I'll second it. Janice Anderson: A second by Ron Ripley. Ed Weeden: By a vote of 7-3, the Board has approved the application of Harmony Investments, Inc. Janice Anderson: Thank you all for coming down today. We appreciate it. Is there any further business? Donald Horsley: No further business. Janice Anderson: The meeting is adjourned. AYE 7 NAY 3 ABS 0 ABSENT 1 ANDERSON AYE BERNAS NAY CRABTREE AYE HENLEY NAY HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO NAY STRANGE ABSENT Ed Weeden: By a vote of 7-3, the Board has approved the application of Harmony Investments, Inc. Janice Anderson: Thank you all for coming down today. We appreciate it. Is there any further business? Donald Horsley: No further business. Janice Anderson: The meeting is adjourned. In Reply Refer To Our File No. DF -7299 TO: Mark D. Stiles FROM: B. Kay Wilsonq P CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 23, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Harmony Investments, Inc. — Conditional Rezoning The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2011. 1 have reviewed the subject proffer agreement, dated March 12, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. B KW/ka Enclosure / cc: Kathleen Hassen✓ Prepared by Warren L. Tisdale Willcox & Savage, P.C. One Commercial Place, Suite 1800 Norfolk, VA 23510-2197 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 12'h day of March, 2009, by and between 310 EAST STREET, LLC, a Virginia limited liability company, the current owner of that certain property located on Greenwich Road, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), HARMONY INVESTMENTS, INC., a Virginia corporation, the proposed developer of the Property (3 10 East Street, LLC and Harmony Investments, Inc. are hereinafter referred to collectively as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has 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 I-1 to Conditional A-36; 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 Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 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 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN NO.: 1467-54-6228 WHEREAS, said conditions having been proffered by the Grantor 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 Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion 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 Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop the dwelling units upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated March 11, 2009, and titled "Conceptual Site Layout and Landscape Plan of Greenwich Village, Greenwich Road, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the structures shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by Cox, Kliewer & 2 1-868075.1 Company, P.C. dated October 31, 2008 and titled "Conceptual Apartment Building Front Elevation; Greenwich Village; Greenwich Road; Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the 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. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (a) 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; (b) 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; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and (d) 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 Grantor and Grantee. [SIGNATURE PAGE FOLLOWS] 3 1-868075.1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: 310 EAST STREET, LLC, a Virginia limited liability company By: Page S. Johnson, II, Authorized Member of 310 East Street, LLC HARMONY INVESTMENTS, INC., a Virginia corporation By: Page SkJos�on, , Vice -President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this ) �L day of 01-aA, , 2009, by Page S. Johnson, II, who is personally known to me or has produced identification, and who signed in his capacity as Authorized Member of 310 East Street, LLC, and in his capacity as Vice -President of Harmony Investments, Inc. Notary My Commission Expires: AAARY A ANOMS Notary Public Registration Number:I an 19 Commonwealth of Virginia Commission Expires May 31, 2010 0 I-868075.1 EXHIBIT A ALL THAT certain tract of land with the improvements thereon and appurtenances thereunto belonging situate in Bayside Borough in the City of Virginia Beach, Virginia, and designated PARCEL "2" on that certain plat entitled "AMENDED RESUBDIVISION OF PARCEL 'A-1' AND PARCEL 'C', 'SURVEY OF PROPERTY FOR LANDMARK COMMUNICATIONS, INC.' (MB 78, PG 31), VIRGINIA BEACH, VIRGINIA", made by MSA, P.C., dated April 17, 2008, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20080430000501660. IT BEING a portion of the same property conveyed to Landmark Communications, Inc., a Virginia corporation, by deed from E.V. Williams Company, Inc., a Virginia corporation, dated December 27, 1968 and recorded December 27, 1968 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1091 at page 239. I-868075.1 I 0 t7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEO I, L.L.C. C/O JOHN GEORGHIOU, Conditional Change of Zoning, R-10 Residential to Conditional R-7.5 (WF) Residential, 4480 & 4488 Indian River Road (GPINs 1474254827; 1474252700; 1474256755). CENTERVILLE DISTRICT. Comprehensive Plan — Suburban Area. MEETING DATE: March 8, 2011 ■ Background: The applicant proposes to rezone the existing R-10 Residential properties to Conditional R-7.5 Residential with a Workforce Housing Overlay and develop the 9.4350 acres site with 42 single-family dwelling units, of which seven units will be designated for workforce housing. The lots range in size from 4,000 square feet to 19,800 square feet, with an average lot size of 5,500 square feet. The site is an odd shape, long and narrow on the northern portion, and shaped similar to an "L" on the southern portion. Future Indian River Road right-of-way cuts through the site approximately 950 -feet from the existing Indian River Road. 50 -foot ingress / egress easement to the previous farm house and a variable width utility easement run through the center of the site, as well as a 30 -foot raw water line easement which runs across the rear of the site. The configuration of the site and the easements within the site present development challenges. The applicant submitted eight model designs. Exterior building materials include vinyl shake and brick accents. Several of the models have slightly recessed garage areas with trellis features over the entrances to the garages. All of the proposed dwellings have covered front entryways. APPLICATION HISTORY: The applicant deferred the request at the December 8, 2010 Planning Commission meeting so he could work with staff on issues regarding density and site design. ■ Considerations: The City Zoning Ordinance, Article 21 Workforce Housing, states that the intent of the article is "to encourage the development of high-quality housing that is: (1) affordable by households with annual incomes of between eighty (80) percent GEO I, LLC Page 2 of 4 and one hundred twenty (120) percent of Area Median Income (AMI); or (2), for rental purposes, by households with annual incomes of between sixty (60) percent and ninety (90) percent of AMI, adjusted for family size, who live or work in Virginia Beach. Because such households generally, although not uniformly, consist of one (1) or two (2) working members, such housing is termed "workforce housing." The intent further states "In order to accomplish that goal, this article establishes incentives for the construction of workforce housing in areas of the city in which the Comprehensive Plan recognizes increased density to be appropriate. Equally importantly, this article also ensures that workforce housing will be well-designed, of high quality, and well -integrated into the overall development of which it is a component." The site contains 9.43 acres. The current zoning of R-10 Residential permits 28 dwellings. Staff and the applicant met several times to discuss the proposal. Staff concerns regarding the proposed density, site layout, and stormwater management were discussed at all of the meetings. Staff requested that the applicant consider an R-7.5 Residential district density of 3.5 dwelling units to the acre, which would allow 33 dwelling units. The allowance of a 30 percent density increase allows 42 dwelling units, of which seven would have to be designated as workforce housing. The applicant has worked with staff to produce a project that will set the tone for workforce housing developments in residential districts. The site has been redesigned to be developed at an R-7.5 Residential district density which is more in keeping with the surrounding Glenwood subdivision. The proposed lot sizes are consistent with the Glenwood subdivision, as well as the proposed dwelling sizes. Site details include changes in asphalt and concrete design, a defined entrance to the proposed park area, picket fencing and pergolas, and a decorative structure in the traffic circle midway through the site. The request is consistent with the Comprehensive Plan recommendations for the area and provides workforce housing. Therefore staff recommends approval of the request subject to the proffers. 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: 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 GEO I, LLC Page 3 of 4 the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "Exhibit 1 for Riverlake, prepared by Porterfield Design Center, and Exhibit 1A for Riverlake," prepared by Site Improvement Associates, Inc., each dated July 14, 2010, which is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of lots within the Conditional R-7.5 (WF) zoning classification will be forty-two (42) with setback lines of fifteen -feet (15') along the front of the lots for the principal structure; ten -feet (10') along the front of the lots for porches, stoops, balconies, and the like; ten -feet (10') along the rear of the lots for the principal structures and for porches, stoops, balconies, and the like; ten -feet (10') along Future Indian River Road; five -feet (5') along the sides of the lots for the principal structure; three -feet (3') along the sides of the lots for accessory structures, porches, stoops, balconies, and the like as shown specified on the Site Plan.. PROFFER 3: The Owners agree to designate seven (7) of the lots within the Conditional R-7.5 (WF) zoning classification as "Workforce Housing" as defined in Section 2100, et. Seq. and those guidelines and standards established there from, and that such "Workforce Housing" lots will be distributed throughout Lots 1-39 on the Site Plan. PROFFER 4: The housing units that will be constructed within this subdivision will be in substantial conformance with the drawings and renderings prepared by Martin & Martin Architecture, designated as 3 -BR Type A, A.1; 3 -BR Type B, B.1; 4 -BR Type A, A.1; and 4 -BR Type B, B.1 and included as part of the Conditional Rezoning application on file in the Virginia Beach Planning Department (hereinafter "Site Plan"), and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Owners agree to dedicate 20,021 square feet (0.46 acres) to the City of Virginia Beach, as shown on the Site Plan, for purposes of a public park. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the number of units to be set aside for workforce housing, the layout of the project, as well as the park area. The City Attorney's Office has reviewed the proffer agreement dated July 23, 2010, and found it to be legally sufficient and in acceptable legal form. GEO I, LLC Page 4 of 4 ■ 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: ^F,VTFR1 WIT Tia_; E-1� — GEO 1, LLC M1M NUI IO JC9r f / 3 i A} , R10' P1* / R10 RIO 16 February 9, 2011 Public Hearing APPLICANT: GEO I, L.L.C. PROPERTY OWNER: GEO I, L.L.C., DONALD K. Conditional Zoning Change from R10 R7.5 (WH) I— I LAND, A N D BOOTSIE LORAINE TERRY STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R-10 Residential to Conditional R-7.5 Residential with a Workforce Housing Overlay (WF)) ADDRESS / DESCRIPTION: 4480 Indian River Road,4488 Indian River Road, and Parcel 14742548270000 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14742567550000; CENTERVILLE 9.4350 acres Less than 65 dB DNL 14742527000000; 14742548270000 SUMMARY OF REQUEST The applicant proposes to rezone the existing R-10 Residential properties to Conditional R-7.5 Residential with a Workforce Housing Overlay and develop the 9.4350 acres site with 42 single-family dwelling units, of which seven units will be designated for workforce housing. The site is an odd shape, long and narrow on the northern portion, and shaped similar to an "L" on the southern portion. Future Indian River Road right-of-way cuts through the site approximately 950 -feet from the existing Indian River Road. 50 -foot ingress / egress easement to the previous farm house and a variable width utility easement run through the center of the site, as well as a 30 -foot raw water line easement which runs across the rear of the site. The configuration of the site and the easements within the site present development challenges. GEO, L.L.C. Agenda Iterp 16 Page 1 The submitted preliminary subdivision exhibit depicts 42 single-family lots. The lots range in size from 4,000 square feet to 19,800 square feet, with an average lot size of 5,500 square feet. Proposed lots 1-39 are depicted between existing Indian River Road and the future Indian River Road. These lots will be accessed from the existing Indian River Road. Proposed Lots 40, 41, and 42 will be accessed from Flax Mill Drive in Glenwood. Future Indian River Road will have limited access and neither portion of the proposed subdivision will be allowed to access the proposed roadway. There are three cul-de-sacs proposed within the subdivision. Proposed lots 1-3 will front Indian River Road and are accessed through the rear of the sites. An entrance sign of brick with a pergola and a 4 -foot high picket fence are depicted along the frontage of Lots 1-3 and along the side of Lot 39, along Indian River Road. Street trees and shrubs are proposed along the roadway and cul-de-sacs as well as a landscape island with a defining community structure in the roadway midway into the subdivision. Colorized stamped asphalt is proposed in the middle of the cul-de-sacs. A .46 acre park is proposed, as well as an area just over an acre in size for the stormwater management pond system. A pergola and picket fence define the entrance to the park. Sidewalks are proposed along the northern side of the roadway. Three foot wide stained concrete bands define the end of the driveways. A six-foot fence with landscaping is proposed adjacent to future Indian River Road. The applicant submitted eight model designs, all two story in height. Exterior building materials include vinyl shake and brick accents. Several of the models have slightly recessed garage areas with trellis features over the entrances to the garages. All of the proposed dwellings have covered front entryways. The proposed dwellings will be three and four bedroom units. APPLICATION HISTORY: The applicant deferred the request at the December 8, 2010 Planning Commission meeting so he could work with staff on issues regarding density and site design. The applicant re -submitted the request with a Conditional R-7.5 Residential with a Workforce Housing Overlay. The site has been re -designed to develop 42 single-family dwellings of which 7 dwellings will be designated as workforce housing. The proposed site re -design includes a storm water management pond, three cul-de-sacs with stamped and colorized asphalt in the centers, 3 -foot stained color concrete bands at the end of the proposed driveways, fencing and a pergola at the park entrance, and trees and shrubs along the frontages of the proposed lots. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling and undeveloped fields SURROUNDING LAND North: . Glenwood subdivision / Conditional R-10 Residential USE AND ZONING: South: . Single-family dwellings / R-10 Residential East: . Glenwood subdivision / Conditional R-10 Residential West: . Indian River Road • Across Indian River Road is Stumpy Lake NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. GEO, L.L.C. Agenda Item 16 Page 2 COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site in 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 that make up the suburban area. 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in front of this application is a two-lane undivided minor suburban arterial. The 2004 Master Transportation Plan (MTP) proposes a Planned Facility with a divided roadway, bikeway and scenic buffer within a 125 foot right-of-way section. A Capital Improvement Program (CIP) project is slated for this area; Indian River Road — Phase VII (CIP 2.256.000) is for the construction of a four -lane divided arterial highway from Lynnhaven Parkway to Elbow Road Extended, with landscaping and aesthetic design features. This project also includes the relocated intersection of Indian River Road and Elbow Road. Currently, the construction start date is beyond VDOT's Six -Year Plan. Public Works / Roadway Engineering: The Indian River Road Project, CIP 2-256, is currently in the site acquisition process. A draft plat has been developed for the project which includes the right-of-way referenced in the GEO I, LLC, conditional rezoning application. The CIP project will require right-of-way, noise barrier maintenance easements, drainage easements, and temporary construction easements. At this time, it appears that the 125' reserved for the CIP project is sufficient. Upon completion of negotiations with the property owner, a final plat will be recorded establishing the right-of-way and easements required for the property. Public Works / Engineering A dedication of 30 feet along existing Indian River Road such that the minimum right-of-way of 50 feet is achieved and a dedication of 125 feet along Future Indian River Road such that the ultimate right-of-way is achieved in accordance with the Master Transportation Plan amended 10/12/04 is achieved may be required during detailed site plan review. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 9,805 ADT 13,600 ADT Existing Land Use — 0 ADT Proposed Land Use 3— 550 (45 AM Peak Hour / 56 PM Peak Hour Average Daily Trips 2 as defined by vacant property / with R-10 residential zoning — 182 ACT 3 as defined by 50 single-family dwellinc s GEO, LL.C. Agenda Item_16 Page 3 STORMWATER MANAGEMENT: The site is within the Southern Watershed. Stormwater quality and quantity will have to be addressed in accordance with the Southern Watershed Management Ordinance and the Virginia Stormwater Management Handbook. WATER: An eight -inch city water main exists along Flax Mill Drive, and a 10 -inch city water main exists along Indian River Road. An eight -inch city water main crosses through the property within a variable width public easement, and a 30 -inch raw water line crosses the property along the eastern portion of the site. No construction is permitted within the easements. SEWER: Eight -inch city sanitary sewer gravity mains exist along Flax Mill Drive and Indian River Road; an eight -inch city sanitary sewer main crosses through the property within a variable width public utility easement. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment New Castle 815 797 15 8 Salem Middle 1,027 983 9 5 Salem High 1,897 1,759 12 6 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION The City Zoning Ordinance, Article 21 Workforce Housing, states that the intent of the article is "to encourage the development of high-quality housing that is: (1) affordable by households with annual incomes of between eighty (80) percent and one hundred twenty (120) percent of Area Median Income (AMI); or (2), for rental purposes, by households with annual incomes of between sixty (60) percent and ninety (90) percent of AMI, adjusted for family size, who live or work in Virginia Beach. Because such households generally, although not uniformly, consist of one (1) or two (2) working members, such housing is termed "workforce housing." The intent further states "In order to accomplish that goal, this article establishes incentives for the construction of workforce housing in areas of the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density to be appropriate. Equally importantly, this article also ensures that workforce housing will be well-designed, of high quality, and well -integrated into the overall development of which it is a component." I. Section 2105 of the zoning ordinance requires applicants requesting a workforce housing overlay zoning district to provide the following information in order for staff to effectively evaluate the request (the ordinance requirements are listed first and the applicant's response follows in italicized print): (1) A survey of existing site conditions, including trees, contours, floodway, flood fringe, waters, wetlands and other natural features; GEO, L.U. Agenda Iteri 16 Page 4 A survey of the existing conditions on the site is included in the report; (2) A narrative statement of planning objectives for the proposed development; The applicant states that "The objective of the proposed development, as it relates to Workforce Housing, is to provide seven (7) Workforce Housing Units within the limits of the proposed Lots 1- 39 and to make the units indistinguishable from the non -Workforce Housing Units while providing more affordable housing for the citizens of Virginia Beach." (3) A construction schedule, including a schedule of construction of workforce housing units; The applicant states "The Workforce Housing Units are proposed to be constructed in the same ratio as the non -Workforce Housing Units. The Workforce Housing Units may even be constructed faster depending upon the market and number of available and qualified buyer for the units. " (4) A detailed land use plan, which shall, at a minimum, consist of: a. Architectural elevations for proposed structures, including building materials and colors; The architectural elevations and building materials / colors are included in the report. The applicant proposes eight different architectural styles and sizes for the units. b. A general landscape plan and tree preservation plan; The proposed landscaping is included is included in the report. c. A detailed description of the differences in size, interior layout and construction materials between workforce housing units and other dwelling units of the same type; The construction materials, colors and sizes of the proposed workforce housing units will be the same as the non -workforce housing units. Items available for all units include brick fronts and faux cedar shake siding, granite counter tops, stainless steel appliances, and ceramic tile. d. An affordability level statement; An affordability statement was submitted with the rezoning request, was reviewed by the Department of Housing and Neighborhood Preservation for compliance with Area Median Income guidelines, and is included in the report. e. The total area to be included in the Workforce Housing Overlay District as part of the application; The total area of the project is 9.4350 acres. f. The location of residential uses and total number and type of proposed dwelling units, including the location, number and type of workforce housing units; GEO, L.L.C. Agenda Ite'o16 Page. 5 The total number of units proposed for the project is 42 dwellings, of which seven dwellings will be designated as workforce housing. The actual location of the structures is not depicted on the submitted preliminary subdivision exhibit, however the applicant states that the dwelling units will be distributed throughout the subdivision with a limitation of two workforce housing units per cul-de-sac. g. Types of nonresidential uses proposed, if any, including the area and gross floor area proposed for such nonresidential development; The applicant is dedicating .46 acres of land area to be used as a neighborhood park. h. Gross floor area of all structures; The minimum floor area for the dwellings is 1,900 square feet and includes the garage spaces. The submitted elevations depict floor areas ranging from 2,120 square feet to 2,497 square feet. Location of all buildings, streets, alleys and pedestrian walkways; The location of the street, cul-de-sacs, alley, pedestrian walks, and park are depicted on the submitted plan. The proposed location of the proposed dwellings is depicted, but may change with the actual development of the site. Regulations governing height, setbacks, floor area ratio, lot coverage, impervious surface, accessory structures (sheds, swimming pools, etc,), signs and fences; Proffer 2 of the proffer agreement, as well as the submitted exhibit 1A, provides regulations pertaining to the setbacks for the structures and accessory structures. Staff notes that height, floor area ratios, signs, and fences are not addressed in the proffer agreement. The applicant states that "other than the specific zoning issues addressed within the submitted application and proffer agreement. The zoning standards of the underlying R-7.5 District shall apply to the development. A neighborhood sign, fencing, changes in asphalt, pergola at the entrance to the park, and a landscaped island with a defining community structure are depicted on the submitted exhibit 1 plan. k. Number and location of parking spaces, including parking structures; Of the eight model types of the dwellings two have one -car garages and six have two car garages. Double car driveways are depicted on the plan for all the dwelling units. Proposed improvements to adjacent public streets; Proposed improvements to Indian River Road include piping the ditch running along the front to the property, and a five-foot sidewalk along the frontages of proposed Lots 1, 2, 3, and the side of Lot 39. A 10 -foot right-of-way reservation is also proposed along the frontage of the site. A six-foot tall fence with landscaping is proposed along future Indian River Road. Street trees in accordance with the City standards are proposed along the main roadway and cul- de-sacs in the project. GEO, L.L.C. Agenda Iterri 16 Page 6 m. Open space and recreation areas, including areas inside buildings; The applicant is proposing the dedication of a .46 acre park. The entrance to the park is defined with a 4 -foot picket fence and pergola. Sidewalks are proposed along the main roadway from the entrance of the site to the park area. Next to the proposed park a storm water management pond is depicted on a little over an acre of land area. Combined park and storm water management area provides approximately one and % acres of open space. n. Green development features, such as porous paving or pavers, native plant landscaping, reduced street lengths, and reduced pavement width, bio -retention islands, shared parking, vegetated swales in lieu of curb and gutter or other features of development intended to enhance environmental quality. Proposed green features in the subdivision include; a. A lake is proposed for use as part of the storm water management system in addition to the proposed underground infiltration trenches. b. An underground infiltration system is also proposed to handle the storm water runoff from this development before it is discharged into the receiving drainage system. The system will allow groundwater recharge in accordance with generally accepted green development guidelines. c. Two -zone HVAC units in each home. d. Low -E windows, e. Low flow water fixtures. II. Section 2106 of the ordinance allows a density increase in order to provide for workforce housing units. The ordinance states: The dwelling unit density in the Workforce Housing Overlay District may be increased by a maximum of thirty (30) percent over the density allowed in the underlying zoning district if all of the following conditions are met: (a) Not less than seventeen (17) percent of the total numbers of dwelling units are workforce housing units. In the event the maximum allowable density is not increased by thirty (30) percent, the percentage of workforce housing units required shall maintain the same ratio of thirty (30) percent to seventeen (17) percent; (b) Workforce housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units; (c) The construction of workforce housing units shall reasonably coincide with that of other units; (d) Workforce housing shall conform to the Workforce Housing Design Criteria and any other applicable design standards in the Comprehensive Plan, including, but not limited to, the following standards: a. The exterior of workforce housing units shall have the same building materials and finish, and be effectively indistinguishable from, non -workforce housing units of the same housing type; b. Workforce housing units shall be comparable in bedroom mix, design, and overall quality of construction to the market rate units in the development, except that workforce housing units shall not be required to exceed three (3) bedrooms per unit; and c. The square footage and interior features of workforce housing units shall not be required to be the same as other dwelling units in the development units, so long as they are GEO, L.L.C. Agenda Item 16 Page 7 reasonably similar in size and quality and are consistent with the current building standards for new housing in the City of Virginia Beach. III. Evaluation of the proposed density: (a) Lots in the Glenwood planned unit subdivision are platted at an average of 6,000 square feet. The overall approved density for the Glenwood subdivision is 3 dwelling units to the acre. The existing and surrounding zoning is R-10 Residential which permits 3 dwelling units to the acre. The applicant's plan is submitted with lots proposed at an average of 5,500 square feet and at 3.5 dwelling units to the acre. The 30% increase in density allows for an overall density of 4.4 units to the acre. RECOMMENDATION The site contains 9.43 acres. The current zoning of R-10 Residential permits 28 dwellings. Staff and the applicant met several times to discuss the proposal. Staff concerns regarding the proposed density, site layout, and stormwater management were discussed at all of the meetings. Staff requested that the applicant consider an R-7.5 Residential district density of 3.5 dwelling units to the acre, which would allow 33 dwelling units. The allowance of a 30 percent density increase allows 42 dwelling units, of which seven would have to be designated as workforce housing. The applicant has worked with staff to produce a project that will set the tone for workforce housing developments in residential districts. The site has been redesigned to be developed at an R-7.5 Residential district density which is more in keeping with the surrounding Glenwood subdivision. The proposed lot sizes are consistent with the Glenwood subdivision, as well as the proposed dwelling sizes. The applicant has provided additional open space with the proposed storm water management pond. Site details include changes in asphalt and concrete design, a defined entrance to the proposed park area, picket fencing and pergolas, and a decorative structure in the traffic circle midway through the site. The request is consistent with the Comprehensive Plan recommendations for the area and provides workforce housing. 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: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "Exhibit 1 for Riverlake, prepared by Porterfield Design Center, and Exhibit 1A for Riverlake," prepared by Site Improvement Associates, Inc., each dated July 14, 2010, which is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of lots within the Conditional R-7.5 (WF) zoning classification will be forty-two (42) with setback GEO, L.I.C. Agenda Iterh 16 Page 8 lines of fifteen -feet (15) along the front of the lots for the principal structure; ten -feet (10') along the front of the lots for porches, stoops, balconies, and the like; ten -feet (10') along the rear of the lots for the principal structures and for porches, stoops, balconies, and the like; ten -feet (10') along Future Indian River Road; five -feet (5) along the sides of the lots for the principal structure; three -feet (3') along the sides of the lots for accessory structures, porches, stoops, balconies, and the like as shown specified on the Site Plan.. PROFFER 3: The Owners agree to designate seven (7) of the lots within the Conditional R-7.5 (WF) zoning classification as "Workforce Housing as defined in Section 2100, et. Seq. and those guidelines and standards established there from, and that such "Workforce Housing" lots will be distributed throughout Lots 1-39 on the Site Plan. PROFFER 4: The housing units that will be constructed within this subdivision will be in substantial conformance with the drawings and renderings prepared by Martin & Martin Architecture, designated as 3 -BR Type A, A.1; 3 -BR Type B, B.1; 4 -BR Type A, A.1; and 4 -BR Type B, B.1 and included as part of the Conditional Rezoning application on file in the Virginia Beach Planning Department (hereinafter "Site Plan"), and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Owners agree to dedicate 20,021 square feet (0.46 acres) to the City of Virginia Beach, as shown on the Site Plan, for purposes of a public park. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the number of units to be set aside for workforce housing, the layout of the project, as well as the park area. The City Attorney's Office has reviewed the proffer agreement dated July 23, 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. GEO, La.C. Agenda Item 16 Page 9 44, 1 'tow. e 6m - Indian River Road Stumpy Lake PHYSICAL SURVEY -7 GEO, L L.C. Agenda Item 16 Page 11 LJ -.iY IT Jk IN , PHYSICAL SURVEY -7 GEO, L L.C. Agenda Item 16 Page 11 LJ PHYSICAL SURVEY -7 GEO, L L.C. Agenda Item 16 Page 11 PROPOSED SITE PLAN GEO, L.L.C. Agenda Item 16 Page 12 � 1p PROPOSED SITE PLAN GEO, LL.C. Agenda IteM. 16 Page. 13 11Y . � 1p PROPOSED SITE PLAN GEO, LL.C. Agenda IteM. 16 Page. 13 4 BEDROOM. 4 -BR Type B.1 (249'1 5F) PROPOSED BUILDING ELEVATION GEO, L.I.C. Agenda Item 16 Page 14 4 BEDROOM. 4 -BR Type B (249'1 5F) PROPOSED BUILDING ELEVATION GEO, L.L.C. Agenda Item 16 Page 1.5 4 BEDROOM. 4 -BR Type Al (24'14 5F) PROPOSED BUILDING ELEVATION GEO, L:.L-C. Agenda Item 16 Page 16 4 BEDROOM. 4 -BR Type A (2474 5F) PROPOSED BUILDING ELEVATION GEO, L.L.C. Agenda Item 16 Page 17 3 BEMOOM . 3 -BR Type B.t (2248 5F) PROPOSED BUILDING ELEVATION GEO, L.I.C. Agenda Item 16 Page 18 3 BEDROOM . 3 -BR Type B (2248 5F) PROPOSED BUILDING ELEVATION GEO, L.L.C. Agenda Item 16 Page 19 3 BEDROOM . 3 -BR Type A.1 (2120 5F) PROPOSED BUILDING ELEVATION GEO, L.L.C. Agenda Item 16 Page 20 3 BEDROOM. 3 -BR Type A (212(o 5F) PROPOSED BUILDING ELEVATION GEO, L.L.C. Agenda Item 16 Page 21 CENTER MLLE 111ah E-11 GEO I, LLC Mao Not to Scale �1 J\ may, - � C�^l V r\>u•' '� i /j / p1* %lam- �v, o 'Zoning with C onditionsProffers Conditional Zoning Change from R10 R7.5 (WH) # DATE REQUEST ACTION 1 2/25/85 Rezoning (R-5 Residential to PDH2 Planned Unit (R-10 Approved 2/26/91 Residential) Approved Reconsideration of Conditions There is no further zoning activity to report for the area. The area has consistently been zoned at 3 dwelling units to the acre. ZONING HISTORY GEO, L.L.C. Agenda Item -16 Page 22 AFFORDABILITY LEVEL STATEMENT (FOR SALE UNITS) To satisfactorily demonstrate that the proposed development qualifies for the bonus density, this form is to be completed and returned when applying for a Workforce Housing Overlay District as provided for in Sections 2300-2106 of the City Zoning Ordinance. Name of Development: - GEO I, LLC - Indian River Road Name of Owner/Applicant: -John Georghiou The following is a statement of the number of workforce housing units that are affordable to qualified buyers at 80%, 90%, 100%, 110% and 120% of Area Median Income (AMI). WORKFORCE HOUSING UNITS AFEpRDABLETSJ:BUYERS AT %AMI Maximum Discounted Saks Price -Based on Projected Interest Ill #OF1 #OF2 #OF3 #OF4 TOTAL# ' %AMI BDRM BDRM BDRM BDRM OF UNITS - UNITS UNITS UNITS UNITS AT%AMI 120% 1 ] Total #of units listedmust be equal to or greater than: the total# of WFH units required 110% 6 6 100% 0 based on the bonus density .requested. 9D% 0 80% 0 TOTAL # OF 0 0 6 1 7 UNITS ESTIMATED UNIT SALES $269,900 $289,900 Thh ARwdadlM1y leW Statmlmrtb ba.N on discounted Wet prkea. epa---Wbr .Housat—.ry Hoare, a—..1 me PRICE me of submlumn of rhb ntmdnt+nWbnan. one or me f.aon eu metabibh-dbammud Wee b,megaaInaerese,ues %WFH UNIT 25% 25% aaWirabbmin. mk ormelaopaRy. p, utnenmeehe warorK DISCOUNT houslna unks are mady b sok, Me p.'nting interest rate aoo�inbk m nkbh4hn than ase bsumceau on adllm m.,wikamb $WFH UNIT $67,475 $72,475 hb dsto 1n Wesmm,ane tlereb, o9aes Me .nO. M DISCOUNT no lorger be'aRordabk' m tlse buyer,.s meterm'anardabb' b In s.aan t6- ume CM code, d. aapium marm�nt ESTIMATEDaefa,ed b.ary, aumarbaaon from ma gretla of Mwsipand fM4hborfloot DISCOUNTED $202,425 $217,425 nyne,acaMmun lrlmlce lAMq. rbr aamrmk.ntne mµked UNIT SALES tlbmum app8etl m a a+.rkrmu Aousby Mutagen Te affomabillry of PRICE eablaa+mss m.net rale Mat.tmrdkamsemen 16 rd the CO (ode, makes a woraorce hmeint unh afbrdabk m buten n 91-1 TOTALS a AMI, ona ml.ress nus increase dlaebr moan, the 9mt DISCOUNT PER $404,850 $72,475 unaRortlab4 m buten at ri-IOdK of AMI, ex appliont may mount autnonMsan—Ml me,.nndbrahwswsenittobs ,s.slol•vo% UNIT TYPE of AMI. The dreaorof Ilol,alrla and Nel�rborhrrod amsenatlen wp yerRytnat me oreyama iumeu rue nae In tea iMreased, also mate writbn tlelerMnatbn ehher pantiry p tlerMinB the re9eeatetl ad)U-1 of Anti doscrbad h.— TOTAL $ --_-_-_--- $477,325 DISCOUNT AFFORDABILITY LEVEL STATEMENT GEO, L.L.C. Agenda Item16 Page 23 11 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) GEO I, LLC, a Virginia Limited Liability Company John S. Georghiou William Georghiou 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) George W. Keller & Kate W. Keller Donald K. Piland & Bootsie Loraine Terry 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See nerd page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 1]_ No 21 If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 of 12 Revised 111162go6 DISCLOSURE STATEMENT GEO, L.L.C. Agenda Item 16 Page 24 11 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) Site Improvement Associates, Inc., 800 Juniper Crescent, Suite A, Chesapeake, VA 23320 Martin & Martin Architecture, 800 Juniper Crescent, Suite D, Chesapeake, VA 23320 ' "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 d view the site for purposes of processing and evaluating this application. 0I,L-L-L by ,QR •� yr e'�4 ) Vj1 MS L GEO I, LLC by John Georghim. Managing Member AA � L Print Name George W. Keller & Kale W. Keller Property Owner's �Sig �nJaJjuj�e (i'yf�di/ff/erent than applicant) Print Name hik �IJL Herds Donald K. 8 eootsie Lorene Terry. nlWa Scottie Herder 44, Conditional Rezoning Application Page 12 of 12 Revised 7/3/2007 GEO, LX.C. Agenda Item 16 Page 25 Item #16 Geo I, L.L.C. Conditional Change of Zoning 4480 Indian River Road 4488 Indian River Road District 1 Centerville February 9, 2011 APPROVED An application of Geo I, L.L.C. for a Conditional Change of Zoning from R-10 Residential to Conditional R-7.5 Residential with a Workforce Housing Overlay (WF) on property located at 4480 Indian River Road and 4488 Indian River Road. GPIN: 1474-25-6755-0000; 1474-25-2700-0000; and parcel 1474-25-4827-0000 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "Exhibit 1 for Riverlake, prepared by Porterfield Design Center, and Exhibit 1A for Riverlake," prepared by Site Improvement Associates, Inc., each dated July 14, 2010, which is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of lots within the Conditional R-7.5 (WF) zoning classification will be forty-two (42) with setback lines of fifteen -feet (15') along the front of the lots for the principal structure; ten -feet (10') along the front of the lots for porches, stoops, balconies, and the like; ten -feet (10') along the rear of the lots for the principal structures and for porches, stoops, balconies, and the like; ten -feet (10') along Future Indian River Road; five -feet (5') along the sides of the lots for the principal structure; three -feet (3') along the sides of the lots for accessory structures, porches, stoops, balconies, and the like as shown specified on the Site Plan.. PROFFER 3: The Owners agree to designate seven (7) of the lots within the Conditional R-7.5 (WF) zoning classification as "Workforce Housing" as defined in Section 2100, et. Seq. and those guidelines and standards established there from, and that such "Workforce Housing" lots will be distributed throughout Lots 1-39 on the Site Plan. PROFFER 4: The housing units that will be constructed within this subdivision will be in sybstantial conformance with the drawings and renderings prepared by Martin & Martin Architecture, designated as 3 -BR Type A, A.1; 3 -BR Type B, B.1; 4 -BR Type A, A.1; and 4 -BR Type B, B.1 and included as part of the Conditional Rezoning application on file in the Virginia Beach Planning Department (hereinafter "Site Plan"), and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Owners agree to dedicate 20,021 square feet (0.46 acres) to the City of Virginia Beach, as shown on the Site Plan, for purposes of a public park. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the number of units to be set aside for Item #16 Geo I, L.L.C. Page 2 workforce housing, the layout of the project, as well as the park area. 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. By a vote of 11-0, the Board approve item 16. Claude Lem appeared on behalf of the applicant. Andy Friedman spoke in support of the application. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approve item 16. Claude Lem appeared on behalf of the applicant. Andy Friedman spoke in support of the application. In Reply Refer To Our File No. DF -7742 TO: Mark D. Stiles B. Kay y Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 23, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Geo I, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2011. 1 have reviewed the subject proffer agreement, dated July 23, 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✓ PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS THIS AGREEMENT, made this 23rd day of July, 2010, between GEO I, LLC, a Virginia Limited Liability Company, for indexing purposes GRANTOR, GEORGE W. KELLER and KATE W. KELLER, husband and wife, DONALD K. PILAND and BOOTSIE LORAINE TERRY, n/k/a BOOTSIE L. HERDER, (the three parties constituting the "Owners"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (the "City"), for indexing purposes GRANTEE. WITNESSETH: WHEREAS, the Owners are seized in fee simple of 9.4350 acres of land, more or less (the "Property"), located in the City of Virginia Beach, Virginia, and described in those certain deeds and/or plats recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, by Instrument #(s) 20061108001694810; Deed Book 3952, Page 914; Deed Book 927, Page 554; and Map Book 147, Page 33 to which reference is made for a more particular description, and as shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Owners have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by application addressed to the Grantee so as to change the Zoning Classification of the Property from R10 to Conditional R7.5 (WF) with Workforce Housing Overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN(S): 1474-25-4827-0000, a portion of Return to:�t 1474-25-6755-0000,1474-25-2700-0000 Beverly K Wilson ,— JE n�, r Lt Associate City Attorney (ay /�f ''^ Prepared by: Office of the City Attorney Grey & Arsenault, s n Municipal Center — Building l 412 Oakmears Crescent, Suite 101, 1 2401 Courthouse Drive owners imd Virginia Beach, Virginia 23462 Virginia Beach, Virginia 2345 W g U9 WHEREAS, the Owners acknowledge that the competing and. sometimes incompatible development of various types of uses conflict and that in order to pernlit differing types of uses on and in the area of the Property and. at the same time to recognize the effects of change that will be created by the Owners' proposed rezoning, certain. reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Owners' rezoning application gives rise; and WHEREAS., the Owners have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the property, the following reasonable conditions related to the physical development, operation, and. use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE_,, the Owners, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan. building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall. restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owners, their successors. personal representatives, assigns, grantees, and other successors in interest or title: (A g� Proffer Agreement 2 owners initials 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "Exhibit 1 for Riverlake, prepared by Porterfield Design Center, and Exhibit IA for Riverlake," prepared by Site Improvement Associates, Inc., each dated July 14, 2010, which is on file with the Virginia Beach Department of Planning, (hereinafter "Site Plan"), and has been exhibited to the Virginia Beach City Council. 2. The number of lots within the Conditional R7.5 (WF) zoning classification will be forty-two (42) with setback lines of fifteen -feet (15') along the front of the lots for the principal structure; ten -feet (10') along the front of the lots for porches, stoops, balconies, and the like; ten -feet (10') along the rear of the lots for the principal structure and for porches, stoops, balconies, and the like; ten -feet (10') along Future Indian River Road five -feet (5'� along the sides of the lots for the principal structure; three -feet (3') along the sides of the lots for accessory structures, porches, stoops, balconies, and the like as shown specified on the Site Plan. 3. The Owners agree to designate seven (7) of the lots within the Conditional R7.5 (WF) zoning classification as "Workforce Housing" as defined in Section 2100, et. seq. and those guidelines and standards established there from, and that such "Workforce Housing" lots will be distributed throughout the lots designated as Lots 1 — 39. on the Site Plan. 4. The housing units that will be constructed within this subdivision will be in substantial conformance with the drawings and renderings prepared by Martin & Martin Architecture, designated as 3 -BR Type A, A.1; 3 -BR Type B, B.1; 4 -BR Type A, A.1; and 4 -BR Type B, B.1 and included as part of the Conditional Rezoning application on file in the Virginia' Beach Planning Department and have been exhibited to the Virginia Beach City Council. 5. The Owners agree to dedicate 20,021 square feet (0.46 acres) to the City of Virginia Beach, as shown on the site plans, for the purposes of a public park. � :0 All references hereinabove to the R10 and R7.5 (WF) Zoning Districts as well as r Proffer Agreement 3 owneis mji"Os Section 2100, et. seq., and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and the Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Owners and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and. specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Virginia Beach, Virginia Circuit Court Clerk's Office, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 1.5.2-2204 of the Code of Virginia, 1950, as amended, Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Owners covenant and agree that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with. such conditions tier i died: pr��,p��t�kaR�� '� Proffer Agreement 4 G ownerkn itials b� GV and. (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Owners shall petition the governing body for the review thereof prior to instituting proceeding in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Virginia Beach, Virginia Circuit Court Clerk's Off ice, and indexed in the names of the Owners and the Grantee. Proffer Agreement $ owners initials IN WITNESS WHEREOF, GEO I, LLC a Virginia limited liability company, has caused its name to be hereunto signed by John S. Georghiou, Managing Member. GEO I, LLC, Owner ohn S. Georghio anagmg Mem er OWNER ACKNOWLEDGMENT STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to wit: I, Grip Iy -e lir a Notary Public in and for the City and State aforesaid, do hereby certify that John S. Georghiou, Managing Member of GEO I, LLC, Owner, whose name as such is signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. He is personally known to me or has produced a driver's license as identification. GIVEN under my hand this D day of July 2010. otary Public My Commission Expires:G�ZI,f_.�% My Registration Number is: =ARSENAULTNAULTlicf Virginia53ug. 31,2013 r Proffer Agreement 6 owners initials IN WITNESS WHEREOF, George W. KELLER and Kate W. KELLER, owners, have caused their names to be hereunto signed in accordance with the Contract of Purchase made March 18, 2010 by and between George W. KELLER and Kate W. KELLER, husband and wife, the owners of record of the Property sold therein, (the "Seller") and GEO I, LLC, A Virginia Limited Liability Company, (the "Purchaser"). By:4 George . Keller, Owner By: /tc�- wy / Kate W. Keller, Owner OWNER ACKNOWLEDGMENT STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to wit: I, Uecj( E►hexic.K , a Notary Public in and for the City and State aforesaid, do hereby certify that George W. Keller and Kate W. Keller, owners, whose names are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. They are personally known to me or have produced a driver's license as identification. GIVEN under my hand this -:16 -A day of July 2010. Ad• Notary Public My Commission Expires: j,,J y 3 ( a 013 I My Registration Number is: ) q57 9 �- oilf , . Proffer Agreement 7 owners Initials IN WITNESS WHEREOF, Donald K. PILAND and Bootsie Loraine TERRY, n/k/a Bootsie L. Herder, owners, have caused their names to be hereunto signed in accordance with the Contract of Purchase made February 22, 2010 by and between Donald K. PILAND and Bootsie Loraine 'FERRY. n/k/a/ Bootsie. L. HERDER, the owners of record of the Property sold therein, (the "Seller") and GEO I, LLC, A Virginia Limited Liability Company, (the "Purchaser"). By: Z&Xh z Donald K. Piland, Owner Bootsie Loraine 'Terry, n/k/a Bootsie L. Herder, by Donald K. Piland her Attorney -in -Fact OWNER ACKNOWLEDGMENT STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to wit: I,G4 Ke /1 5-Cj110d Notary Public in and for the City and State aforesaid, do hereby certify that D nald K. Piland, individually, and Donald K. Piland, as Attorney -in -Fact on behalf of Bootsie Loraine Terry, n/k/a Bootsie L. Herder, owners, whose names are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. They are personally known to me or have produced a driver's license as identification. GIVEN under my hand this l6 day of July 2010. 6/140tary- Public My Commission Expires: 46.r jitS-7L My Registration Number is: GARY P. Ak NAULT Notary Public Commonwealth of Virginia Reg. # 209853 My Commission E.xp& Aug. 31.2013 Proffer Agreement g � owners initials EXHIBIT A BEGINNING AT A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD AT NORTHERN LINE OF PROPERTY OWNED BY GEORGE W. AND KATE W. KELLER; THENCE ALONG EAST SIDE OF INDIAN RIVER ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1570.00' FOR A DISTANCE OF 51.31' TO A POINT IN SOUTHERN LINE OF PROPERTY OWNED BY DONALD K. PILAND AND BOOTSIE LORAINE TERRY; THENCE ALONG SAID PROPERTY N 50°25'21" E - 368.22' TO A POINT; THENCE CONTINUING ALONG SAID PROPERTY N 36°41'25" W -162.44' TO A POINT IN SOUTHERN LINE OF SUBDIVISION OF "GLENWOOD"; THENCE ALONG SAID SUBDIVISION THE FOLLOWING COURSES AND DISTANCES - N 50039'55" E - 530.77' TO A POINT; THENCE N 50°29'55" E - 301.08 TO A POINT; THENCE N 52°10'21" E - 166.80' TO A POINT; THENCE S 36'05'16" E - 204.78' TO A POINT IN NORTHERN LINE OF PROPERTY OWNED BY GEORGE W. AND KATE W. KELLER; THENCE ALONG SAID PROPERTY S 50°25'01" W - 1351.00' TO A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD, SAID POINT OF BEGINNING. THIS PARCEL CONTAINS 5.2252 ACRES. GPIN 1474-25-4827-0000. BEGINNING AT A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD AT NORTHERN LINE OF PROPERTY OWNED BY GEO 1, LLC; THENCE ALONG EASTERN SIDE OF INDIAN RIVER ROAD S 50025'01" W - 30.66' TO A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD; THENCE CONTINUING ALONG SAID ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1600.00' FOR A DISTANCE OF 162.67' TO A POINT IN SOUTHERN LINE OF SUBDIVISION OF "GLENWOOD"; THENCE ALONG SAID SUBDIVISION N50008'57" E - 382.91' TO A POINT; THENCE CONTINUING ALONG SAID SUBDIVISION N50039'55" E - 49.23' TO A POINT IN LINE OF PROPERTY OWNED BY GEO 1, LLC; THENCE ALONG SAID PROPERTY S 36°41'25" E - 162.44' TO A POINT; THENCE CONTINUING ALONG SAID PROPERTY S 50°25'01" W - 368.22' TO A POINT IN EASTERN LINE OF INDIAN RIVER ROAD, SAID POINT OF BEGINNING. THIS PARCEL CONTAINS 1.5472 ACRES. GPIN 1474-25-2700-0000. BEGINNING AT A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD AT NORTHERN LINE OF PROPERTY OWNED BY CURTISS W. MULLENS AND DOROTHY M. LANGHALS; THENCE ALONG EASTERN SIDE OF INDIAN RIVER ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1600.00' FOR A DISTANCE OF 111.62'; THENCE CONTINUING ALONG SAID ROAD N 50025'01" E - 30.89' TO PROPERTY OF GEO 1, LLC; THENCE ALONG SAID PROPERTY N 50°25'01" E - 638.58' TO A POINT; THENCE S 39051'59" E - 260.97' TO A POINT IN NORTHERN LINE OF PROPERTY OWNED BY ROBERT M. HAMMOND DECLARATION OF TRUST; THENCE ALONG SAID PROPERTY S 50°51' 14" W - 306.90' TO A POINT IN EASTERN PROPERTY LINE OF PROPERTY OWNED BY CURTISS W. MULLENS AND DOROTHY M. LANGHALS; THENCE ALONG SAID PROPERTY N 36002'02" W - 153.99'; THENCE CONTINUING ALONG SAID PROPERTY S 49059'30" W - 343.38' TO A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD, SAID POINT OF BEGINNING. THIS PARCEL CONTAINS 2.6826 ACRES. PORTION OF GPIN 1474-25-6755-0000. Cc c—� `,� Proffer Agreement 9 7y initials L. APPOINTMENTS ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD TIDEWATER YOUTH SERVICES COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 15 School Board votes on School Budget March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS I A. REAL ESTATE ASSESSOR'S Jerry Banagan, DATE: 02/22/2011 B S Real Estate PAGE. I E L D E D H E W AGENDA MOTION VOTE L I D A S T I E D E N J O S S U H I L W ITEM # SUBJECT 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 CITY COUNCIL BRIEFING: I A. REAL ESTATE ASSESSOR'S Jerry Banagan, ANNUAL REPORT Real Estate Assessor II CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director— Finance B. ROBIN HOOD FOREST David L. NEIGHBORHOOD SSD DREDGING Hansen, Deputy PROJECT City Manager III/IV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y 5" VI -E SESSION F MINUTES— February 8, 2011 APPROVED 9-0 Y Y A A Y Y Y Y Y Y 1' B S T A I N E D G/H-I PUBLIC HEARINGS: INSTALLMENT PURCHASE No speakers AGREEMENT ARP Easements at 1646 Princess Anne Road VIRGINIABEACH BOULEVARD 2 SIDEWALK IMPROVEMENTS No speakers Acquisition by Agreement or Condemnation REAL and PERSONAL PROPERTY TAX EXEMPTIONS 3 Operation Smile No speakers I/J-I Ordinance to AUTHORIZE ARP ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y easementto Laura Frances Tillman, CONSENT Trustee at 1646 Princess Anne Road DISTRICT 7— PRINCESS ANNE CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE Virginia ADOPTED, BY 10-0 Y Y Y A Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y 2 Beach Boulevard sidewalk CONSENT DATE: 02/22/2011 B S PAGE: 2 E L D E D H E W easements, by agreement cr condemnation AGENDA MOTION VOTE L I D A S T I E D E N J O S S U H 1 L W ITEM # SUBJECT T V E Z Y L N O R S O T I P E E E E M I O O L-- O I S I H L R Y S S N N D Ordinance to AUTHORIZE Virginia ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y 2 Beach Boulevard sidewalk CONSENT improvements/ rights-of-way/ easements, by agreement cr condemnation 3 Ordinance to DESIGNATE Operation ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y Smile EXEMPTfrom Real and Personal CONSENT Property Taxes 4 Resolution toAUTHORIZE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y Intergovernmental Agreement between the CONSENT Va Dept of Agriculture, Consumer Services and the City re purchase ofARP easements 5 Resolution toDIRECT City Manager DEFERRED 10-0 Y Y Y A Y Y Y Y Y Y Y prepare Ordinance re CitySchool Revenue INDEFINITELY BY CONSENT Sharing Formula'Risk Management Internal Service Fundre consolidation of Risk Management 6 Ordinance to DONATE VBAM radio ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y equipmentto VDOT CONSENT 7 Ordinance to APPROPRIATE $75,000 ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y five year interest-free loan to Chesapeake CONSENT Beach Volunteer FirdRescue. re replacement ambulance 8 Ordinance to TRANSFER funds re ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y technology related equipment CONSENT a. $136,687 from the Instruction Classification b. $ 20,540 from the Administration, Attendance'Health Classification c. $ 48,567 from the Operations/Maintenance Classification d. $ 25,000 from the Instruction Classification to the Operations/aintenance Classification e. $ 33,527 from the Technology Fund to the Operations/Nhintenance Classification CITY OF VIRGINIA BEACH Street Closures for unimprovedhmnamed APPROVED/ 10-0 Y Y Y A Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y K-1 alleys in Croatan CONDITIONED DATE: 02/22/2011 B S BY CONSENT PAGE: 3 E L D E D H E W a. James F. III/Carol Skarbek AGENDA MOTION VOTE L I D A S T I E D E N J O S S U H I L W ITEM # SUBJECT 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 Street Closures for unimprovedhmnamed APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y K-1 alleys in Croatan CONDITIONED DISTICT 6 - BEACH BY CONSENT a. James F. III/Carol Skarbek 808 Surfside Avenue b. John JJSusan W. Ross 607 Vanderbilt Avenue c. Keith CJKaren E. O'Neil 609 Vanderbilt Avenue d. Paul A. Filion 611 Vanderbilt Avenue 2 CHURCH OF CHRIST/EMMANUEL APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y E. HENRY CUP re religious use at 404 CONDITIONED S. Parliament Drive. BY CONSENT DISTRICT 2- KEMPSVILLE 3 FAITH FOR APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y ti DELIVERANCE/EMMANUEL E. CONDITIONED HENRY CUP re religious use at 404 S. BY CONSENT Parliament Drive. DISTRICT 2— KEMPSVILLE 4 TIDEWATER SEVENTH -DAY APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y ADVENTIST CHURCH/EMMANUEL CONDITIONED E. HENRY CUP re religious use at 404 BY CONSENT S. Parliament Drive DISTRICT 2 - KEMPSVILLE 5 Ordinance toAMEND Sections 203/236 of DEFERRED 60 10-0 Y Y Y A Y Y Y Y Y Y `( CZO re off-street parking DAYS TO 4/26/11, BY CONSENT 6 Ordinance toAMEND Landscaping DEFERRED 60 10-0 Y Y Y A Y Y Y Y Y Y t Guide re bicycle parking'permeable DAYS TO paving 4/26/11, BY CONSENT CITY OF VIRGINIA BEACH APPOINTMENTS SUMMARY OF COUNCIL ACTIONS L BOARD OF ZONING APPEALS RESCHEDULED B Y C O N DATE: 02/22/2011 B N S U S S PAGE: 4 E L D E D H E W HUMAN RIGHTS COMMISSION AGENDA MOTION VOTE L I D A S T I E D E N J O S S U H I L W ITEM # SUBJECT 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 APPOINTMENTS L BOARD OF ZONING APPEALS RESCHEDULED B Y C O N S E N S U S ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD TIDEWATER YOUTH SERVICES COMMISSION CITY COUNCIL LIAISONS— re City Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Council Redistricting Vice Mayor Jones and Councilman Glenn R. Davis HEALTH SERVICES ADVISORY Reappointed: 3 10-0 Y Y Y A Y Y Y Y Y Y BOARD year term 04/01/2011- 03/31/2014 Vicky Gray, Susan D. Hellstrom, Linda L. Lilley, Mary Redd Nelson, Leonard A. Troxell, Jr. Appointed: 3 year term 04/01/2011- 03/31/2014 Conchita Rono, Ana Mascarinas PUBLIC LIBRARY BOARD Appointed: 2 10-0 Y Y Y A Y Y Y Y Y Y Y year term 09/01/2010- 06/30/2012 Kevin Chee, Kempsville High School RESORT ADVISORY COMMISSION Appointed: 3 10-0 Y Y Y A Y Y Y Y Y Y Y year term 01/01/2011- 12/31/2013 Cecil Stanley Burgett, Vice President, CCO VIRGINIA BEACH Appointed: 10-0 Y Y Y A Y Y Y Y Y FOF RY OF COUNCIL ACTIONS Y COMMITTEE Unexpired term DATE: 02/22/2011 B thru 08/31/2012 S PAGE: 5 E L D E D H Kimberly E W L D S I E J S U I AGENDA ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Ytj O R S O THE PLANNING COUNCIL T I P E E A Y M ILD Y Y Y O S H L R S N N M/N/O REVIEW and ALLOCATION Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y COMMITTEE Unexpired term thru 08/31/2012 Kimberly Shepherd THE PLANNING COUNCIL Reappointed: 1 10-0 Y Y Y A Y Y Y Y Y Y Y year term 04/01/2011- 03/31/2012 Councilman Davis ADJOURNMENT 6:09 PM